180-03 Gregory, James & Kristin

Permit Class Permit Number
NEW 180-03
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and '.
Coastal Resources Commissio
r
DEC 1
P . �NAGEMEI� for
6�►L X Major Development in an Area of Env onmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to James & Kristin Gregory, 7005 Sugar Loaf-Ct.;Charlotte,NC 28210 -
Authorizing development in Brunswick County at adj.Spring Creek,3291 Channel side Dr.(Lots 149& 150),
Lockwood Folly S/D.near Vamumtown , as requested in the permittee's application dated 5/5/03(MP-D&rev. 10/21/03
(MP-2&3),incl.attached workplan drawings(10),Sheet 1 of 10 dtd rev.6/03;Sheets 3,7-10 of 10 dtd 5/1/03;&Sheets 4-6 of 10 dtd rev. 10/03.
This permit, issued on December 9,2003 , is subject to compliance with.the application (where consistent
with the permit), all applicable regulations; special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Upland Development
1) This permit authorizes the ,construction of,.a single-family residential structure, access drive and
associated fill of Section 404 wetlands as expressly and specifically set forth in the permit application .
and depicted on the attached workplan drawings. Future development of the permittee's property or
changes in the plans for development 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.
2) All construction must conform to the NC Building Code requirements and other applicable local, state
and federal regulations.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance. f/
Any maintenance work or project modification not covered onna D. Moffitt, Director
hereunder requires further Division approval. Division of Coastal Management
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2006
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

Al-
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G.Ross Jr., Secretary
December 10, 2003
Mr. &Mrs. James Gregory
7005 Sugar Loaf Court
Charlotte,NC 28210
Dear Mr. &Mrs. Gregory:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff-colored form) is retained by you
and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and
return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of
appeal described below.
If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS 113A-121.1 or 113-
229. Your petition fora hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty (20) days of this decision on
your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit
within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the
final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out
in accordance with your application. Modifications, time extensions, and future maintenance require additional approval.
Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work
done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that you
complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning.permit
conditions, environmental safeguards, or problem areas,you may contact Department personnel at any time for assistance. By
working in accordance with the permit,you will be helping to protect our vitally important coastal resources.
Sincerely,
Douglas V.Huggett
Major Permits and Consistency Manager
Enclosure
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] Internet: ,http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: James and Kristin Gregory
2. LOCATION OF PROJECT SITE: 3291 Channel Side Dr. (Lots 149 & 150), Lockwood Folly
subdivision, adjacent to Spring Creek, near Varnumtown, in Brunswick County.
Photo Index - 2000: 4-42: D-6, 7 1995: 4-42: E-13, 14
State Plane Coordinates - X: 2234148 Y: 66279 Rover file - S082819A
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8/28/03
Was Applicant-Present - No
5. PROCESSING PROCEDURE: Application Received - 7/23/03 S pp
� I•
6. SITE DESCRIPTION: Office - Wilmington
(A) Local Land Use Plan - Brunswick County
Land Classification From LUP - Transitional
(B) AEC(s) Involved: ES
Water Dependent: No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - Individual septic tank system
(F) Type of Structures: Existing - None
Planned - Private residence
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands - "404 Type" 4,480 sqft.
(B) Non-Vegetated Wetlands
(C) Other 6,915 sqft.
Hi h round disturbance
(D) Total Area Disturbed: 11,395 sqft.
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: Yes
8. PROJECT SUMMARY: The applicants propose to fill 4,480 square feet of "404 type" wetlands to
establish access to and a building pad for a single-family residence.

James and Kristin Gregory
Page 2
9. PROJECT DESCRIPTION
The project site is located at 3291 Channel Side Dr. (Lots 149 & 150), Lockwood Folly subdivision,
adjacent to an unnamed tributary of Spring Creek, near Varnumtown, in Brunswick County. The
applicants are proposing to combine two (2) lots and construct one (1) single-family residence. The
combined tract is approximately .89 acres in size. The property is an odd shape, measuring 73.36 feet in
depth from Channel Side Drive on the north end of the property and 256.62 feet in depth from the road
on the south side. The lots average 5' - 8' in elevation, with 155 feet of road frontage and over 300 feet
of shoreline adjacent to Spring Creek. The property is wooded, including Live Oak, American Holly,
Loblolly Pine, Wax Myrtle and an occasional Red Cedar. The lot topography is high near to the road,
however, the elevation drops sharply through the center and western half of the tract to "404 type"
wetlands that transition to the adjacent tidal marsh. The wetlands have been delineated, and the
delineation has been approved by the US Army Corps of Engineers. Along the shoreline there is a
border of coastal wetlands, approximately 200 -250 feet wide to the small tidal creek. This border
consists primarily of Smooth Cordgrass (Spartina alterniflora) intermixed with high coastal marsh plant
species, including Black Needle Rush (Juncus roemarianus) and Three Square Scir us spp.) near the
shore. Shrub vegetation including Marsh-elder (Iva frutescens) and Grounsel-bush (Baccharus
halimifolia) complete the marsh transition to the highground area of the lot.
The waters of Spring Creek are classified SA, by the NC Division of Water Quality. The waters
adjacent to the project area are designated as Primary Nursery Area (PNA), by the NC Division of
Marine Fisheries. They are OPEN to the harvesting of shellfish.
The applicant is proposing to construct one single-family residence on the two combined lots. In order to
do so, he is proposing to fill 4,480 square feet (.11 acre) of the Section 404 wetlands on the lot to create
a driveway access and building site. The applicant proposes to install silt fencing to control sedimentation
on both sides of the wetland fill area until the area is permanently stabilized with vegetation. There would
be a culvert installed under that portion of the driveway where there are wetlands on both sides of the
filled causeway. The applicant proposes to clear an additional 2,435 square feet of highground area on
the lots to prepare the building area for construction of the single-family residence. The proposed
residence would be 54 feet long and 50 feet wide (2,700 sqft.).
10. ANTICIPATED IMPACTS
The proposal would cause the loss of a 4,480 square feet of Section 404 wetlands (Clean Water Act). The
application states that an additional 2,435 square feet of high ground will be graded and filled during the
construction and landscaping of the residence. There would be approximately 3,180 square feet of
impervious surface created by the proposed construction.
Submitted by: E. F. Brooks Date: 9/8/03 Office: Wilmington

Narrative CAMA Major Application
Lots 149 & 150 Channel Side Drive
Lockwood Folly subdivision, Brunswick County
The applicants, James and Kristin Gregory, are requesting 0.11-acre of"404 wetland" fill
in order to construct a single-family home. The subject property consists of two platted
lots that have been combined. Even with the two lots combined,roughly half of the
property is jurisdictional wetland.
Upland on the property abuts the road and the southern property line. However, most of
the upland along the road is not available for a homesite since the county-approved
wastewater treatment system is located in this area. No upland area on the property
would allow for construction of the home without some wetland fill. Since total
avoidance is not practicable, the planned house has been situated along the southern
property line where some upland is present. This location minimizes wetland impacts by
placing roughly half of the house over existing upland. Although shifting the homesite
slightly north to shorten the driveway was considered, it was not preferred as it would
have required removing most of the live oaks on the property. It is noted that Lockwood
Folly's restrictive covenants require homes in this phase of development have a minimum
of 1,500 sq.ft. on the first floor. The requested house footprint just meets this minimum
requirement and represents further efforts to minimize impacts.
3

Recommendations for State Permit - James and Kristin Gregory
Provided that the project receives "404" and "401" authorizations, and is found to be consistent with the
local land-use plan, this office has no objections to the project, any permit issued should include the
following conditions:
1. All construction must conform to the NC Building Code requirements and all Local, State, and
Federal regulations. In addition to the federal 404 permit and 401 Water Quality Certification, the
applicant shall submit copies of the Building Permit and documentation from Brunswick County
that the project is consistent with planning, zoning, and all other local requirements.
2. Any change or changes in the plans for development, construction, or land use activities will require
a re-evaluation and modification of this permit.
3. The amount of impervious surface areas shall not exceed 30% of the lot area within 75' of the
normal high water contour/normal water contour,which defines the Coastal Shoreline AEC at this
location.
4. Prior to initiating land-disturbing activities, adequate sedimentation/erosion control measures must
be employed to prevent the movement of unconsolidated materials into the marsh or water. This
measure must remain in place until such time as the area is properly stabilized with vegetated cover.
Silt fencing shall be installed along the delineated wetland line and crossing area and inspected by a
DCM field representative prior to initiating any grading or filling activities.
5. The disturbed areas will be properly graded and provided a ground cover sufficient to restrain
erosion within thirty(30)working days of project completion.
6. The development authorized under this permit must be accomplished a minimum of 30' landward of
the normal high water contour/normal water contour, maintaining this as a vegetated buffer area.
7. The area proposed for grading within the 30' buffer from the normal high water contour/normal
water contour must immediately be vegetatively stabilized, and must remain in a vegetated state.
8. A copy of this permit shall be available onsite for regulatory inspection.

Form DCM-MP-1
t iej k 20613
e„a
APPLICATION
(To be completed by all applicants)
c. Street address or secondary road number.
1. APPLICANT 3291 Channel Side Drive
d. Is proposed work within city limits or planning
a. Landowner: jurisdiction? Yes X No
Name James and Kristin Gregory
e. Name of body of water nearest project(e.g.
Address 7005 Sugar Loaf Court river,creek, sound, bay)
City Charlotte State NC un-named tributary of Spring Creek
Zip 28210 Day Phone [phone]
Fax [phone] 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent: a. List all development activities you propose
Name Land Management Group Inc. (e.g.building a home, motel, marina, bulkhead,
pier,And excavation and/or filling activities.
Address P.O. Box 2522 Applicant proposes to construct single-
City Wilmington State NC family home.
Zip 28402 Day Phone [phone] b. Is the proposed activity maintenance of an
Fax [phone] existing project,new work, or both?
New
c. Project name(if any) c. Will the project be for public, private or
commercial use? Private
lots 149& 150 Lockwood Folly subdivision
NOTE: Permitwidfbe issuedin name of d. Give a brief description of purpose, use,
fandowner(s),and/or project name, methods of construction and daily operations of
proposed project. If more space is needed, please
attach additional pages. Purpose is to construct
2. LOCATION OF PROPOSED single family home. Standard construction
PROJECT methods & daily operations.
a. County Brunswick
b. City,town, community or landmark
Vamumtown area
Revised 03/95

Form DCM-MP-1 in. Describe existing wastewater treatment
facilities.
4. LAND AND WATER County approved onsite wastewater
CHARACTERISTICS treatment system
a. Size of entire tract +/- 0.89-acres n. Describe location and type of discharges to
waters of the state. (For example, surface runoff,
b. Size of individual lot(s) N/A Sanitary wastewater, industrial/commercial
effluent,"wash down"and residential discharges.)
c. Approximate elevation of tract above MHW No direct discharges are planned. Stormwater
or NWL est. avg. +5'MHW run-off to naturally flow over vegetated portions of
lot.
d. Soil type(s)and texture(s)of tract
please see enclosed dataforms o. Describe existing drinking water supply source.
County system
e. Vegetation on tract please see enclosed
dataforms
f. Man-made features now on tract 5. ADDITIONAL INFORMATION
None
g. What is the CAMA Land Use Plan land In addition to the completed application form,the
classification of the site?(conwdt the iocat land useptan.) following items must be submitted:
Conservation X_TransitionaI
Developed Community A copy of the deed(with state application only)
Rural _Other or other instrument under which the applicant
(area of Town and Village clusters) claims title to the affected properties. If the
applicant is not claiming to be the owner of said
h. How is the tract zoned by local government? property,then forward a copy of the deed or other
Residential instrument under which the owner claims title,
plus written permission from the owner to carry
I. Is the proposed project consistent with the out the project.
applicable zoning? X Yes No
(Attach zoning compliance certificate,if applicable) X An accurate, dated work plat(including plan
view and cross-sectional drawings)drawn to scale
j. Has a professional archaeological assessment in black ink on an 8'/Z"by 11"white paper. (Refer
been done for the tract?_Yes X No to Coastal Resources Commission Rule 7J.0203
for a detailed description.) Please note that original
k. Is the project located in a National Registered drawings are preferred and only high quality copies
Historic District or does it involve a National will be accepted. Blue-line prints or other larger
Register listed or eligible property? plats are acceptable only if an adequate number of
Yes X_No quality copies are provided by applicant. (Contact
the U.S. Army Corps of Engineers regarding that
1. Are there wetlands on the site? X Yes No agency's use of larger drawings.) A site or
Coastal(marsh) X Other X location map is a part of plat requirements and it
If yes, has a delineation been conducted? Yes must be sufficiently detailed to guide agency
(Attach documentation,if available) personnel unfamiliar with the area to the site.
Include highway o o TITT's
Revised 03/95
MAY 0 7 2003
DIVISION OF
COASTAL MANAGEMENT

Form DCM-MP-1
6. CERTIFICATION AND PERMISSION
landmarks, and the like. TO ENTER ON LAND
*A Stormwater Certification,if one is necessary. I understand that any permit issued in response to
this application will allow only the development
*A list of the names and complete addresses of described in the application. The project will be
the adjacent waterfront (riparian) landowners subject to conditions and restrictions contained in
and signed return receipts as proof that such the permit.
owners have received a copy of the application
and plats by certified mail. Such landowners I certify that to the best of my knowledge,the
must be advised that they have 30 days in which to proposed activity complies with the State of North
submit comments on the proposed project to the Carolina's approved Coastal Management Program
Division of Coastal Management. Upon signing and will be conducted in a manner consistent with
this form,the applicant further certifies that such such program.
notice has been provided.
I certify that I am authorized to grant, and do in
Name Mr. and Mrs. Sam Feola fact,grant permission to representatives of state
Address 3299 Channel Side Drive and federal review agencies to enter on the
Supply,NC 28462 aforementioned lands in connection with evaluating
information related to this permit application and
Name Edward&Liane Kemnitzer follow-up monitoring of the project.
Address 57 Linda Lane W.
Riverhead NY 11901 1 further certify that the information provided in
this application is truthful to the best of my
* A list of previous state or federal permits knowledge. -,,R
issued for work on the project tract. Include permit of '� "�
numbers,permittee, and issuing dates. This is the y
None known. �
Print Name CAU 14A �1 at Y, LAtZ /"-A6W ftF
* A check for $400 made payable to the C"1�-'nm•
Department of Environment, Health, and Natural SignatOd4o
(
Resources (DEHNR) to cover the costs of r A thor z Agent
processing the application.
Please indicate attachments pertaining to your
* A signed AEC hazard notice for projects in proposed project.
oceanfront and inlet areas.
DCM MP-2 Excavation and Fill
* A statement of compliance with the N.C. 4—Information
Environmental Policy Act(N.C.G.S. 113A-1 to DCM MP-3 Upland Development
10) If the project involves the expenditure of DCM MP-4 Structures Information
public funds or use of public lands, attach a � DCM MP-5 Bridges and Culverts
statement documenting compliance with the North DCM MP-6 Marina Development
Carolina Environmental Policy Act.
NOTE:Please sign and date each attachment in
the space provided at the bottom of each
form. 11 )
l�J
Revised 03/95 V
R,1AY 0 7 2003
DIVISION OF
COASTAL MANAGEMENT

Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA
Major Permit, Form DCM-MP-1. Be sure to 1. EXCAVATION
complete all other sections ofthe Joint Application N/A
that relate to this proposed project. a. Amount of material to be excavated froi n below
Describe belowthe purpose of r osed excavation MHW or NWL in cubic yards
P oP
or fill activities. All values to be given in feet. b. Type of material to be excavated
Average Final
Existing Project
Length Width Depth Depth c. Does the area to be excavated inclu coastal
wetlands (marsh), submerged aquatic v getation
Access channel N/A(MI,V )or (SAVs)or other wetlands? Yes No
(NWL)
d. Highground excavation in cubic yar
N/A
Canal
N/A 2• DISPOSAL OF EXCAVATED
Boat MATERIAL
Basin N/A
a. Location of disposal area
N/A
Boat
b. Dimensions of disposal area
N/A
Rock
Groin c. Do you claim title to disposal ar ?
Yes No
N/A If no, attach a letter granting pe scion from
Rock the owner.
Breakwater
Other(Excluding rFlL —N Q t Lb d. Will a disposal area be availa Ae for future
shoreline C u; �enan�? Yes No
stabiliz-
If yes,where?
&Llease see Sheet 4 Ful o gyre.%-5%w
Revised 03/95 MA`f p 7 �003
DIVISION OF
MEN
T
COASTAL M

Form DCM MP-2 water None
(2)Dimensions of fill area
C. Does the disposal area include any coastal (3)Purpose of fill
wetlands(marsh), SAVs or other wet ands?
Yes No b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
f. Does the disposal include any area n the water? X Yes No
Yes No If yes,
(1) Dimensions of fill area
3. SHORELINE STABILI7ATION (2)purpose of fill To create a buildable
homesite. .Please see cover letter for additional �J
a. Type of shoreline stabilization N/A information.
17711-head D Apr a U•Vr
5. GENERAL
b. Length
a. How will excavated or fill material be kept on
c. Average distance waterward of MHJ or NWL site and erosion controlled?
Silt fencing will be installed around fill areas
for temporary stabilization. Disturbed area will be
d. Maximum distance waterward of qHW or seeded sodded, or similarly landscaped for
NWL permanent stabilization.
b. What type of construction equipment will be
e. Shoreline erosion durin recedin 1 months used(for example, dragline,backhoe, or hydraulic
g P g dredge)?
dumptruck, backhoe pile driver, etc-
f. Type of bulkhead or riprap materia c. Will wetlands be crossed in transporting
equipment to project site? _Yes X No
If yes, explain steps that will be taken to lessen
g. Amount of fill in cubic yards to be placed environmental impacts.
below water level
(1)Riprap
(2)Bulkhead backfill
h. Type of fill material 1 eTs
i. Source of fill material Ap lican r Project Name
fi Qa �
4. OTHER FILL ACTMTIES ign$ture
,Eacl,4rdmg Shoreline Stab i s tionl
a. Will fill material*be brought to site? Date
X Yes No
If yes,
(1)Amount of material to be placed in the
Revised 03/95

Form DCM 1VIP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Development Permit may .also require a
Major Permit, For DCM-MP-1. Be sure to Stormwater Certification. Has a site development
complete all other sections of the Joint Application plan been submitted to the Division of
that relate to this proposed project. Environmental Management for review?
X Yes _ No
a. Type and number of buildings, facilities, units If yes, date submitted Stormwater General
or structures proposed Permit application to be submitted for review
one single-family home concurrent with this application.
b. Number of lots or parcels i. Describe proposed method of sewage disposal.
two parcels combined(lots 149& 150) on-site wastewater treatment system
c. Density (give the number of residential units j. Have the facilities described in Item I. above
and the units'per acre) N/A received state or local approval? yes
BCHD permit#95-43501
d. Size of area to be graded, filled or disturbed
including roads, ditches, etc. k. Describe location and type of proposed
6;915 s.f. or 0.16-acre discharged to waters of the state (for example,
surface runoff; sanitary wastewater,.
e. If the proposed project will disturb more than industrial/commercial effluent, "wash down" and
one acre of land, the Division of Land Resources residential discharges). No direct discharges
must receive an erosion and sedimentation control proposed. Stormwater runoff to natrually flow
plan at least 30 days before land disturbing activity over vegetated portions of lot
begins. If applicable, has a sedimentation and
erosion control plan been submitted to the Division 1. Describe proposed drinking water supply source
of Land Resources? Yes X No (e.g. well, community,public system, etc.)
If yes, date submitted community water system
f. List the materials (such as marl, paver stone, m. Will water be impounded?_Yes X No
asphalt,or concrete)to be used for paved surfaces. If yes, how many acres?
marl,paver stone, concrete and/or asphalt for
drive and garage area underneath house n. If the project is an oceanfront development,
when was the lot(s)platted and recorded? N/A
g. Give the percentage of the tract within 75 feet 'SD ��U4D r `�
of MHW or NWL,or within 575 feet in the case of D
an Outstanding Resource Water,to be covered by )plicuaLor Project Name
7t"- surfaces,
L.
impervious and/or built-ul,on su��aces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. re
I ;A3
h. Projects that require a Major gate
0
Revised 03195
io. '

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NOTE: The 404 line
,Y 1 30 �0 V9 \ice' GO'1 Shown Hereon Is As Per
•n..c.e. I \ �� Q ��\ I••"'+•;7 Location By Land Management
I 41.>• \ Croup. Inc.. Paul Farley
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_gym LINE I SEARING I DISTANCE
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(ti �, •I 1 ;•% / ILe IS Z6"2.3' I 3133'
NOT'.. B.OIS SF._` / L] 1 S:6'<2"3'r I
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/[ i \- 53.53'
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4an, CrPT'IFFC ATION FOR UC •lovy ORP9 OF T'N INcc%
m�v O
_� •w•Ia�.. �\?a This certifies that this copy of this plat accurately depicts
�w•bm O the boundary of the jurisdiction of Section L04 of the Clean
Water Act under present law and regulations as determined
by the undersigned on this date. Unless there is a change in
the law or our published regulations, this determination of
Section 404 jurisdiction may be relied upon for a period not to
\ NOTE aM R 4-10-00 T.sm.cnens.d Poduen / exceed five (5) years from this date. This determination was
or DrhY.Arta Of AIL Lk / made utilizing the 1987 Army Corps of Engineers Wetlands
\ \ /rem Na N. Delineation Manual.
\ Nam R'��0-a-00 ie SnU /
a.•ICN1a \ \\ TS'Faa X18A Yates na. LH.X./
Fx:lxras U. S. Army Corps of Engineers Reoresentative Date
Boney Land Surveyors, Inc. PRELi_IfINARY SITE PLAN
-FO
4922 E. oak Island Dr. Seaport SR-
ervices
Oak island, NC 28465 Mr. & hirs. James Gre?ory
910-278-9415 Channel Side Drive o' 10' 20' 40' so' 8C' too'
o' -az'_'° _ —LOCKWOOD FOLLY— I I
e ml.a Yr J.B. 1"=20' Lockwood Folly Township B A R S C A L E 1• 20'
Brunswick Co.. N.C.

U.S. ARMS' CORPS OF ENGINEERS
WILMINGTON DISTRICT ( S 5�z�
Action Id. obi 00q 6003 3 County brLtmsw
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATI®N
Property owner
Address 7 005 L b our
Telephone No. ( 7611) S A a` Oa an
Size and Location of project(water body, road name/number, town, etc.) Ss4-e— !S 10 caiejez
3?,91 C. 1e_ Dr-'*ve, (4,As 1 4 156 Lackw"d i�
Near )&.4��WAL
Description of Activity 0. 0 9 6-6 yes O
� L �-
Applicable Law: X_Section 404(Clean Water Act, 33 U.S.C. 1344). RECEIV ED
(check all that apply) Section 10 (River and Harbor Act of 1899). FEB 02 2004
Authorization: Regional General Permit Number. WOFCOp ,ALMANAGEMg
rq
Nationwide Permit Number. RALGH
Your work is authorized by this Regional General(RGP)or Nationwide Permit(NWP)provided it is accomplished
in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone]. For any
activity within.the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal
Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order,a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work. ..
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date ` 2.7_ 0 g
Corps Regulatory Official W Telephone No. o&5-) q 9 30
Expiration Date of Verification "z O ro
SURVE i'PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS,PROJECT PLANS, ETC.,MUST
BE ATTACHED TO THE YELLOW(FILE) COPY OF THIS FORM,IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995

APR-24-2003 13:10 FROM: 704-5221217 TO:910 452 0060 P.002/002
Thursday, April 24, 2003
Ms. Janet Russell
Division of Coastal Management
127 North Cardinal Drive
Wilmington, NC 28402-3845
Dear Ms. Russell.:
Please accept this letter as my authorization for W. Steven Morrison & associates
with,Land Management Group, Inc. of Wihmington, NC to act as my agent in the
submissions of a CAMA Permitting application for property owned by James T.
Gregory and Kristin s. Gregory located in Lockwood Folly Subdivision, Supply,
NC.
Sincerely
! 4
James Ord &Kristin Gregory
vo -Las
� M
GO PSG PL

t
�.s
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: James &Kristin Gregory County: Brunswick
LOCATION OF PROJECT: 3.291 Channel Side Drive, (lots 149 & 150), Lockwood Folly subdivision,
adjacent to Spring Creek, near Varnumtown, in Brunswick County.
DATE APPLICATION RECEIVED COMPLETE BY FIELD: July 23, 2003
FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No
CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes
FIELD REPRESENTATIVE: Brooks DISTRICT OFFICE: Wilmington
DISTRICT MANAGER REVIEW:
B) DATE APPLICATION RECEIVED IN RALEIGH: 9/!0/03 FEE REC'D:$ fOyu°
PUBLIC NOTICE REC'D: ✓ END OF NOTICE DATE: lT11 3
ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D: ✓
APPLICATION ASSIGNED TO: "Sc 64,4PFC-4t- ON: 9 /( o/g 3
C) 75 DAY DEADLINE: L O/6 /,3 150 DAY DEADLINE: 4 2/a v/d3
MAIL OUT DATE: ( toy O-3 STATE DUE DATE: ( D 31 -C)_
FEDERAL DUE DATE: FED COMMENTS REC'D: 'I 2-/5/,3
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON ' l Z-/S—/u3
AGENCY DATE COMMENTS OBJECTIONS: NOTES
RETURNED YES NO
Coastal Management-Regional Representative !d/d 3
Coastal Management-LUP Consistency 4 �i U3 ✓
Division of Community Assistance B o`c,103
Land Quality Section 9/�o��3 ✓
Division of Water Quality 1:� 0311 Ll 1 f'� re 3
Storm Water Management(DWQ) I t al dS i/ �.•j�/
State Property Office t o 171o3 ✓
Division of Archives&History t613(p;
Division of Environmental Health 1012,10 COWIrn On 7 s
Division of Highways c4 (2,A!a 3 ✓
Wildlife Resources Commission 1.01340-3 yyl
Division. of Water Resources l d ✓
Division of Marine Fisheries 17 03
Submerged Lands(DMF)

Permit#
DCM Coordinator: JS
MAILING DISTRIBUTION:J Permitee: AMeS + VJr JSTI rJ
Agent: _ L-APQ ," el f (f-ag-ri y r
DCM Field Offices:
�beth-Eit�+
Morehead City
Wz!;ht rgtet}-
Wilmington
US Army Corps of Engineers (USAGE):
WashilIgIg Mike Bell (NCDOT
Bi CDOT)
eigh Bland
Wilmington:
Henry Wicker
Others:
Cultural Resources: Renee Gledhill-Early
Environmental Health: Beverly Sanders
Marine Fisheries: Mike Street
NCDOT: Roberto Canales
Shellfish Sanitation: Patti Fowler
State Property Office: Joseph Henderson
Water-Quality: John Dorney
T)
Water Resources: John Sutherland
Wildlife Resources:
Bennett Wynne
,David euA
Travis 341sgn (NCI)nT)
FAXING DISTRIBUTION:
Permitee at 22- l 21 7
Agent at k L U 46 2 00&Q
DCM Field Offices:
E�he�ix�.
Morehead City
�x 7.,. .
Wilmington
US Army Corps of Engineers (USAGE):
W aton: Mike Bell (NCDOT)
C
a e OT)
igh Bland
Wilmington:
Henry Wicker
Updated as 2128/03

i 10F W R TF�Q Michael F.Easley,.Govemor
William G.Ross Jr.,Secretary
`Q (� North Carolina Department of Environment and Natural Resources
r Alan W.Klimek,P.E.Director
Division of Water Quality
'C Coleen H.Sullins,Deputy Director
Division of Water Quality
December 1,2003
James_and_Kristen:Gregory
7005 Sugar Loaf Court
Charlotte,NC 28210
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
Lots 149& 150 Lockwood Folly.,S/D
DWQ Project#031141
Brunswick County
Dear Mr. and Mrs. Gregory:
You have our approval, in accordance with the attached conditions(WQC#3400)to conduct the
following activity at your property located on lots 149 and 150 in Lockwood Folly Subdivision,Brunswick
County. This approval allows you to-
1. Fill 0.099 Acres of Section 404 Wetlands for the purpose of constructing a single-family
residence.
This approval is only valid for the purpose and design that you described in your CAMA application and
plans received by the Division of Water Quality(DWQ) on September 9, 2003, and revised application
and plans received on October 24, 2003. After reviewing your revised application and plans,we have
determined that General Water Quality Certification Number 3400 covers this activity. This Certification
allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. Please
keep in mind that there may be additional Federal, State or Local regulations applicable to your project,
such as(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed
regulations,NPDES Stormwater and Coastal Stormwater. In addition,this approval will expire when
the accompanying CAMA Permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your CAMA Major
Permit application received by the Division of Coastal Management on July 23, 2003, and revised on
October 21, 2003.If you change or modify your project,you must notify the Division(DWQ) in .
writing and you may be required to send us a new application for a new certification. If the property
is sold,the new owner must be given a copy of the Certification and approval letter and is thereby
responsible for complying with all conditions. If total wetland fills for this project(now or in the future)
exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). For
this approval to be valid,you must follow the conditions listed in the attached certification and the
additional conditions listed on the following page:
N.C.Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington,NC 28405 [phone] Fax [phone] NCDENR

Mr. and Mrs. Gregory
Page Two
DWQ Project#031141
December 1, 2003
1. No waste,spoil, solids, or fill of any kind and no excavation shall occur in wetlands,waters,or
riparian areas beyond the footprint of the impacts depicted in the revised CAMA Major
application. All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices, shall be performed
so that no violations of state water quality standards, statutes, or rules occur;
2. A culvert must be installed below the drive as depicted on the submitted plans;
3. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications,the applicant is required to return
the attached certificate of completion to this office and a copy to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center,Raleigh,NC, 27699-
1650.
Please notify this Office at the number listed below if any problem arises during the construction of
the project that may affect water quality.
If you do not accept any of the conditions of this certification,you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C.27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the DWQ Permit#031141 under Section 401 of the Clean Water
Act. If you have any questions,please telephone Noelle Lutheran or Rick Shiver at 910-395-3900.
Sincerely,
c�V—
Alan W.Klimek,P.E.,Director
Division of Water Quality
Attachments: GC#3400
Certificate of Completion
cc: Corps of Engineers Wilmington Field Office—Henry Wicker
WiRO-Noelle Lutheran �®
401/Wetland Unit—Cyndi Karoly
CAMA—Ed Brooks DECo 4 'L U U i
CAMA Ra1'egh=Doug uggett
Central`Files�'
,IV OR0���9� �I�I'
ANAG�

a � 1
WQC #3400
CAMA PERMIT CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF
COASTAL MANAGEMENT AND RIPARIAN AREA PROTECTION RULES(BUFFER RULES)
This General Certification is issued in conformity with requirement of Section.401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of
fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification
Number 3025 issued on September 6, 1995,Water Quality Certification Number 3112 issued on
February 11, 1997,Water Quality Certification Number 3274 issued June 1, 2000 and Water
Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the
Corps of Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by
the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with conditions hereinafter set forth.
Conditions of Certification:
1. Activities authorized by CAMA major permits require written concurrence from the
Division of Water Quality as well as compliance with all conditions of this General
Certification;
2. Activities authorized by Coastal Area Management Act(CAMA) Minor or General
Permits do not require written authorization from the Division of Water Quality as long
as they comply with all other conditions of this General Certification;
3. In accordance with North Carolina General Statute Section 143-215.3D(e), any
request for written concurrence for a 401 Water Quality Certification must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted and will be the higher of the two fees. The fee shall be
collected and distributed between the two agencies in accordance with agreements
reached between the Division of Water Quality and the Division of Coastal
Management;
4. In accordance with 15A NCAC 2H .0506 (h)compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands. In addition, buffer mitigation may be required for any project with Buffer
Rules in effect at the time of application for buffer impacts resulting from.activities.
classified as "allowable with mitigation"within the"Table of Uses"section of the
Buffer Rules or require a variance under the Buffer Rules. A determination of buffer,
wetland and stream mitigation requirements shall be made for any Certification for
this Nationwide Permit. The most current design and monitoring protocols from DWQ
shall be followed and written plans submitted for DWQ approval as required in those
protocols.When compensatory mitigation is required for a project,the mitigation
plans must be approved by DWQ in writing before the impacts approved by the
Certification occur.The'mitigation plan must be implemented and/or constructed
before any permanent building or structure on site is occupied. In the case of public
road projects,the mitigation plan must be implemented before the road is opened to
the travelling public;
1

WQC #3400
5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial
but also intermittent stream impacts that require application to DWQ in watersheds
classified as ORW, HQW,Tr,WS-1 and WS-II unless the project is a linear, publicly-
funded transportation project, which has a 150-foot per-stream impact allowance;
6. Impacts to any stream length in the Neuse and Tar-Pamlico River Basins (or any
other major river basins with Riparian Area Protection Rules[Buffer Rules]in effect at
the time of application) requires written concurrence from DWQ in accordance with
15A NCAC 213.0200. New development activities located in the protected 50-foot
wide riparian areas(whether jurisdictional wetlands or not)within the Neuse and Tar-
Pamlico River Basins shall be limited to"uses"identified within and constructed in
accordance with 15A NCAC 2B .0200. All new development shall be located,
designed,constructed,and maintained to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best management
practices.Activities listed as"exempt"from these rules do not need to apply for
written concurrence under this Certification;
7. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored after the Division of Land Resources has
released the project;
8. If an environmental document is required,this Certification is not valid until a Finding
of No Significant Impact(FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
9. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the"North Carolina Sediment and Erosion
Control Planning and Design Manual'or the"North Carolina Surface Mining Manual"
whichever is more appropriate(available from the Division of Land Resources(DLR)
in the DENR Regional or Central Offices)shall be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to assure compliance with
the appropriate turbidity water quality standard;
10. Measures shall be taken to prevent live or fresh concrete from coming into contact
with freshwaters of the state until the concrete has hardened;
11. Additional site-specific conditions may be added to projects which have applied for
CAMA major permits which are proposed under this Certification in order to ensure
compliance with all applicable water quality and effluent standards;
12. When written concurrence is required,the applicant is required to use the most
recent version of the Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed;
13. Concurrence from DWQ that this Certification applies to an individual project shall
expire three years from the date of the cover letter from DWQ or on the same day as
the expiration date of the corresponding General Permit 198000291, whichever is
sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
shall result in revocation of this Certification for the project and may result in criminal and/or civil
penalties.
2

WQC #3400
The Director of the North,Carolina Division of Water Quality may require submission of a
formal application for individual certification for any project in this category of activity that requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek
Director
WQC#3400
3

DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,and any subsequent
modifications,the applicant is required to return this certificate to the 401/Wetlands Unit,North Carolina Division of Water
Quality, 1621 Mail Service Center,Raleigh,NC,27699-1621. This form may be returned to DWQ by the applicant,the
applicant's authorized agent,or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, ,hereby state that,to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent of
the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials.
Signature: Date:
Agent's Certification
I, ,hereby state that,to the best of my abilities,due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent of
the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
I, ,as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe(periodically,weekly, full time)the construction of the project,for the Pemuttee hereby state
that,to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction
was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the
approved plans and specifications, and other supporting materials.
Signature Registration No.
Date
Mail to:401 Wetlands Contact
NC Dept. of Environment and Natural Resources
127 Cardnal Drive Ext.
Wilmington,NC 28405-2004

i rM, e
e � •
® North CarolinaWildlife Resources Commission
Charles R.Fullwood,Executive Director
MEMO TO: Doug Huggett
Division of Coastal Management
FROM: Bennett Wynne Ad
Habitat Conservation Program
DATE: October 28, 2003
SUBJECT: CAMA Dredge &Fill Permit Application for James and Kristin Gregory, 3291
Channel Side Drive, Lockwood Folly S/D, adjacent to Spring Creek, near
Varnumtown, Brunswick County,North Carolina.
The North Carolina Wildlife Resources Commission has reviewed the project for impacts
to wildlife and fishery resources. We regret that time constraints delayed our response. A site
visit was made on October 24,.2003. Our comments are provided in accordance with provisions
of the Fish and Wildlife Coordination Act(48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and
the Coastal Area Management Act(G.S. 113A-100 through 113A-128).
The applicant proposes to.fill 0.1 acre of 404 wetlands to create sufficient high ground to
construct a residence. Some trees occur on these wetlands, but they appear to have been mown
for some time. The site also supports well developed coastal wetlands providing excellent wildlife
habitat and fishery nursery area. Spring Creek at this location is classified SA, designated Primary
Nursery Area(PNA), and open to shellfish harvest.
The proposed wetland loss along with the addition of 3,180 sq. ft. of impervious surfaces
represents an incremental loss of stormwater storage and treatment capacity adjacent to open
shellfishing waters that are also designated PNA. To help offset this impact, we recommend that
the permit be conditioned to require use of a pervious material for driveway and parking area
construction.
Thank you for the opportunity to comment on this project. If you have questions
regarding these comments,please call me at [phone].
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center• Raleigh,NC 27699-1721
Telephone: [phone] ext.281 • Fax: [phone]

At 6�ee Ax 2522
'vdmaiv",✓OWA%ta"a 28402
d.9Y0-452-000Y
f 5&�ldn 41 5de of.
'��t�a/:en✓�foc+iao�c �� 3805 9VUk4fatW&dM"W
J Vdningin,M 28W3
21 October 2003 .. 'OCT"2 7 ?003
Mo.OROWAL
Noel le Lutheran RON
NC Division of Water Quality -
127 North Cardinal Drive
Wilmington,NC 28405 .
RE: . DWQ Project# 031141
Lots 149 & 150 Lockwood Folly S/D (3291 Channel Side Drive)
Dear Noelle:
Please find enclosed revised figures for the above referenced permit application. In an
effort to further minimize impacts to total less than 0.10-acre,the width of the driveway
has been reduced. Request wetland impact now totals 0.099-acre. If you would lice to
discuss this change further,please contact me at your convenience.
'Sincerely,
Laura Stasavich
Environmental Scientist
cc: James and Kristin Gregory
Jeff Schaffer,NC DCM
Enclosures: revised Sheets 4, 5, 6
revised DCM-MP2 pg. 2, and DCM-MP3

°
� Are -WA
- - - -*a
�^��=��x��N����
������m���������
North Carolina Department of Environment and Natural Resources
Division of Marine Fisheries
Michael F. Easley, Governor Preston P. Pate, JC. Director
William G. Ross, j[. Secretary
Memo To: Doug HUg0ett
From: Fritz Rohde
Through: Mike Stree ;��
Subject: CAK8A major pennit. James and Kristin E}[e0o[y' Brunswick County
Date: 10 October 2003
The North Carolina Division of Marine Fisheries has reviewed the subject permit application and
comments are provided under authority ofG. 8. 113-131.
The applicants propose to fill 4,480 ft2 of 404 wetlands in order to construct a house. The wetlands
in question are contiguous with coastal wetlands on the site, thus forming a continuous and functional
wetlands ayo1ern,that contributes directly tO production of fisheries resources under the jurisdiction Of
the North C@nD|iOa Division of Marine Fisheries and the North Carolina K8o[iO8 Fisheries Commission.
Filling for construction of a house is not a water-dependent use of these wetlands. The proposed filling
will neither avoid nor minimize wetlands impacts. No mitigation in proposed.
Based on the above discussion, the Division of Marine Fisheries objects to the project8SpnOpoaod.
We urge, as strongly as we can, that the applicant adopt an,alternative approach: Reconfigure the
proposed structure to fit as much as possible on the high ground portion of the lot, much closer to the
road. Such an approach would greatly reduce the wetlands fill, including the length of the driveway, with
8 benefit tO the applicant by reducing construction costs.
cc: John Dorney, DWQ
`
3441ArendoUSL. p.{l Box 7O9 Morehead City,North Carolina 28557
Phone:[phone]O21 \FAX:252-727'5127\Internet:
An Equal Opportunity\Affirmative,Action Employer—50%Recycled\10%Post Consumer Paper

...�..� /
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
October 6, 2003
James and-Kristin Gregory
7005 Sugar Loaf Court
Charlotte, NC 28210
Dear Mr. and Mrs. Gregory:
This letter is. with reference to your application for a Coastal Area Management Act
Major Development permit to fill Section 404 wetlands to construct an access drive and a
building pad for a single family residence 3291 Channel Side Drive (Lots 149 and 150),
Lockwood Folly Subdivision, near Varnumtown in Brunsiwck County, NC. Although
processing of the application is nearing completion, additional time is needed for this office to
complete the review and make a decision on your request. Therefore, it is necessary that the
standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c)
which would make December 20, 2003 the new deadline for reaching a decision on your
request. However, we expect to take action prior to that time and will do so as soon as possible.
In the interim, if you have any question on. the status of your application, do not hesitate to
contact this office.
Very sincerely,
eff Schaffer
Asst. Major Permits/Consistency Coordinator
cc: Ed Brooks—DCM,Wilmington
DCM, Morehead City
Laura Stasavich,Land Management Group, Inc., PO Box 2522, Wilmington, NC 28402
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: http://www.nccoastalmanagement.not
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

-.--. September 29, 2003
MEMORANDUM
TO: Doug Huggett
FROM: Lees Sabo
Shellfish Sanitation and Recreational Water Quality Section
SUBJECT: CAMA Major Permit Review—James and Kristin Gregory
Cumulative impacts from the proposed project would likely cause deterioration of water
quality in adjacent waters open to the harvest of shellfish. Lockwoods Folly River has a
history of high production of shellfish, and has been heavily impacted by previous
upland development and wetlands destruction. This area is already subject to frequent
temporary closures due to elevated fecal coliform levels after heavy rainfall events, and
the filling of additional wetlands may add to this load, possibly leading to a permanent
closure. Additionally, the proposed project would expand the area of impervious
surfaces created during the subsequent construction of the owner's home, altering
natural drainage pattermns and further increasing storm water runoff that could
jeopardize the open status of adjacent waters.

A�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F,Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
September 12,2003
MEMORANDUM RECEIVE
TO: Mr. John Sutherland, Chief
Water Planning Section OCT 2 9.2003
Division of Water Resources +�pp���A �®��p�
Je,l•�� �fel�Elms9 f
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: JAMES AND KRISTIN GREGORY
PROJECT LOCATION: 3291 CHANNEL SIDE DRIVE (LOTS 149 & 150), LOCKWOOD
FOLLY SUBDIVISION, ADJACENT TO SPRING CREEK, NEAR
VARNUMTOWN, BRUNSWICK COUNTY.
PROPOSED PROJECT: FILL 4,480 SQUARE FEET OF "404 TYPE" WETLANDS TO
ESTABLISH ACCESS TO AND A BUILDING PAD FOR A SINGLE-
FAMILY RESIDENCE.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 3, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at [phone], ext. 245. When appropriate, in-depth comments with supporting data is
requested.
REPLY
This agency has no objection to the project as proposed.
,30 This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE Q�
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
September 9, 2003
MEMORANDUM
TO: Ms. Melba Laney
for: Mr. William A. McNeil, Director
Division of Community Assistance OCT ® 2003
A.OFCOQSTQv ,nma rUE
FROM: Doug Huggett L'Ei �p
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: James&LKristiri=Gregory
Project Location: 3291 Channel Side Drive,(lots 149& 150),Lockwood Folly subdivision,adjacent to Spring
Creek, near Varnumtown, in Brunswick County.
Proposed Project: To fill 4,480 square feet of "404 type" wetlands to establish access to and a building pad
for a single-family residence.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
October 1, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext.
247. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are incorporated.
See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

,J
n Air,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
September 12,2003
MEMORANDUMt ,`�
TO: Mr. Joseph H. Henderson,Director
State Property Office OCT 0 7 2003
Department of Administration
HIV.OF C®ASTP LMANACEMEN a
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: JES_A ND`KRISTIN"GREGORY
am.
PROJECT LOCATION: 3291 CHANNEL SIDE DRIVE (LOTS 149 & 150), LOCKWOOD
FOLLY SUBDIVISION, ADJACENT TO SPRING CREEK, NEAR
VARNUMTOWN, BRUNSWICK COUNTY.
PROPOSED PROJECT: FILL 4,480 SQUARE FEET OF "404 TYPE" WETLANDS TO
ESTABLISH ACCESS TO AND A BUILDING PAD FOR A SINGLE-
FAMILY RESIDENCE.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 3, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at [phone], ext. 245. When appropriate, in-depth comments with supporting data is
requested.
REPLY
-This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the oject for reasons described in the attached comments.
SIGNED ATE O
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
September 12,2003
RECEIVED
MEMORANDUM
SEP,2 4`2003
TO: Mr. Roberto Canales
State Construction/Materials Branch aw.0M�� M EM
Division of Highways
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: JAMES AND KRISTIN GREGORY
PROJECT LOCATION: 3291 CHANNEL SIDE DRIVE (LOTS 149 & 150), LOCKWOOD
FOLLY .SUBDIVISION, ADJACENT TO SPRING CREEK, NEAR
VARNUMTOWN, BRUNSWICK COUNTY.
PROPOSED PROJECT: FILL 4,480 SQUARE FEET OF "404 TYPE" WETLANDS TO
ESTABLISH ACCESS TO AND A BUILDING PAD FOR A SINGLE-
FAMILY RESIDENCE.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 3, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at [phone], ext. 245. When appropriate, in-depth comments with supporting data is
requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE 9I /010� 3
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

AF
lI
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
September 12,2003 r_VQ 3 — 2512
MEMORANDUM ®
TO: Ms.Renee Gledhill-Early,Directo SEp 15 2003
Division of Cultural Resources �W 1__
Archives &History Building 'I lM
1I1S7CRC S�Ik730�d OFFICE
FROM: Doug Huggett 3
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: JAMES AND KRISTIN GREGORY
PROJECT LOCATION: 3291 CHANNEL SIDE DRIVE (LOTS 149 & 150), LOCKWOOD
FOLLY SUBDIVISION, ADJACENT TO SPRING CREEK, NEAR
VARNUMTOWN, BRUNSWICK COUNTY.
PROPOSED PROJECT: FILL 4,480 SQUARE FEET OF "404 TYPE" WETLANDS TO
ESTABLISH ACCESS TO AND A BUILDING PAD FOR A SINGLE-
FAMILY RESIDENCE.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 3, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at [phone], ext. 245. When appropriate, in-depth comments with supporting data is
requested.
REPLY
This agency has no objection to the project as proposed. OCT 0.3 2003
This agency has no comment on the proposed project.
3IV OF COASTALMANAOEMBr�
-t— RALUi
This agency approves of the project,only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNED — DATE G�
1638 Mail Service Center, Ziagh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: http://dcm2.enr.stat� r � �
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Pape 171,

Y'
A7iLA RE00EIVED
NCDENR 2 2003
North Carolina Div srion of Coastal Managementtment of Environment and a'Resources a' ®FCO E� Ni�6 Aftr
Michael F.Easley,Governor Donna D. Moffitt, Director William G,Ross Jr.,Secretary
September 12,2003
MEMORANDUM
TO: Mike Kelly,Acting Director SEP 2 2 2003
Division of Environmental Health j
i.FISM SANITA-110%
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW.
APPLICANT: JAMES'AND KRISTIN GREGORY
PROJECT LOCATION: 3291 CHANNEL SIDE DRIVE (LOTS 149 & 150), LOCKWOOD
FOLLY SUBDIVISION, ADJACENT TO SPRING CREEK, NEAR
VARNUMTOWN, BRUNSWICK COUNTY.
PROPOSED PROJECT: FILL 4,480 SQUARE FEET OF "404 TYPE" WETLANDS TO
ESTABLISH ACCESS TO AND A BUILDING PAD FOR A SINGLE-
FAMILY RESIDENCE.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 3, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at [phone], ext. 245. When appropriate, in-depth comments with supporting data is
requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNEEL lMtil� DATE
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

S
PIPFA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
September 9, 2003
RECEIVED
MEMORANDUM
SEP 10 2003
TO: Mr. Charles F. Stehman, P.G., Ph.D. ON-OFCOAVALMAVAGEMEM
Division of Water Quality/Groundwater Section RAINGH
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: James & Kristin Gregory
Project Location: 3291 Channel Side Drive,(lots.149& 150),Lockwood Folly subdivision,adjacent to Spring
Creek, near Varnumtown, in Brunswick County.
Proposed Project: To fill 4,480 square feet of "404 type" wetlands to establish access to and a building pad
for a single-family residence.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
October 1, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext.
247. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are incorporated.
See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE D D
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

r.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
September 9, 2003
MEMORANDUM 1'iE�6 ���® .
TO: Dan Sams
for: Mr. James Simons, Director CEP o �d03
Division of Land Quality t)%Vo0FC0AffALMANAGEM -
RA
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: James & Kristin Gregory
Project Location: 3291 Channel Side Drive,(lots 149& 150),Lockwood Folly subdivision,adjacent to Spring
Creek, near Varnumtown, in Brunswick County.
Proposed Project: To fill 4,480 square feet of "404 type" wetlands to establish access to and a building pad
for a single-family residence.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
October 1, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext.
247. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are incorporated.
See attached.
Erosion and Sediment Control Plan application and approval is required for this project.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE SEPT
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

�w
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
September 12,2003
MEMORANDUM
DECEIVED
TO: Bennett Wynne OCT 3 0 2003
Wildlife Resources Commission AV.OFCOA ALIIAiiIAGEMEN,,
ATTN: Habitat Conservation Program RALOGN
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: JAMES AND KRISTIN GREGORY
PROJECT LOCATION: 3291 CHANNEL SIDE DRIVE (LOTS 149 & 150), LOCKWOOD
FOLLY SUBDIVISION, ADJACENT TO SPRING CREEK, NEAR
VARNUMTOWN,BRUNSWICK COUNTY.
PROPOSED PROJECT: FILL 4,480 SQUARE FEET OF "404 TYPE" WETLANDS TO
ESTABLISH ACCESS TO AND A BUILDING PAD FOR A SINGLE-
FAMILY RESIDENCE.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 3, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at [phone], ext. 245. When appropriate, in-depth comments with supporting data is
requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
v/This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
i
SIGNED DATE
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

' r�
COW
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. 1=asley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
Septernbet 9, 2003
MEMORANDUM
t_
TO: Fritz RohdeIx
Mr. Preston P. Pate, Jr., Director
Division of Marine Fisheries ` '„f'
Y
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/I)REDGE & PILL permit Application Review
Applicant: James & Kristin Gregory
Project Location: 3291 Channel Side Drive, (lots 149& 150),Lockwood Folly subdivision,adjacent to Spring
Creek, near Varnumtown, in Brunswick County.
Proposed Project. To fill 4,480 square feet of "404 type" wetlands to establish access to and a building pad
for a single-family residence.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
October 1; 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext.
247. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
-odThis 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,
SIGNEDDATE
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]MFaX: 910-350-2004 1 Internet: http://dcm2.enr.state.ne.us
An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110% Post Consumer Paper
b0 'd 6Z:OT 20, 9 AoN ZZTSZZZZSZ:xpd S­ld]ddd/SQNd­lHf1S Awc

--�,.-
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
September 9, 2003
MEMORANDUM
TO: Fritz Rohde I
Mr. Preston P. Pate, Jr., Director
Division of Marine Fisheries
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: James & Kristin Gregory
Project Location: 3291 Channel Side Drive,(lots 149& 150),Lockwood Folly subdivision,adjacent to Spring
Creek, near Varnumtown, in Brunswick County.
Proposed Project: To fill 4,480 square feet of "404 type" wetlands to establish access to and a building pad
for a single-family residence.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
October 1, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext.
247. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
_Vdc�This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are incorporated.
See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

i-....yam
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
September 9, 2003
MEMORANDUM
TO: Mr. James Rosich, Community Planner
DCM/WiRO
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: James & Kristin Gregory
Project Location: 3291 Channel Side Drive,(lots 149& 150),Lockwood Folly subdivision,adjacent to Spring
Creels, near Varnumtown, in Brunswick County.
Proposed Project: To fill 4,480 square feet of "404 type" wetlands to establish access to and a building pad
for a single-family residence.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
October 1, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext.
247. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are incorporated.
See attached.
This agency objects to the project for reasons described in the attached comments.
- . b
SIGNED a DATE ZOO
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

MEMORANDUM RECSE®
TO: Doug Huggett 1
Major Permits Processing Coordinator SEP
FROM: James E. Rosich,AICP 0Wo®VC0 GEM
Wilmington District Planner fiNLOGH
SUBJECT: CAMA Major Permit Application-James&Kristin Gfegory�
Brunswick County - - -
DATE: September 9, 2003
The applicants propose to fill 4,480 square feet(0.11 acres)of 404-type wetlands. Filling wetlands is
necessary to provide driveway access to the lots. The project site is located at 3291 Channel Side Drive-
Lots 149 and 150 of Lockwood Folly subdivision. According to the Field Investigation Report, the
Estuarine Shorelines Area of Environmental Concern(AEC)will be impacted. Waters at the site are
classified SA, open to shellfishing and designated Primary Nursery Area(PNA).
The development proposal has been reviewed for consistency with the Brunswick County Land Use Plan
1997 Update. This project is consistent with the LUP provided all local, state and federal regulations are
met.
The land classifications are Conservation(AECs)and Transition-Areas of Town and Village Clusters
(uplands). The purpose of the Conservation land classification is to provide for the effective long-term
management and protection of significant,limited or irreplaceable areas. The Transition-Areas of Town
and Village Clusters applies to areas of the unincorporated county where water and sewer are either in
place or planned. The following LUP policies are applicable:
Policy 8.1.2.0-Areas of Environmental Concern: Brunswick County will support and enforce, through
its local CAMA permitting capacity, the State policies and permitted uses in the Areas of Environmental
Concern(AECs). Such uses shall be in accord with the general use standards for coastal wetlands,
estuarine waters,public trust areas and ocean hazard areas as stated in 15A NCAC Subchapter 7H.
Policy 8.1.2(d)-Estuarine Shorelines: Brunswick County supports the protection and preservation of its
estuarine shorelines, as enforced through the application of CAMA use standards.
Policy 8.1.4(a)-Freshwater Swamps,Marshes,Pocosins, and 404 Wetlands: Brunswick County will
continue to support the efforts of the CAMA program and the U.S.Army Corps of Engineers 404
permitting program to preserve and protect sensitive freshwater swamp and marsh areas.
cc: Charles Jones,DCM
Ed Brooks,DCM
Leslie Bell,Brunswick County
File

�F WATF9 Michael F. Easley, Governor
Q William G. Ross Jr. Secretary
North Carolina Department of Environment and Natural resources
co
Alan W. Klimek, P.E.,Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 2.2, 2003 ~� �� C ��� V
JJ
Mr. and Mrs. James Gregory11 !, �l�i� . .
3864 Topside Drive ,') �U f
Southport, NC 28461
>j y_ •.
Subject: EXEMPTION "-� i`'r' ;' ' °--;-
act.; �(,
Stormwater Project No. SW8 900225
Lots 149 & 150
Lockwood Folly Subdivision
Brunswick County
Dear Mr. and Mrs. Gregory:
On June 16, 2003, the Wilmington Regional Office received additional
information regarding the CAMA Major Permit Application for a single family residence
to be constructed on Lots 149 and 150 in Lockwood Folly Subdivision. Both of these lots
are outside of the 575' AEC, therefore, the maximum amount of built-upon area per lot
is 5,200 ft 2. The plans submitted indicate that the proposed built-upon area is 5,976 ft2,
which is less than 10,400 ft2. Staff review of the plans and specifications has
determined that the development activities proposed at this time will not require a
separate stormwater management permit.
If the subject project will disturb one acre or more and has a point source
discharge of stormwater runoff, then it is also subject to the National Pollutant
Discharge Elimination System (NPDES) stormwater discharge requirements. You are
required to have an NPDES permit for stormwater discharges from projects meeting
these criteria. The stormwater rules require the Division to permit the common plan of
development, therefore, any future development on the property, regardless of whether
a CAMA Major permit is also required, will require a modification to the Stormwater
Management Permit from the Division of Water Quality prior to any construction.
If you have any questions or need additional information concerning this matter
please contact Ms. Linda Lewis at [phone].
Sincerely,
�l-Z. Rick Shiver
N Water Quality Regional Supervisor
RSS/arl: S:\WQS\STORMWAT\EXEMPT\900225.ju103
cc: Caroline Bellis, .DCM
Delaney Aycock, Brunswick County Inspections
Doug Huggett, DCM
Linda Lewis
Wilmington Regional Office
,Central Files
N.C.Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service di-
Wilmington Regional Office Wilmington,NC 28405 [phone] Fax [phone] RC.Df"'

JUL 2 3 2003 At ClAw A2s22
'Wdmaytm,✓YA 28402
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17 July 2003
Caroline Bellis
NC Division of Coastal Management
127 North Cardinal Drive
Wilmington,NC 28405
RE: CAMA Major Permit application
Lots 149& 150 Lockwood Folly S/D (3291 Channel Side Drive)
Dear Caroline:
I am providing the additional information requested in Janet Russell's 5/19/2003 letter
regarding the above-referenced permit application. The following items correspond to
the items listed in Janet's letter.
1. The vicinity map has been revised to include a subdivision map,revised Sheet 1
enclosed.
2. The landward extent of coastal marsh has been included on the site plans(Sheets 4, 5,
and 6 enclosed). A note indicating the waterward limit of coastal marsh extends off the
property limits has also been included on these revised figures.
3. Only upland development is requested in this permit application. A note indicating
the associated waterbody exists outside the property limits has been added to revised
Sheets 4, 5, and 6.
4. Labels identifying the adjacent riparian property owners have been added to revised
Sheets 4, 5, and 6.
5. A copy of the US Army Corps of Engineer's approval of the federal wetland limits is
enclosed.
6. Proof of adjacent landowner notifications is enclosed.
7. The requested homesite utilizes an area of upland along the southern lot line so that
only half of the homesite requires wetland fill. There is no upland area on the property

large enough for the minimum house size, per subdivision covenants. Although shifting
the homesite north to shorten the driveway was considered, it was not preferred as it
would have required removing most of the Live oaks on the property.
8. No fill is proposed within coastal marsh. The landward coastal marsh limit shown on
the revised plans is that approved by you and Janet on 6/4/2003.
9. I have re-checked the Major Development Permit Application Checklist and feel all
the required information has now been submitted to DCM.
Please feel free to contact me at your convenience if you have any questions regarding
this information.
Sincerely,
Laura Stasavich
Environmental Scientist
cc: James and Kristin Gregory
Enclosures: revised application sheets, 1, 4, 5, 6
ACOE approval of wetland limits
proof of adjacent landowner notifications

ArT,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
May 19, 2003
Ms. Laura Stasavich
LAND MANAGEMENT GROUP
p. o. Box 2522
Wilmington,NC 28402
RE: Gregory Application
Dear Laura:
On May 7, 2003, we received the Gregory's CAMA Major Permit Application for authorization to build a single
family house and fill wetlands at lots 149 and 150 Lockwood Folly subdivision in Brunswick County. However,
your application lacks information necessary for complete processing. The attached checklist indicates the
deficiencies of your application. If you respond within three working days from the date of this fax with the required
additional information,processing of your application will promptly continue and will not be placed on hold. If
you are not able to respond within three days, your application will not be accepted as complete for processing.
Additional information may be required pending further review by the fifteen review agencies.
If you have questions,please feel free to call me at the Wilmington Regional Office, 910 395-3900.
Sincerely,
drat
Janet M. Russell
Coastal Management
Attachment
cc: Jim Gregson, DCM
Doug Huggett,DCM
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

Devefoamen,Type FEE DCM A DWQ
f1<3001bD1<351D00931E256253) f2<3001602435100D95.2341)
1. Private,nai-commercial
development that does not involve
the filling or excavation of any S250 100%(S250) 0%(SO)
wetlands or open water areas:
11. Public or commercal development
that does not involve the filling or
excavation of any wetlands or open 5400 100%(S400)
0%(SO)
water areas:
IlL For development that involves the
filfing and/or excavation of up to 1
acre of wetlands and/or openwater -
areas,determine U.B,C.or D
belowapplles
- 4 3' Y J 7. ,� f .R 'Jd•
Itl(A�ForPrivate,-non-commensal, �•' 4 a "" -
developmerrL if General water
Certititafion No-2iDi(see attached)
S?SO 100%
- can be applied: -
tll(Bk Forpub6.,or Quaf ,
F
deYCIOPnleflt,if General Water (ty _ h } -- `� ,r t ti s i•�
- -
Ceriifimlion No33D1(see attached) _ lOD°v6(540D) ,
coil beapplied: D%($D)
M
n(C} ff General11Yatei Quardy'
Certification No.MD1{see attartied) -
-uld be applied,but DCM -
determined thafadddrosral ievietiv and
5400 �A
wrifterr DWQ tonanrence es heeded
�L
- -
be�ause of canaemsrelated 1owater s
quarrtyoraquattrfie - = y
r
IIl(D}If Geneal Wafer r �wt .
33D7 sewer - , a r l ?z
No-
can noa NLbeaPAtied ( attadred) sD°..(szao) y
iV rordevelo,�rrrrstittaSmvofves
a ttie tilfingandlor CLCdYd6Dn.'Of r110(E �- ` -- .. '< - �^' s- Fi 1•� z. "'+ `�•,-'M"•�' >�•-f.4 b�'rr
lhariDtreacreofwet}andsand/oc �� $4 i fiD° ♦5229) z vc� t� — e c r
Open waterarea� .
nn a
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+ YC 2•-� 'r �'�+v C� ,�f'=' �`�'h.2i ,`r"s~•���* sue*' '
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7 - y �.. ri{.;,-.',aT �, ; t y „�s..r.,,�+ fd • '..gyp q3'pu):.
f1..
r �. t

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
September 9, 2003
FAX: [phone] RECEIVED
2 Pages
SEP 10 2003
State Port Pilot �6�o �A�TAL6��NAG��+
Legal Advertisement Section
Post Office Box 10548 ` HAL
IGH
Southport, North Carolina 28461
Re: Public Notice - James & Kristin Gregory
Dear Sir:
Please publish the attached Notice in the Wednesday, September 10, 2003, issue.
The State Office of Budget and Management requires an original Affidavit of Publication prior to payment
for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original
invoice to Chris Pope, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina
27699-1638.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
Sincerely,
Linda Painter
Coastal Management Secretary
Enclosure
cc: Doug Huggett
Jaye Poole
File Copy
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

ALT,
��
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
September 8, 2003
James and Kristin Gregory
3864 Topside Drive
Southport, NC 28461
Dear Mr. & Mrs. Gregory:
The Division of Coastal Management hereby acknowledges receipt of your application for State approval for
development of your property, located at 3291 Channel Side Dr. (Lots 149 & 150), Lockwood Folly subdivision,
adjacent to Spring Creek, near Varnumtown, in Brunswick County. It was received as complete on 7/23/03, and
appears to be adequate for processing at this time. The projected deadline for making a decision is 10/6/03. 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 from7/23/03,you may request a meeting with the
Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting
will be held within five working days from the receipt of your written request and shall include the property owner,
developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of
your proposed development. You should post this notice at a conspicuous point along your property where it can be
observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the
road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one
into your property. Failure to post this notice could result in an incomplete application.
A field report has been prepared and is in the process of being circulated to the various state and federal review
agencies for their comments. If additional information is required based on this review, the agencies may contact you
directly.
Sincerel
cc: Doug Huggett, DCM E. F. Brooks
Jim Gregson, DCM Field Representative
Connie Marlow, LPO
Henry Wicker, COE
Laura Stasavich, Agent
127 Cardinal Drive Extension,Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

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■_;Attach this card-to'the.back ofthemailpiece, I
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11. ArtIcleAddressedtot >S: 1
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RPR-02-2003 15:53 FROM: 704-5221217 TO:910 452 0060 P.002/010
� e I
l; ........... . . _.._._........ I
f Blamswick Colmty--Register of Deeds
Robert J. Robinson
Ittst #137749 Book 167OPage 201
12/09/2002 12:21:101xn Rec# R?q 3�
I
ktit w aar ovi,oa,,,
TOTAL AEV TCN_j,
XED CK AMT_CD
^The Deed of Trust ttarzted hereon is CASH-REF-BY a
CANCELM OF RECORD
r— ptepared By:Deniso D.Godwurd
.. �J% .
���e�On Agcount NumboR 374PODQI0454698 iRo ofofUeeds/FJrilnswick I,, To
thS-11 Bonk.NIA.
• P.O.Box 50010
c l �ctte . Satistaeti n Roanoke,Virginin 24022.9922
VIRGINIA
,
ROANOKE COUNTY
I, Denise D. Godward,Assistant Vice President representing WACHOVIA BANK,N.A.,certify that WACHOVIA BANK,N, i
A,is the owner of the indebtedness secured by the hereinafter described deed of trust or mortgage and that the debt or other
obligation in the amount of$75,000.00 secured by the Deed of Trust or Mortgage
executed by JAMES T GRFGORY AND KRISTIN S GREGORY
to NEW SAL'EM,INC
trustee(s)for WACROVIA BANK,N. A.
and recorded in the office of the Register of Deeds of BRUNSWICK County, in Book 1$62,Page 744 was satisfied on 20th day
of November,2.002.
I request that this certificate of satisfaction be recorded and the above-referenced security instrument be canceled of record.
VIRGRUA
_. :IZOAiVOK -COUiVTY--'-
I
Denise D. . dward, Assistant Vice President
I, Ann Harmon, a Notary Public in Roanoke County,$tote of Virginia do bereby certify that Denise D.Gadward,Assistant
Vlpe President of WACHOVIA BANK,N.A.,a Corporation,personally came before me this day and acknowledged the due
execution of the foregoing instrument for the purposes stated therein on behalf of the Corporation.
i
'1Vltness my hand and notarial seal this 27th day of Noverber, 2002. 1111A11Igt„_
I
Ann Harmon,Notary Public A '
My Commission Expirest A11 st 3y2004 A
^y„r,r..r.wy..rr..r y.y,.,/.✓`✓.✓ y1�� �tot',$
OFFICIAL
SEAL
` SEA L ��/hp1111111a1� 41,=,
NOTAfffPUSUq•C011dOWAITHOFAOWUi
ANN HARMON
ROANOKE COUNTY i
My Commission Gxpiros
Aug4st 31,2004
STATE OF NORTH CAROILINA
COUNTY OF J3RUNSWICK ANN HARMON �6 ©°�
The Foregoing(or annexed)Certificate(S)Of r `�®
v, . 0
Notarydes)Public is(are)Certified to be Correct. 9th December \e
This Instrument was filed far Registration on this Day of
in the Book and page shown on the First Page hereof. I
RO E\ J.Rd Iccc
N,Register of cods ,w)
i

APR-02-2003 15:53 FROM: 704-5221217 TO:910 452 0060 P.003/010
-jr,,t1397A9 >3ook202
Preparpd.By: Denise D:Godward
Accouilt Number:3.20000010454698
Mail
Wachovia Bank,N.A.
P.O.Box 50010
Roanoke,VA 24022
Affidavit of Lost Note.
Denise D. Godward, Assistant Vice President representing WACHOVIA BANK,N. A,,personally appeared before me in
Roanoke County,State of Virginia, and having been duty sworn(or affirmed)made die following affidavit:
1.The affiant is the owner of the note or other indebtedness secured by the deed of trust,mortgage,or other
instrument
executed by JAMES T GREGORY An MUSTIN S GREGORY
to NEW SA
Y{ M,INC sruptec(s)for WACHOVU BANK,N.A.
—Q21-R44*rded hi lib olifce-a the Register—o-f—Deeds of 11RUNSWICK County,In Book 1562, Page 744 in toe
amount of$75,000.00 was satisfied on 20th day of November,2002.
2.The note or other indebtedness has been lost and after the exercise of due diligence cannot be located.
3.The afflant certifies that all indebtedness secured by the deed of trust,mortgage,or other Instrument has been
satisfied on the 20th day of November,1002 and the afflant Is responsible for cancellation of same.
VIA BA.
V.Godward,Assistant Vice President
Sworn to and subscribed before me this 27th day of November,2002.
Ann Harmon,Not*yPiblic'
OFFICIAL SEAL
My Commission 4.xpjre;: '
110TUWGZOMMOpZM.TH OF VMG[NIA
Amt.,., ARV pU
ANN HARMON
FIOANOKE COUNTY
• My Comailsslon F-UPIMS
August 31 2004
TO
0
O\A NC
60N

APR-02-2003 15:53 FROM: 704-5221217 TO:910 452 0060 P.004/010
COMD
ftunwS C* Qpt]11t]/—R1 15 Z of Deeds
Robert J. Robinson
Inst #106640 Book 1562Page 744 i
PAID AND SATISFIED IN FULL 03/12/2002 03:52:07gt1 R!ecS 1011 Z-1
!
htACHOVIA BANK, N,A.
�.p V4D. GODWARD
Nit
f��l BY, n
�!G I 4ET x'
P
m TOTALS-- REVS-.—pp��TC#
�G This Document was prepared by: REC# rCK 4N444 CKtj�e�.
1p Michael T. Cox . ,�� BY
CASH REF
peed of TruFt
Resldplitinl/Non Construction
N
THIS DEED OF TRUST(this"peed Of'Crust"),is made and entered into a4 of rchLQfi 2002 by and among
Jampa T Gregory and Krlatln RGregory(collectively,whether one or more,referred to herein as"Grantor")
with a mailing address of 'E 0 DoX 11548 Charlotte J rtb Carolina 28220,NEW SALEM,INC., a North
Carolina corporation, as Trustee ("Trustee"), and WACHOVIA BANK;N.A. with a mailing address'of J 0
Nor[ pQain Street Winston-Salem IBC 27150 Attention: ("Beneficiary"),
1. DESCRIPTION OF COLLATIZ,44 AND OBLIGATIONS SECURED I
1.01. Dacrlprion of Collateral. For and in consideration of the sum of$10.00 and other valuable
consideration, the receipt and anffieiency whereof are hereby acknowledged, and in order to secure the I
indebtedness find other obligations of'Grantor hereinafter sat forth, Grantor does hereby grant, bargain, sell,
conygY,ayej n and transfer unto Truateo all of the following described land,interests in land,and other property
(items"(a)" tluough "(d)" are collecbvelv_referred-moo herein„as-the 'Collatetl':).'_(tt)_:all.thnaQ certain;he ^gr
—y'piieccls at'laiid lying and being jn) �i County,North Carolina slid more particularl-y described on)xhibit
A attached hereto and incorporated herein by reference (the "Land"); (b) all buildings, structirrag and
improvements of every nattirc• whatsoever now or hereafter situated on the Land, and all fixtures now or
hereafter affixed thereto(the"Improvements")together with all existing and future tents,issues,profits,royalties
and revenues from the Land or the Improvements including,without limitation,all utility and ocher deposits and
escrow funds; (a) all easements, rights-of--way, and rights in any way belonging, relating, appertaining or
providing access to the Laud or the Improvements or any part thereof and all tenements,hereditametits slid ,
appurtenances thereof and thereto; and (d) ANY OTHER PERSONAL PROPERTY COLLATERAL
DESCRIBED IN ANY SCHEDULE OF ADDI,TIONA.T,PERSONAL PROPERTY COLLATERAL ATTACHED
HERETO,together with all proceeds from the sale,condemnation,casualty to or other disposition of any of the
Collateral described in this Section 1.01,including without limitation,insurance proceeds,
TO HAVE AND TO HOLD the Collateral unto Trustee,its successors and assigns,IN FEE SIMPLE
forever, upon the trusts and for the uses and the purposes hereinafter set out; and Grantor covenants with
Trustee that Grantor is lawfully seized and possessed of the Collateral and has good right to convey the same,
that the some is unencumbered except for any liens listed in any title insurance policy insuring Beneficiary's
interests hereunder or otherwise disclosed to and approved by Beneficiary in writing(the"Permitted Liens")and
that Grantor does warrant and will forever defend the title thereto against the claims of all persons whomsoever,
except for the Permitted Liens.
1.02 Obligadom .Secured This Deed of Trust is given tp secure the paytgcni of(i) the debt
evidenced 6y that certain proinissory now dated M'*rah 06,1k0i--viade by Grantor to the order of Beneficiary !
in the original principal amount of S76,000.00 with the final paymelit being due on March 20,2017,together
with any frtture renewals, modifications, consolidations,replacements and extensions thereof(collectively, die
"Note"); (ii) any and all additional advances made by Beneficiary to protect,care for, maintain at-pre5wive the
Collateral or the rights created.bErphv in the GollQtertil,or for taxes, assessments or insurance premiums as
hereinafter provided, or for performance of any of. Grantor's obligations hereunder or for any other purpose
provided herein (whether or not the original Granter remains the owner of the Collateral at the time of such v
advances);and(id) any wid all other indebtedness,lipbilities or Obligations now or hereafter owing by Grantor
or any of them to Beneficiary,however and whenever incurred or evidenced,whether direct or indirect,absolute
or contingent,inoprred,jointly or severally as maker,endorser,guarantor,surety,or otherwise,and all renew
modifications, consolidations, replacements or extensions thereof((i), (ii) and (iii) are collectively rlsforred t4�
herein tls the"Obllgationa"), t'�\
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllllllll Iilllllllllllllllllllllllllllllllllllllllrlllllllllllllllllllllal o��`��PN�'G
IL001320000010454698 �2303NC1201
G!

APR-02-2003 15:54 FROM: 704-5221217 TO:910 452 0060 P.005/010
Inst # 106640 Book 1562Page: 745
This Deed of Trust has been executed and tleltvereo to Secure future obligations which may be incurred
hereunder fi'om time to time;the amount of present obligations secured by this Deed of Trust is$Z5 000.OQ;to
maximum principal amount of present and future obligations which may be secured hereby at any one time is
S75.000:00; and the period within which future obligationF may be incurred hereunder expires on the earlier of
!"fl the maturity date of the Note or that date which is fifteen(15)years from the date hereof.
'fq
�k(1� 1,03 Cancellation. This conveyance is made upon this special trust,that if(i)the Obligations are
indefeasibly paid in full, (ii) Grainier complies with all the covenants,terms and conditions of this Deed of
h Trust, and (iii) any obligation of Beneficiary to extend any financial accommodation to any Grantor is
Q terminated in writing by Beneficiary,then this oonveyQnpe shall be null and void and may be canceled of record
at the request and at the cost of Grantor,
"0 A. COVENANTS AND AGREEMENTS
ID Grantor hereby further covenants and agrees that Grantor will: '.
2.01 Taxes.Lions and Other Charges. Pay when due all taxes,liens,assessments and other gltarges i
of every character
liarge's and owners'
p assa iati4n dues(collectively, e tively,ther e Inipoor p tons'!),now rivate iorhe e e
hereafter leving. %ithout ed oro assessed n, all tup n ility corr against any of he
Obligations, any of the Collateral, this Deed of Trust, the Note, any loan agreement, commitment letter,
affidavit, security agreement, guaranty or any other document, agreement or instrument now or hereafter
evidencing,securing or otherwise relating to any of the Obligations(collectively,the"Loan Documents")or any
interest of Beneficiary in any of the Obligations, the Collateral or the Loan Documents and penalties and
interest on any of the foregoing.
2.02 Insurance. Keep the Collateral insured against loss end damage by fire,flood,tornado and
windstorm, and against such other hazards as Beneficiary may require,in amounts satisfactory to Beneficiary
which amounts shall at no time be loss than the total replacement cost of the Collateral, plus an amount
sufficient to prevent any co-insurance liability of the owner of the Collateral or Beneficiary,for benefit of
Beneficiary,loss proceeds,if any,to be made payable in the policy or policies of insurance to Beneficiary as
its interest may appear,with the loss payable clauses to be in such font as Beneficiary may require. All
insurance shall be written by companies approved by Beneficiary and the policies and renewals thereof shall,
when issued,be immediately delivered to Beneficiary to be held by it;Grantor will pay all premiums for such
insurance when due and immediately deliver to Beneficiary official receipts therefor.If Grantor fails or refuses
to keep the Collateral Be insured,Beneficiary may obtain such insurance without prejudice to the exercise of its
remedies hereunder by reason of such deftnult. In the event of loss, Grantor will give immediate notice by mail
to 8enoficiany whoanayKnekep>oof oi«as i£-+ioF t++ade�r�lmptly�by�-Areriterand�etreh�atAurenc�compatiy�~—�=-
concerned is hereby authorized and directed to make payment for such loss directly to Beneficiary in. of to.
Grantor and Beneficiary jointly. The proceeds of any insurance, or any part thereof, miry be applied by
Beneficiary,at its option, either to the payment of the Obligations whether or not due and in whatever order
Beneficiary elects or to the restoration or repair of the Collateral. Beneficiary may,at its option,pay any such
insurance premiums or other Impositions against the Collateral of which payment,amount and validity thereof
the official receipt shall be conclusive evidence,and any amounts so expended shall immediately become debts
due by Grantor,shall bear interest at the rate specified in the Note,and their payment shall be secured by this
Dee of Trust.
2.03 Condemnation. Beneficiary shall be entitled to receive all compensation,awards,proceeds,
and other payments or relief relating to or payable as a result of any condemnation. Beneficiary is hereby
authorized,at its option,to commence,appear in and prosecute,in its own or in Grantor's name,any action or
proceeding relating to any condemnation,and to settle or pompromise any claim in connection therewith. All
such Compensation, awards, damages, claims, rights of action and proceeds and the right thereto are hereby
assigned by Grantor to Beneficiary. After deducting from said condemnation proceeds all of its expenses
incurred in the collection and administration of such suits, including reitsonablo attorneys' fees,Beneficiary
shall apply the net proceeds as follows:
(a) In the event the entire Collateral shall be taken by condemnation or in settlement of any threat
of condemnation, then the Obligations shall, at the option of Beneficiary,at once become due and pgysble,
whereupon this amo i�nt Qf such award shall be pnid,t to I� peficiIiry r}nd app}iad•iu'payment in'whole'or in '
pail to the Obligation,and any excess shall be delivered to the parry or parties legally entitled thereto, In the
event of it partial taking of the Collateral,the amount of any award as determined by the commissionera,the
jury or the judge to be necessary to prevent impairment of the security of this Deed of Trust shall be act aside,
withheld or paid over to Beneficiary and applied to the Obligations,notwithstanding that the saute may not be
due and payable, and the excess of such award or proceeds shall be delivered to-Grantor or other party or
parties legally entitled thereto. Upon any partial taking of the Collateral,this Deed of Trust shall cntiInue in
full force as secut'iry for the unpaid portion of the Obligations. I ^�®`s
(b) Notwithstanding any contrary provision of this Deed of Trust,(i) upon condemnation of t SNJ
® 1•
entire Collateral,or (ii) if it shall at any time be determined that N.C. Gen. Stat. Sec. 40A-6e shall for an (�F,
reason be unenforceable or inapplicable to this Deed of Trust,upon partial condemnation of the Collateral,the
Obligationa shall,at the option of Beneficiary,at once become due and payable,whereupon the amount of any
ouch•award shall be paid over to Beneficiary and applied in accordance with the first sentence of subparagraph
(a)of this Section 2.03, Pcj
WAS2303-NC 0 2/0 1) Paso2ofIS Go

APR-02-2003 15:54 FROM: 704-5221217 TO:910 452 0060 P.006/010
Inet # 106640 Book 1562Bage: 746
2.04 Care and Inspection of Collateral, Grantor shall keep the Collateral in good condition and
repair,shall not commit or suffer any waste,shall not demolish,destroy or remove any Improvement,shall not
make any alteration of any Improvement that would diminish the value of the Collateral and shall not permit or
suffer to exist any contractors',mechanics'or materialmen's liens against any of the Collateral. Beneficiary or
r� its representative is hereby authorized to make reasonable entries upon and inspections. of rite Collateral,
uq including,but not limited to,any and all environmental audits and borings,at any time during normal business
hours and all expenses of such inspections, environmental audits and borings incurred by Beneficiary shall
imruediatcly become debts due by Grantor, shall bear interest at tie rate specified in the Note, and their
�10 payment shall be secured by this Deed of Trust, Grantor shalt promptly comply with all present and future
laws., ordinances,rules and regulations(including without limitation,environmental laws,ordinances,rules and
regulations)of any governmental authority affecting the Collateral or any part thereof,and all rules,regulations,
rp by-laws or other requirements of any corporation or association having any jurisdiction whatsoever over the
IJ8 Collateral. Grantor shall promptly repair, restore or replace, to the extent and in a manner satisfactory to
t Beneficiary, any part of the Collateral which may be damaged by fire or other casualty or which may be
affected by any condemnation proceeding, provided that Beneficiary thereafter makes available to Grantor !
(pursuant to a procedure satisfactory to Beneficiary) any net insurance or condemnation:proceeds actually
!n! received lay Bepefteiary in connection with sueh casualty loss or condemnation,to the extent such proceeds are
110 required to defray the expense of such restoration, repair or replacement; provided, however, that the
ITV insuflicioncy of or delay in receipt by Grantor of any such net proceeds shall in no way relieve Grantor of its
obligation to promptly restore,repair or replace the Collateral.
2.05 Restriction on Further Conveyance or Encumbrance,Grantor shall not sell,transfer or further
encumber, or suffer to exist any lien or encumbrance on, all or any of. Grantor's interest in the Collateral
without Beneficiary's prior written consent, in the event a deed of trust covers any portion of the Collateral
and has priority over this Deed of Tryst,Grantor agrees that Grantor will not cause or permit the indebtedness,
obligations and liabilities secured by such prior deed of trust to be increased,renewed,or extended.
2.06 Indemnification. Grantor hereby agrees to hold and save Beneficiary and Trustee harmless and
indemnify them against and from claims of any kind,made by any person,entity or governmental unit and any
losses and expenses incurred by Beneficiary or Trustee(including without limitation reasonable attorneys'fees)
arising from or out of or in any way related to the condition,construction,use,occupancy or possession of the
Collateral or any portion thereof or this Decd of Trust or the other loan Documents and the transactions
contemplated thereby. This provision shall survive the cancellation or satisfaction of this Deed of Trust, any
foreclosure or exercise of the power of sale or any other remedies available to Beneficiary upon die occurrence
of any Event of Default,or any conveyance by Grantor to Beneficiary in lieu of foreclosure op Beneficiary's
pierrci9e of any other remedies.
2.07 Escrow-for.haurance:..27nea-.and—ofhaz--Assessments—Gsantoa-shaU;r apon thb--re-queav of t '
Beneficiary,pay on the first day of each month to Beneficiary or to its duly authorized agent a sum equal to
one-twelft of the known or estimated(by. Beneficiary)yearly taxes,assessments and insurance premiums on or
a$ainat the Collateral. Beneficiary shall hold such payments (and Grantor does hereby expressly agree that �
Beneficiary shall be under no obligation to pay interest thereon)and shall apply the same to the,payment of
taxed, assessments and insurance premiums as and when due. If the total of such monthly payments shall
exceed the amount needed,the excess shall be held for future needs;but should such monthly payments at any
time fail to provide ettfficiont funds to pay taxes,assessments and insurance premiums when due,then Grantor
shall,upon demand,pay to Beneficiary the smount necessary to cover the deficiency. When this Deed of Trust
is crashed pursuant to its terms,Beneficiary shall refund to Grantor or other person,lawfully entitled thereto
any excess funds accumulated hereunder. In the event of a foreclosure sale of the Collateral,Beneficiary may
apply any balance remaining of the funds accumulated far the above purposes to the payment of the
Obligations. Grantor hereby assigns and transfers unto Beneficiary all surplus funds together with,escrow funds
and accounts for taxes or insurance which may come into or be in the hands of the holder of any prior•deeds of
trust upon foreclosure of the same, hereby directing that the same be forthwith paid over to Benefcipy for
repayment of the Obligations,
2.08 Security Agreement. This Deed of Trust shall constitute a security agreement pursuant to the
Uniform Commercial.Code for any items constituting n part of the Collateral which,under applicable law,nmay
be subjected to a security interest pursuant to the Uniform Commercial Code, and Grantor hereby grants
Beneficiary a security interest in such items.
: .. • m.-9V ANTS bp DT;Ina urrAiND10,t141iI W
3.01 Events of Default. The term "Event of Default", wherever used in this Deed of Trust,shall
mean any one of the following events: (a)any failure by Grantor to pay tiny portion of the Obligations when
due; or (b) any breach of or failure by Grantor to perform, discharge and satisfy all other terms,covenants,
can And agreements contained in this Deed of Trust related to the Obligations al•gontained in any other ��
Loan Documents;or(e)any warranty,representation,information,affidavit or statement supplied to Beneficiary '�
by or on behalf.of Grantor or any endorser or guarantor of any of the Obligations("Guarantor") shall ov ry a
untrue or misleading in tiny material respect;or(d)any failure by Qrantor either to pay any amount require l•
be paid or to observe or perform any agreement or obligation of Grantor under the terms of any deed of trus \v`� O�,,p�
security agreement which covers any portion of the Collateral,whether senior or junior to this Deed of Trust; r � \Q \V
(e) any levy, seizure or attachment shall be made under any procoas on, or a receiver be appointed for, th� �\ nfl \�•
Collateral or any part thereof or any other property of Grantor or any Guarantor;or(f)any filing by Grantor or
any Guarantor of a voluntary petition in bankruptcy or the filing of a petition against Grantor or any Guarantor
seeking any reorganization, arrangement,composition, readjustment, liquidation, dissolution or similar relief oR:�
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under any bankruptcy law,unless such petition against Grantor or Guarantor shall be dismissed within 30 days
after such filing; or(g) the insolvency of Grantor or any Guarantor,however evidenced;or(h)any assertion of
any bona fide claim of priority over this Deed of Trust,by title, lien or otherwise in any legal or equitable
proceeding,which claim is not expressly permitted by this Deed of Trust;or(i) Grantor or any Guarantor dies
or(if a corporation,partnership,or limited liability company)is liquidated or dissolved; or 0) any Guarantor
shall give Beneficiary notice of discontinuance of such Guarantor's guaranty of any of the Obligations. ,
IF 3.02 Acceleration of Maturity. if an Event of Default shall have occurred and be continuing,then
V Beneficiary may refuse requests for further advances under the Note and at Beneficiary's option,all Obligations
shall become immediately due and payable without notice or demand,which are hereby expressly waived,time
r q being of the essence of this Deed of Trust; and no omission on the pan of Beneficiary to exercise such option
14 when entitled to do so shall be construed as a.waiver of such right.
I�1M 3.03 Perfnrnrance by BeneJiclary of Dgfaulls•by Grantor. If Grantor shall default in the payment,
performance or observance of any term,covenant or condition of this Deed of Trust or any of the other Loan
Documents or of any prior deed of trust or obligation secured by a prior deed of mist or if there is a legal
proceeding or other action by any governmental authority or third parry that may significantly affect
ill Beneficiary's or Trustee's rights in the Collateral(such as a proceeding in bankruptcy,probate,condemnation,
;b seizure or to enforce laws or regulations), Beneficiary may,at its option, pay, perform, observe or cure the
some,or do whatever is necessary to protect the value of the Collateral and Beneficiary's and Trustee's rights in
the Collateral(including without limitation instituting suits and proceedings)and all payments made or costs or
expenses incurred by Beneficiary in connection therewith,shall be secured hereby and shall be,without demand;
immediately repaid by Grantor to Beneficiary with interest thereon at the default rate provided in the Note.
Beneficiary shall be the sole judge of the necessity for any such actions and of the'amounts to be paid.
Beneficiary is hereby empowered to enter and to authorize others to enter upon the Collateral or any part
thereof for the purpose of perforating or observing any such defiwlted term, covenant or condition without
thereby becoming liable to Grantor or any person In possession holding under Grantor. Grantor expressly
acknowledges and agrees,however,that notwithstanding anything contained in this Section 3,03 to the contrary,
Beneficiary shall not be obligated under this Section to incur any expense or to perform any act wbatsoevor.
3.04 4-nforeement, (a) If an Event of Default shall have occurred and be continuing, on the
application of Beneficiary it shall be lawful for and the duty of Trustee,and Trustee is hereby authorized and
empowered to expose to sale and to sell the Collateral or any part thereof at public auction to the highest bidder
for cash,after having first complied with all applicable requirements of North Carolina law with respect to the
exercise of powers of sale contained in deeds of trust and upon such sale,Trustee shall collect the purchase
proceeds and convey title to the portion of the Collateral so sold to the purchaser in fee simple. After retaining
froriithe.proce004,of such sale a commission for its services as herein provided and all expenses incurred by it,
including rea ltom
4oiaOle aeys'fees for.ltigalsaXyices aE.tuallwper mmed,Tiustee_shall.app4t-ft residue of tbe__._:__,.;. .!-'
proceeds,first to the reimbursement of Beneficiary for all sums expended or incurred by Beneficiary under this
Deed of Trust or to establish,preserve or enforce this Deed of Trust;second to the payment of the Obligations ;
and interest thereon;and the balance,if any,shall be paid to Grantor or other person lawfully entitled theraro.
Grantor agrees that in the event of a sale hereunder, Beneficiary shall have the right to bid at such sale and
shall have the right to credit the Obligations secured hereby against the purchase price. Trustee shall have the
right to designate the place of sale in compliance with applicable law,and the sale shall be held at the place
designated by the notice of sale. Trustee may require the successful bidder at any sale to deposit immediately
with Trustee cash or certified check in an amount up to twenty-five percent(25%)of the bid,provided notice of i
such requirement is contained in the advertisement of the sale. The bid may be rejected if the deposit is not
immediately made, Such deposit shall be rofirnded in case a resale is had because of an upset bid or if Trustee
is unable to convey the portion of the Collateral so sold to the bidder because the power of sale has been
terminated in accordance with applicable law, If the purchaser fails to comply with its bid,the deposit shall be
applied to the expenses of the sale and the residue,if any,shall be applied to the Obligations secured horehy. ;
In all other cases,the deposit shall be applied to the purchase price.The exercise of the power of sale hereunder
by Trustee on one or more occasions shall not be deemed to extinguish the power of sale which power of sale
shall continue in full force and effect until all the Collateral shall have been'futally sold and properly conveyed
to the purphasers at the sales. Trustee's commission shall be five percent(51%)of the groan proceeds of the spite
or five hundred dollars($500.00),whichever is greater,for a completed foreclosure. In the event foreclosure is
commenced,but not completed. Grantor shall pay all expenses incurred by Trustee, including reasonable
attorneys' fees,and a partial commission competed on five Percent(5%) of the out9tandit}g CallatGral.pc five.-. _....... .
hundred clollars0500.00},vibic#lever•is greafbr,'in gcbordaitbewith the°idedi ing schedule: one-fourth(1/4th)
thereof before Trustee issues a notice of hearing on the right to foreclose;one-half(1/2) thereof after issuance
of said notice, three-fourths (3/4ths) thereof after such hearing; and the greater of the full commission or
minimum gum after the initial sale.
0) Beneficiary shall have the Tight,if an Event of Default shall have occurred ant]be continuing,
tO!hp appointment of a receiver,to collect any rents,issues,royalties,profits and revenues from the Collateral dd��
without notice to Grantor our any other party (Grantor hereby waiving any right to such notice)and without
consideration of the value of the Collateral or the solvency of any person liable for the payment of the aim IT ®®3
then owing,and all amounts collected by the receiver shall,after expenses of the reeaiverehip,be applied to the .q
payment of the Obligations,and Beneficiary,at its option,in lieu of an appointment of a receiver,pltall have the ��Pi 0�
right to do the same. If suoh receiver should be appointed,or if there should be a sale of the Collateral,as ® Ca
provided above,Grantor,or any person in possession of the Collateral thereunder,as tenant or Otherwise,shall
become a tenant at will of the receiver or of the purchaser and may be removed by a writ of ejectment, Q \�
summary ejectment or other lawful remedy. 5'(
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(a) If an Event of Default shall have occurred and be continuing,Beneficiary shall have all the
remedies of o secured party under the Uniform Commercial Code. In exercising any of said remedies,
Beneficiary may proceed and/or cause Trustee to proceed against the items of real property and any items of
personal property specified above as part of tile Collateral separately or together and in any order whatsoever,
without in any way affecting the availability of Beneficiary's remedies under the Uniform.Corrumrcial Code or
�hrb of the remedies provided herein, ;
3,05 Application of Proceeds by Ileneficiary. Beneficiary may apply any moneys and proceeds
I ,N received by Beneficiary as a result of the exercise of any right conferred on Beneficiary by any of the Loan
Documents, including this Deed of Trust, or by law for the collection of the Obligations to any of the
following, in such order as Beneficiary may fi•om time to time elect: (i) all costs and expenses, including
without limitation, reasonable attorneys' fees, incurred in the collection of any or all of the Obligations,
incurred in the performance of Grantor's duties and obligations under the Loan Documents, or incurred in
soel;ing to realize on or to protect or preserve Beneficiary's or Trustee's interest in the Collateral,(ii)the unpaid
principal Wanae of the 0>2ligations,(iii)any other amounts owing under the Loan Documents,and(iv)accrued
but unpaid intereat'oi iny&the foregoing. The remainder,if any, shall be paid to Grantor or any person
i lawfully entitled thereto.
3,06 Discontinuance o(Procecdings and Restoration of the Pcrrtles. In case Beneficiary or Trustee
shall have proceeded to enforce any right,power or remedy under this Deed of Trust by foreclosure,entry or
otherwise,and such proceedings shall have been dispontinued or abandoned for any reason,or shall have been
determined adversely to Beneficiary or Trustee,then and in every such case the parties hereto shall be restored
to their former positions and rights hereunder without waiver of any default and without novadou, and all
rights,powers and remedies of Beneficiary and Trustee shall continue as if po such proceeding had been taken.
IV, G9NRRAL PROVISIONS
4.01 Limit of Yalidi�a The parties shall in no event be deemed to have contracted for a greater rate
of interest than the maximum rate permitted by law, Should a greater amount be collected,it shall be construed
as a mutual mistake of the parties and the excess shall be returned to the party paying thg same,
4.02 Remedies Cumulative. No right,power or remedy conferred upon or reserved by Beneficiary
or Trustee by this Deed of Trust is intended to be exclusive of any other right,power or remedy,but each and
every such right,power and remedy shall be cumulative and concurrent and shall be in addition to any other
right,power and remedy given hereunder or under any of the Loan Documents or now or hereafter existing at
law or in equity or by statute,
4.03 fVaiver;Execution by Grantor Not Liable on Note. No delay or forbearalce by Beneficiary in
exercisiug any.or all of its rights hereunder or rights otherwise afforded by law, shall operate as a waiver
therebtorpreelude'the exercise thereof during the continuance of any Event of Default or in the event of any
subsequent Eveiit of Default Grantor heroby waives nay
rights or remedies on account of any extensions of time,releases granted or other dealings between Beneficiary
and Orly subsequent owner of the'Collateral herein conveyed or pledged as said activities are contemplated or-
otherwise addriesed in Section 454S.1 of the North Carolina General Statutes or any similar or subsequent law.
The foregging waiver shall not be construed as affecting or otherwise amending the covenants and agreements
of Grantor in Section 2.05 hereof,Any Grantor who executes this Deed of Trust but does not execute the Note
has executed this Deed of Trust only to subject whatever interest, if any, such Grantor has or may hereafter
have in the Collateral to this Deed of Trust (nothing herein limits or affects such Grantor's liability to
Beneficiary under any separate guaranty or other instrument),has no personal liability on the Note or under this
Deed'of Trust, and hereby waives any rights, remedies or defenses on account of any extensions of time,
releases granted or other dealings between Beneficiary and any other Grantor. To the exie.ni pelmitted by law,
Grantor hereby waives any and all lights which Grantor nhay have under the United States Constitution, the
North Carolina Constitution or any other applicable federal or state law concerning the application,rights or
benefits of any statute of limitation or any moratorium.reinstatement,marshaling, forbearance,appraisement,
valuation,stay,extension,homestead,exemption or redemption laws.
4.04 $everability. If any provision of tl»s Deed of Trust or the application thereof to any person or
circumstances shall be invalid or unenforceable to any extent, the remainder of this Deed of Trust and the
application of such provisions to other persons or eirculnstances shall not be affected thereby and shall be
enforced to the greatest extent permitted by law.
4.05 Entire Agrrrenienr; Governing Lr. The ,f oan Documents oontaiu•the.�entire_.agceermeut... �.__ •j—
between.C�raptot^atitl-peneftciaiy'relatyng to tiie lone trausaciic'n,'c�iiif0rn -ed hereby. This Deed of Trust shall
be governed by and interpreted and construed in accordance with the laws of the State of North Carolina.
4.06 Successors; Terms. The covenants,terms and conditions heroin contained shall bind,and tlhe t
benefits and powers shall inure to the respective heirs,exgcutors,adminiptrators,successors and assigns of the \\N
parties hereto. Whenever used herein the singular number 911011 include the plural,the plural fhe singular,and �l
the term "Beneficiary" shall include any payee of the Obligations and any transferee or assignee thereof.,
whether by operation of law or otherwise, if more than one person shall execute this Deed of Trust as Grantor,
each liability and obligation of Grantor hereunder shall be the joint and several liability of, each elf the �!1
undersigned Grantors.
4.07 Remoyai of 7h4,tge; Appointment of Successor. Beneficiary shall at any time have the �vp9r �
irrevocable right to removo Trustee without notice or cause and to appoint its successor by an instrument in No
irrevocable
writing, duly acknowledged,in such form as to entitle such written instrument to record in the State of North
Carolina, and in the event of tile dissolution or resignation of Trustee, �P\.
pP5
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Beneficiary shall have the right to appoint its successor by such written instrument, Any trustee so appointed
shall be vested with the,title to the Collateral and shall possess all the powers, duties and obligations herein
conferred on Trustee in the same manner and to the same extent as though it were named herein as Trustee.
Ip�(
4.08 Electronic Storage. Borrower acknowledges that the Lender may reproduce (by electronic
� p means or otherwise) any of the documents evidencing, guaranteeing and/or securing the Obligations and
ther•ea@er may destroy the original documents. Borrower does hereby agree that any documcnr so reproduced
fall shall be and remain the binding obligation of Borrower,enforceable and admissible in evidence against it to the
1-zlh same extent as if the original document had not been destroyed. As userl,in this paragraph, the term
1411. "Bormwer(5)"shall mean any person or entity primarily or secondarily liable for'tbe,indebtedness including,but
44 not limited to,any co-maker,endorser,guamnmr or other party.
4.09 Additional Terms.The tents and provisions of any addendum attached hereto arc incorporated
p herein by reference and made a part hereof.
IN WITNESS WHEREOF,Grantor has executed this Deed of Trust under seal,as of-the day and year
i � first above written. '
jSEAL)
mes Grego I
J %(S
- rialin S.GFegory
_. (SEAL)
(SEAL)
I
I
STATE Of NORTH CAROLINA,COUNTY OF UUKI bonon _
I,�AraN.k ttte �o Notary Public,do hereby certify that�aMt-��- (I__tale► f 65'!�± S; ft o.r.>/
personally appeared before me this day and acknowledged the due execution of the foregoing instrument, ,
Witne@a my hand and notarial stamp or seal,this E0 day of MAr e-h
Q
My commission expires ;��}ern�er_�,�C�- _ � •�.';�;,..••' `•:�, '• ,
Notary Public i
ti�8ur�,r�j`!1i•,'�y`N.�f�l:,ii.�,�l��!��3c.' 1�'�,
' , ,qr ',[1, �'•rr 1 p'7 i�r'�d�;,{J�i'�'�'Ir; 1�i i
�7+1� .�r ;:M•�ya
,.rr �Cjrll�7 `' :4,�T,•fit.
STATE OF NORTH CAROLINA - -
COUNTY OF BRUNSWI(CK
E° $°i► +"K�' ) Tilicaie(sjo1 AUR BORNEYKO
Nota ry(res)Public is(are)Certified to be Correct.
This Instrument was filed for Registration on this 12th Day of March 2002
in the Book and page shown on the First Page hereof. R ZOE �JN.
ROE J.RO iegifiterf e dsede
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•- EXHIBIT"A"
LOT($) 149,.PHASE i,LOCKWOOD FOLLY SUBDIVISION,AS SI•IOWN ON PLA'1'
RECORDED IN MAP/CABINET Y,PAGE 63,ERUNSWICK COUNTY REGISTRY.
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