HomeMy WebLinkAbout20191380 Ver 1_PCN Form Submission_20191009-40- WithersRavenel
Our People. Your Success,
October 9, 2019
US Army Corps of Engineers NC -Division of Water Resources
Wilmington Regulatory Field Office 401 & Buffer Permitting Unit
Ms. Rachel Capito Ms. Karen Higgins
69 Darlington Avenue 1617 Mail Service Center
Wilmington, NC 28403 Raleigh, NC 27699
Re: 6313 Guinea Lane - NWP 18 PCN Submittal
Wilmington, New Hanover County
USACE AID: SAW -2016-01895
WR Project #03160633.00
Dear Ms. Capito and Ms. Higgins,
On behalf of Neil & Heather Senter, we are requesting authorization from the USACE to use NWP
18 for 0.067 acres If of permanent wetland impacts for construction of a driveway crossing within
the 2.24 acre parcel (PARID: R06620-002-016-000) located at 6313 Guinea Lane in Wilmington,
New Hanover County (Lat: 34.193866°N; Long: -77.832698°W. The proposed project does not
meet conditions specified in Water Quality General Certification No. 4139 as requiring written
authorization, and therefore this application is being provided to NCDWR as a courtesy.
The project is located in the White Oak River basin and onsite waters drain to the Atlantic
Intracoastal Water Way (ICW). The Water Quality Classification for Panther Creek is WS-IV;NSW,
and the Stream Index Number is: 16-41-1-17-3. The cataloging unit for the site is 03030002.
We are requesting authorization of the project under NWP 18 as proposed impacts will occur
within the 100 -year floodplain, which is prohibited in NWP 29 Regional Condition 4.1.4.
The proposed project is not located within the CAMA 75' AEC and does not affect tidal waters,
and therefore a CAMA permit from NCDCM is not required.
Proposed Proiect
The purpose of the proposed project is construct a residential drive to access the developable
uplands on the eastern portion of the parcel in order to construct a single family residential
dwelling. The driveway has been designed to be 30 -ft in total width in order to accommodate a
20 -ft wide driving surface and 5 -ft backslopes to transition fill to natural grade. The portion of the
driveway extending from Guinea Lane through the wetlands will extend through a forested area.
219 Station Road, Suite 1011 Wilmington, NC 28405
t: 910.256.9277 www.withersravenel.com I License No. C-0832
Asheville I Cary Greensboro I Pittsboro I Raleigh I Wilmington
6313 Guinea Lane - Wilmington, New Hanover Co. :: Withers Rave n e l
Our People. Your Success.
Mr. Senter owns a construction company, and brings his equipment trailer home each night. The
length of the driveway and forest vegetation prevent someone turning onto the driveway from
Guinea Lane to see if there is a car coming down the driveway towards Guinea Lane. Additionally,
due to the forest vegetation, there is nowhere to pull a vehicle off the driveway to allow another
vehicle to pass in the event that they meet on the driveway. Therefore, the driveway needs to be
wide enough to allow two vehicles (one with a large construction trailer) to safely pass on the
driveway. Additionally, the width of the driveway allows for access for large emergency vehicles
such as firetrucks and ambulances in the event of an emergency.
The project will be constructed using traditional commercial construction equipment and
techniques.
Proiect History
The USACE issued an AJD (SAW -2016-01895) for the subject property on 9/21/19. A copy of
the AJD has been provided as an Appendix.
Proposed Impacts
The proposed impacts consist of 0.067 acres of permanent wetland impacts for construction of
the driveway to access the eastern portion of the parcel in order to construct a single family
residential dwelling.
Avoidance and Minimization
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted
so that impacts to wetlands and "waters" could be minimized.
Proposed impacts have been minimized to only those necessary to construct a driveway crossing
through the wetlands that bisect the property in order to access the eastern uplands. The
driveway has been designed to cross the wetlands perpendicularly at the narrowest point in order
to minimize wetland permanent wetland impacts.
Two culverts will be installed within the wetland crossing to maintain the hydrologic connection
to downstream, offsite wetlands and waters. The culverts will be installed to sit on the substrate
of the wetlands and will not be buried.
Access during construction will occur from uplands. Silt fencing will be installed around all
disturbed areas to prevent loss of sediment into adjacent waters.
Page 2 of 3
6313 Guinea Lane - Wilmington, New Hanover Co. r■ Withers Rave n e l
.. our People. Your Success.
Mitigation
The proposed permanent wetland impacts are less than 0.10 acres, and therefore mitigation is not
proposed.
The current request is for 0.067 acres of permanent wetland impacts (see the attached maps and
PCN for details).
Please feel free to call if you have questions or require additional information.
Sincerely
WithersRavenet
Troy Beasley
Senior Environmental Scientist
Attachments:
• PCN Form
• Agent Authorization
• Parcel/Owner Information
• Wetland Exhibit
• USGS Quads
• New Hanover County Soil Survey
• USACE AJD (AID: SAW -2016-01895)
• NCNHP Project Review Letter
• Impact Exhibits
Page 3 of 3
DR
02*10n of Water R"Ourc"
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance into the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Charge only if needed.
BIMS # Assigned
20191380
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Select Project Reviewer*
Chad Coburn:eads\cccoburn
Information for Initial Review
1a. Name of project:
COURTESY COPY - 6313 Guinea Lane
1a. Who is the Primary Contact?*
Troy Beasley - WithersRavenel - Authorized Agent
1 b. Primary Contact Email:*
tbeasley@Wthersravenel.com
Date Submitted
10/9/2019
Nearest Body of Water
Intracoastal Waterway (Stream Index 18-87-(23.5)
Basin
White Oak
Water Classification
SA; HOW
Site Coordinates
Latitude:
34.193866
A. Processing Information
County (or Counties) where the project is located:
New Hanover
Is this project a public transportation project?*
r Yes r No
Longitude:
-77.832698
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
F Section 10 Permit (navigable ureters, tidal waters, Rivers and Harbors Act)
1 b. What type(s) of permit(s) do you wish to seek authorization?
P Nationwide Permit (NWP)
F- Regional General Permit (RGP)
r- Standard (IP)
Version# *
1
Reviewing Office*
Wilmington Regional Office - (910) 796-7215
1c. Primary Contact Phone:*
(910)256-9277
1c. Has the NWP or GP number been verified by the Corps?
r' Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
P 401 Water Quality Certification - Regular
F Non -404 Jurisdictional General Permit
F Individual Permit
18 - Minor Discharges
1e. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
F 401 Water Quality Certification - E)press
F Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
19. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r- No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes (' No
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r- Yes r No r Unknown
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
W Owner r Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
William & Heather Senter
2b. Deed book and page no.:
Book: 6215, Page: 488
2c. Responsible party:
2d. Address
Street Address
6109 Wayfarer Trail
Address Line 2
aty
Wilmington
PWal / Zip Code
28409
2e. Telephone Number:
(910)515-4455
2g. Email Address:*
heather@sandvvhorriebuilders.com
C. Project Information and Prior Project History
State / Rovince / Region
NC
Country
USA
2f. Fax Number:
r Yes r^ No
r- Yes r No
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
Wilmington
2. Project Identification
2a. Property Identification Number:
R06620-002-016-000
2c. Project Address
Street Address
6313 Guinea Lane
Address Line 2
CKY
Wilmington
Fbstal / Zip Code
28409
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Intracoastal Waterway (Stream Index 18-87-(23.5)
3b. Water Resources Classification of nearest receiving water:*
SA;HOW
3c. What river basin(s) is your project located in?*
White Oak
3d. Please provide the 12 -digit HUC in which the project is located.
030203020502
4. Project Description and History
2b. Property size:
2.24
State / Frwince / Pagion
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The property currently consists of undeveloped woodlands, with an existing dock. The general land use in the vicinity consists of residential land use
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No F Unknown
4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Location.pdf
USGS.pdf
255.71 KB
146.23KB
4e. Attach an 8 1/2 X11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Soils.pdf 1015.6KB
4f. List the total estimated acreage of all existing wetlands on the property:
±0.7 acres
4g. List the total estimated linear feet of all existing streams on the property:
WA
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is construct a residential drive to access the developable uplands on the eastern portion of the parcel in order to construct a single family
residential dwelling.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The purpose of the proposed project is construct a residential drive to access the developable uplands on the eastern portion of the parcel in order to construct a single family
residential dwelling. The driveway has been designed to be 30 -ft in total width in order to accommodate a 20 -ft vide driving surface and 5 -ft backslopes to transition fill to natural grade.
The portion of the driveway extending from Guinea Lane through the wetlands will extend through a forested area. Mr. Senter owns a construction company, and brings his equipment
trailer home each night. The length of the driveway and forest vegetation prevent someone turning onto the driveway from Guinea Lane to see if there is a car coming down the
driveway towards Guinea Lane. Additionally, due to the forest vegetation, there is nowhere to pull a vehicle off the driveway to allow another vehicle to pass in the event that they meet
on the driveway. Therefore, the driveway needs to be wide enough to allow two vehicles (one with a large construction trailer) to safely pass on the driveway. Additionally, the width of
the driveway allows for access for large emergency vehicles such as firetrucks and ambulances in the event of an emergency.
The project will be constructed using traditional commercial construction equipment and techniques.
4j. Please upload project drawings for the proposed project.
Impact Maps_2019-09-27.pdf 615.6KB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No f Unknown
Comments:
Wetlands were delineated by Land Management Group in 2016.
5b. If the Corps made a jurisdictional determination, what type of determination was made?
r Preliminary r Approved r Not Verified r Unknown r WA
Corps AID Number:
SAW -2016-01895
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Corey Novak
Agency/Consultant Company: Land Management Group
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE issued an Approved JD for the subject property (SAW -2016-01895) on 9/21/16.
5d1. Jurisdictional determination upload
Beagle Trail JD.pdf 559.1 KB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
P Wetlands r Streams -tributaries r Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
!a. Site #* (?) 2a1 Reason(?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact
Jurisdicition*M area*
,npact 1 Fill - Driveway P Pocosin Wetland A Yes Both 0.067
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.067
2g. Total Wetland Impact
0.067
2h. Comments:
The proposed impacts consist of 0.067 acres of permanent wetland impacts for construction of the driveway to access the eastern portion of the
parcel in order to construct a single family residential dwelling.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be
minimized.
Proposed impacts have been minimized to only those necessary to construct a driveway crossing through the wetlands that bisect the property in
order to access the eastern uplands. The driveway has been designed to cross the wetlands perpendicularly at the narrowest point in order to
minimize wetland permanent wetland impacts.
Two culverts will be installed within the wetland crossing to maintain the hydrologic connection to downstream, offsite wetlands and waters. The
culverts will be installed to sit on the substrate of the wetlands and will not be buried.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Access during construction will occur from uplands. Silt fencing will be installed around all disturbed areas to prevent loss of sediment into adjacent
waters.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Proposed permanent wetland impacts are less than 0.10 acres and therefore mitigation is not proposed.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
The project is not located within a state buffered basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
Comments:
The project will result in less than 1.0 acres of total disturbance and less than 10,000 sf impervious, and therefore does not require a stormwater management plan or stormwater
permit.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H.1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B.0200)?*
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r- Yes r No
3b. If you answered "no," provide a short narrative description.
The proposed project consists of construction of a driveway and single family residential dwelling on an existing parcel. Therefore, the project is not
anticipated to be a catalyst for future development that could impact nearby downstream water quality.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r' No r- N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
Cape Fear PUA Sanitary Sewer
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat? *
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r Yes r No f Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
WR reviewed the NC Natural Heritage Program database, located at http://vmw.ncnhp.org/web/nhp/home to identify if there were any known
occurrences of endangered species on or near the proposed project. The reviewof the NHP data did not identify any occurrences of federally listed
threatened or endangered species or critical habitat within the subject property or within 1.0 miles of the project, see attached NCNHP project review
letter. Site reviews did not identify any potential habitat for any federally protected species known to occur in New Hanover County, except for the
Northern Long Eared Bat (T).
Potential habitat for the northern Long-eared bat (NLEB) is listed as mature forest with trees over 3" dbh, which is used for roosting during the day.
The proposed project area contains forested areas with trees over 3" DBH, and therefore is considered potential northern long eared bat habitat. The
proposed project is located outside of a red HUC and there is no pile driving, blasting or percussive activities proposed for the construction of the
driveway. Therefore, WR concludes that the project "may affect, but is not likely to adversely affect' the northern long-eared bat and the SLOPES ALP
Situation 1 is applicable to this project.
Consultation Documentation Upload
NCNHP Project Review Report_ 2019-10-09.pdf 270.9KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
Are there submerged aquatic vegetation (SAV) around the project vicinity?*
r Yes
r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
r Unknown
WR reviewed the NOAA Essential Fish Habitat online mapper, located at: http://www.habitat.noaa.gov/protection/efh/efhmapper/index.htmi. The EFH
mapper classifies the Atlantic Intracoastal Water Way (AIWW), located approximately 1300 If (direction) of the proposed project, as Essential Fish
Habitat. As a result of the sediment and erosion control measures and construction techniques to be used, the project will not result in adverse
impacts to Essential Fish Habitat within the AIWW.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
l- Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
WR reviewed the NC State Historic Preservation Office's online database, located at: http://gis.ncdcr.gov/hpoweb/, to determine if there were any
known historic or cultural resources within or in the vicinity of the proposed project. The database review did not identify any known resources within or
in the vicinity of the proposed project.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
r Yes t'- No
8b. If yes, explain how project meets FEMA requirements:
The project is located within the AE flood zone and will not impact the floodway. The AE zone is under the jurisdiction of City of Wilmington as the
designated FEMA Floodplain Administrator, and fill within the AE zone is allowed per City of Wilmington ordinance.
8c. What source(s) did you use to make the floodplain determination?*
www.ncfloodmaps.com
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
PCN Cover Letter_2019-10-09.pdf 116.61 KB
Parcel Map.pdf 206.17KB
Recorded Plat_2019.pdf 402.33KB
Deed.pdf 844.47KB
Signature
m By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Troy Beasley
Signature
Date
10/9/2019
u
DocuSign Envelope ID: 3F709FAD-FC81-40CB-8CF8-FA5BA93A7E8F
I WithersRavenel
. *4 Our People. Your Success.
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned Owner Neil & Heather Senter (Client) does hereby appoint
WithersRavenel, Inc. as his, her, or it's agent for the purpose of petitioning the appropriate
local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC
Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for:
a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas
(wetlands, surface waters, riparian buffers, etc.) and/or; b) preparation and submittal of
appropriate environmental permit applications/requests for the ±2.39 acre parcel (PARID:
R06620-002-016-000) located at 6313 Guinea Lane in Wilmington, New Hanover County,
INC.
The Client does hereby authorize that said agent has the authority to do the following acts
on behalf of the owner:
(1) To submit appropriate requests/applications and the required
supplemental materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of
environmental review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or
termination by the Client.
Agent's Name, Address & Telephone:
WithersRavenel, Inc.
219 Station Road, Suite 101
Wilmington, NC 28405
Tel. (919)-469-3340
10/7/2019
Date:
Signature of Client:
Heather senter
(Name - Print) (Title)
r— DOCUSigned by:
6109 wayfarer Trail
Mailing Address
Wilmington, NC 28409
City State Zip
Phone: 910-515-4455
Email: heather@sandwhomebuilders.com
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. C-0832
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diad ba l raskaru/Icad an mays aril mrp /scaly tukrasnos
on mlK That a/y him not au'w)ed appear as
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Book 66 Page 198
Certificate of approval by the city of Wilmington Subdivision Review Board.
The City of Wilmington, Subdwsron Review Board, hereby approves or
recordatron the final plat for f1PZ6H (otiW%0f{ -w -�44e subdiwsron provided
that said final plat is recorded within
� An naly (90) days.
lChairman, 5ubdiwsaon � 6- X
/ Rewew Board
Date:
nakg �,
NOTL:S:
/ - THE LOTS SHOWN ON TH15 MAP ML T ORV=W THE
DIMENSIONAL MWIRBNENO OF THEZON/NG ORDINANCE
OF THE CIIYOFWILM/NGTON, N. C.
2 - NO MC. GRID MONUMEN75 BUND W MIN 2000,
3 - PLOOD UNE SCRM FROM NEW iMOVER COUNTYGS
4 - LOM ARE =W= BYCAPE PEAR UTILITYAUTHORIIY,
5 - ZONE R-20 051DEM7AL
That the survey cre
ptA a subdivision of land within the area o ~
county or mumcr It that has an ordinance that radek!°/:ar Is
s G ROE! o' r_Ae
of land a ,e.••; bq vr''3""a u °m
QA. , •�r.,�lOf� Sr .tuna: °Rram�r. saroa/>an
t.vec,N.N.r n
Joseph B re O O �0 w+umwray. N.c zonas
PL5- -IT s`9;n `5 59 its
5URVEYRfM5WNCE
D.B. 4666, PG. 422
D.B. 4582, PG.. 6 /W
IR
zrx pvYmm�nrRN neer
M.B. 30, PG. 81
M.B. 45, PG, 316
lzaerAanrAe
NNMAG DACN610ICD
M.5.261 PG. 163
'
M.B. l9, PG. 82
M.B. 63, PG. 389
M.B. 3l, PG. 264 REVIEW OFFICER'S
CERTICtATE
State of Nori{'i Carolina
County of New Hanover���'
FYp \J�F,
I. 6RtgN cNpm6S
_ offic A*s `A� JF
of New Munover G�.0 _
or plat to which this certification !, c,
meets all statutory requir for vr� � : dlnc_,_. /
Map Review Officer AWA r
Date 4, !
Cerhfieate of disclosure - City of Wilmington F7eodp1am
Management Regulations, if applicable, to be signed by owner Lora
G,
I (we) hereby certify that prior to entering arty agreement or ; iN Mg
any conveyance with a prospective buyer, I (we) -,shall /prepare;
and sign, and the buyer of the subject real estate sVvkf ecer ye
and sign, a statement which fully and accurately disclose;-tw
the subject real estate, or a portion of the subject real estate,
is located within a flood hazard area and that the buyer must
satisfy the requirements of the City of Wilmington foodplain
management fr4ulahons prior to the issuance pof building permits.
Date 1 I Owners
CONSMA770N7 eACT61USDAII51ON
FOR
WILLIAM * HEATHER 3ENTER
BEING TRACT 5 - 4.29 ACRES f/-
WILM/NGTON 70WAM/P - NEW HANOVPR COUNTY, N.C.
SCALE P— 1010' - AUG. 13, 2016
O - so O /00 200
GRAPHIC SCALE- /'= 10(Y
Lar/
LOT4
Q'AvrIX,o W= TAW MM
1A50NA7K%M&ArAr9
N/DNA09 A0VWTW7D
ONFA LA 71Wr A/nCAW79
4�rr
NOTE:
R-20 RESIDENTIAL ZONING
MAXIMUM BUILT UPON AREA 50;6 OF LOT
MIN. LOT WIDE7t180'
FRONT SETBACK - 30'
REAR 5EWACK - 25'
(NTERIOR SIDE3fWACK - 15
CORNER LOT 510E- 2D'
BUILDING HEIGHT 35'
Na"Aw
Island —
,surveyors, Inc.
JOEYBROCIIUREL4759
102 S.E GOTH STREET
Oakls/and, N.C. 28465
PHONE.9 / D-:';iO-9192
CELL: 9/0.5234122
www.Lslandsur *'0rcam
Res/dental F CornmerG/a15/te Han
Lot Surveys *Read tlev. Cediflcate
email: !sraudeurveynrsQgmad.com
PROPERTYREFERENCE
OWNER: HEATHER 5ENTER
MLUAM
4100RE55: 6309 GUINEA LANE
' L TRACT B, 4.249 AC
u k MB. 63, PG. 359
/.12AG I/-GYHlnANg91c�9aunsi" PARCEL# R06920-002-009
LEGEND
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STATE OF NORTH CAROLINA
NEW HANOVER COUNTY
FILED FOR REG15MA710N OF THE I DAY OAC- CY1 Rel a o 9
a+ w- Sol Aawm
AND DULY RECORDEDIN MAP 800K L Qi -_
PAGE ACg T ns} ss ao a 9 0 3a3L,
�' TQvrw��a `Mt+�Scln 1�2c.s�-ey
//�� �"'P.eSf sFer v � �-aacQ-p
BY.- Gukq'e L C"ge:v1 //�L
of disclosure - North Carolina Coastal Area ALL DI.$TAAC 5 SHOWN ARE
it Act (LAMA), d applicable, to be argued by hlOR17.0NTAL GROUND D45TANCM
I Sve) hereby certify that poor to entering any agreement
r any conveyance with a prospective buyer, I (we) shall
epv a and sign, and the buyer of the subject real
estate shaft receive and sign a statement which fully and
accurately discloses that the buyer may have responsibility
to obtain a development permit (minor or major) and the
agency to which an applicabon must be filed in order to
obbarn said permit pnor to any undertaking or activity
subject to the requirements of the North Carolina Coastal
Area Management Act, J
Date f t Sl , Chvneras)
CERPMCATEOFOTNNER5HIP, DEDICATION
1,(WE) HEREBY CER77PYTHAT i(WE) ARE THE OWNERS OFTHE PROPERTY5HOWNANO
DESCRIBED HEREON AND THAT I MV HEREBYACCEPT TH15 PIAN OF5UDDIW5101V
WITH MY (OUR) PREF CONSENT E57ABU5H THE MINIMUM BUILDING LINE5 AND
DEDICATE AU 57RtZ75, A&M -1;, WALKS, PARK , AND OTHER3/TE5 TO PUBLIC OR
PRIVATE USE AS NOTED. 1024 H-ERMY DIVICA Ir E4.9EMENT9 TO THE CAPE PEAR
PUBLIC UITLUYAUTJORRY OVER ALL PRIVATE 5T REET5 FOR WAT52 AND SEWER UNFS
AND APPURTENANCES. FURMM I OM CERTIFY THE LAND AS SHOWN HEREON 15
LOCA TED WITH( ESUBDlV15/ONPLA 77LNGJ SDICfIONOFTH_
WILMINGTON. �Q/n ,(/}//j./,�
DATE
DATE OWNER
• La.- �a /t 1
THE SURVEYPSUVRMED AND
MAP PRLS'ARW WITHOUT THE
BENLS`IT OFA TIRE REPORT, THIS
5URVEY05UBUXT TO ANY
FACTS AND E46EMZNM THAT
MAY
BE D/ aO SED BYA PULL AND
ACCURATE TITLEWAR:iH
FLOOD 5TAR MLNT
film: 37020341=01`315G
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Book 66 Page 199
TAMMY THEUSCH
BEASLEY New Hanover County
Register of Deeds Register of Deeds
320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401
Telephone 910-798-4530 • Fax 910-798-7716
qk�
tjppp" *,
State of North Carolina, County of NEW HANOVER
Filed For Registration: 05/07/2019 11:57:25 AM
Book: PLAT 66 Page: 198-199
2 PGS $21.00
Real Property $21.00
Recorder: ANGELA ENGLISH
Document No: 2019013236
DO NOT REMOVE!
This certification sheet is a vital part of your recorded document. Please retain with original document and submit
when re-recording.
BK: PLAT 66 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII IIII
C
198-199
RE2019013236 NC FEE $21.00
RECORDED:
05-07-2019 NEW HANOVER COUNTY, NC
11:57:25 AM TAMMY THEUSCH BEASLEY
BY: ANGELA ENGLISH REGISTER OF DEEDS
DEPUTY
Book 6125 Page 488
-1:A:1 Y-IP44
PG: 488 - 496
NC FEE $64.00
2018006711
RECORDED:
NEW HANOVER COUNTY,
03/07/2018
TAMMY THEUSCH BEASLEY
12:20:29 PM
EXTX $0.00
REGISTER OF DEEDS
BY: ANDREA CRESWELL
ASSISTANT ELECTRONICALLY RECORDED
DEED OF TRUST
(With Future Advance Clause)
This document was prepared by: LOAN DEPARTMENT, CRESCOM BANK - MB, PO BOX 3050, MYRTLE BEACH,
SC 29578-3050.x:' r; tea , °`r.
Please return after recording to: HUTCHENS LAW FIRM, 7029 WRIGHTSVILLE AVE, WILMINGTON, NC 28405
DATE AND PARTIES. The date of this Deed Of Trust (Security Instrument) is March 5, 2018. The parties and
their addresses are:
GRANTOR:
WILLIAM NEIL SENTER , husband
6109 WAYFARER TRL
WILMINGTON, NC 28409
HEATHER SENTER , Wife
6109 WAYFARER TRL
WILMINGTON, NC 28409
TRUSTEE:
M. J. HUGGINS III
PO BOX 3050
MYRTLE BEACH, SC 29578-3050
LENDER:
CRESCOM BANK
Organized and existing under the laws of South Carolina
288 MEETING STREET
CHARLESTON, SC 29401
1. DEFINITIONS. For the purposes of this document, the following term has the following meaning.
A. Loan. "Loan" refers to this transaction generally, including obligations and duties arising from the terms of
all documents prepared or submitted for this transaction,
2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged,
and to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor does hereby
irrevocably grant, convey and sell to Trustee, in trust for the benefit of Lender, with power of sale, the following
described property:
HEATHER N SENTER
North Carolina Deed Of Trust Initia
NC14XKHANNON0000000000147505ON Wolters Kluwer Financial Services ®1996, 2018 Bankers SystemsT"
submitted electronically by "Hutchens Law Firm"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the New Hanover county Register of Deeds.
Book 6125 Page 489
SEE ATTACHED EXHIBIT A
The property is located in New Hanover County at 6309 GUINEA LN, WILMINGTON, North Carolina 28409.
Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and
riparian rights, wells, ditches and water stock, crops, timber including timber to be cut now or at any time in the
future, all diversion payments or third party payments made to crop producers and all existing and future
improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the
real estate described (all referred to as Property). This Security Instrument will remain in effect until the Secured
Debts and all underlying agreements have been terminated in writing by Lender.
3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time
and from time to time will not exceed $884,000.00. Any limitation of amount does not include interest and other
fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to
advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the
covenants contained in this Security Instrument.
4. SECURED DEBTS AND FUTURE ADVANCES. The term "Secured Debts" includes and this Security Instrument
will secure each of the following:
A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and
replacements. A promissory note or other agreement, dated March 5, 2018, from Grantor to Lender, with a
loan amount of $444,210.00 and maturing on March 5, 2019.
B. Future Advances. All future loan obligations or advances made by Lender under the promissory note, and all
other sums from time to time owing to Lender by Grantor under any documents relating to the Secured Debts,
including the promissory note, The time period within which such future obligations or advances are to be
made is the period between the date hereof and the date thirty (30) years from the date hereof. This Deed of
Trust is intended to comply with the provisions of Article 7, Chapter 45 NCGS.
C. All Debts. All present debts and future debts executed within thirty years after the date of this Security
Instrument from Grantor to Lender, even if this Security Instrument is not specifically* referenced, or if the
future debt is unrelated to or of a different type than this debt, If more than one person signs this Security
Instrument, each agrees that it will secure debts incurred either individually or with others who may not sign
this Security Instrument. Nothing in this Security Instrument constitutes a commitment to make additional or
future loans or advances, Any such commitment must be in writing. This Security Instrument will not secure
any debt for which a non -possessory, non -purchase money security interest is created in "household goods" in
connection with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive
credit practices, This Security Instrument will not secure any debt for which a security interest is created in
"margin stock" and Lender does not obtain a "statement of purpose," as defined and required by federal law
governing securities. This Security Instrument will not secure any other debt if Lender, with respect to that
other debt, fails to fulfill any necessary requirements or fails to conform to any limitations of the Truth in
Lending Act (Regulation Z) or the Real Estate Settlement Procedures Act (Regulation X) that are required for
loans secured by the Property,
D. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security
Instrument.
5. LIMITATIONS ON CROSS -COLLATERALIZATION. The cross -collateralization clause on any existing or future
loan, but not including this Loan, is void and ineffective as to this Loan, including any extension or refinancing.
The Loan is not secured by a previously executed security instrument if a non -possessory, non -purchase money
security interest is created in "household goods" in connection with a "consumer loan," as those terms are
defined by federal law governing unfair and deceptive credit practices. The Loan is not secured by a previously
executed security instrument if Lender fails to fulfill any necessary requirements or fails to conform to any
limitations of the Real Estate Settlement Procedures Act, (Regulation X), that are required for loans secured by the
Property or if, as a result, the other debt would become subject to Section 670 of the John Warner National
Defense Authorization Act for Fiscal Year 2007,
HEATHER N SENTER
North Carolina Deed Of Trust
NC/4XKHANNON00000000001475050N Wolters Kluwer Financial Services °1996, 2018 Bankers SystemsT'"
Book 6125 Page 490
The Loan is not secured by a previously executed security instrument if Lender fails to fulfill any necessary
requirements or fails to conform to any limitations of the Truth in Lending Act, (Regulation Z), that are required for
loans secured by the Property.
6, PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when due and in
accordance with the terms of the Secured Debts and this Security Instrument.
7. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by
this Security Instrument and has the right to irrevocably grant, convey and sell the Property to Trustee, in trust,
with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of record.
8. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other
lien document that created a prior security interest or encumbrance on the Property, Grantor agrees:
A. To make all payments when due and to perform or comply with all covenants.
B. To promptly deliver to Lender any notices that Grantor receives from the holder,
C. Not to allow any modification or extension of, nor to request any future advances under any note or
agreement secured by the lien document without Lender's prior written consent.
9. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease payments,
ground rents, utilities, and other charges relating to the Property when due, Lender may require Grantor to provide
to Lender copies of all notices that such amounts are due and the receipts evidencing Grantor's payment, Grantor
will defend title to the Property against any claims that would impair the lien of this Security Instrument. Grantor
agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Grantor may have against
parties who supply labor or materials to maintain or improve the Property,
10. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt
to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance,
transfer or sale of all or any part of the Property, This right is subject to the restrictions imposed by federal law,
as applicable.
11. WARRANTIES AND REPRESENTATIONS. Grantor has the right and authority to enter into this Security
Instrument, The execution and delivery of this Security Instrument will not violate any agreement governing
Grantor or to which Grantor is a party.
12. PROPERTY CONDITION, ALTERATIONS, INSPECTION, VALUATION AND APPRAISAL. Grantor will keep the
Property in good condition and make all repairs that are reasonably necessary, Grantor will not commit or allow
any waste, impairment, or deterioration of the Property, Grantor will keep the Property free of noxious weeds and
grasses. Grantor agrees that the nature of the occupancy and use will not substantially change without Lender's
prior written consent. Grantor will not permit any change in any license, restrictive covenant or easement without
Lender's prior written consent. Grantor will notify Lender of all demands, proceedings, claims, and actions against
Grantor, and of any loss or damage to the Property.
No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent
except that Grantor has the right to remove items of personal property comprising a part of the Property that
become worn or obsolete, provided that such personal property is replaced with other personal property at least
equal in value to the replaced personal property, free from any title retention device, security agreement or other
encumbrance, Such replacement of personal property will be deemed subject to the security interest created by
this Security Instrument, Grantor will not partition or subdivide the Property without Lender's prior written
consent.
Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time and frequency for
the purpose of inspecting, valuating, or appraising the Property, Lender will give Grantor notice at the time of or
before an on-site inspection, valuation, or appraisal for on-going due diligence or otherwise specifying a reasonable
purpose. Any inspection, valuation or appraisal of the Property will be entirely for Lender's benefit and Grantor
will in no way rely on Lender's inspection, valuation or appraisal for its own purpose, except as otherwise
provided by law,
13. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants contained in this
Security Instrument, Lender may, without notice, perform or cause them to be performed, Grantor appoints Lender
HEATHER N SENTER
North Carolina Deed Of Trust ials
NC/4XKHANNON000o0000001475050N Wolters Kluwer Financial Services 101996, 2018 Bankers SystemsT"
Book 6125 Page 491
as attorney in fact to sign Grantor's name or pay any amount necessary for performance, Lender's right to
perform for Grantor will not create an obligation to perform, and Lender's failure to perform will not preclude
Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction
on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to
protect Lender's security interest in the Property, including completion of the construction.
14, ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably assigns, grants, conveys to Lender as additional
security all the right, title and interest in the following (Property).
A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the
use and occupancy of the Property, including but not limited to any extensions, renewals, modifications or
replacements (Leases),
B. Rents, issues and profits, including but not limited to security deposits, minimum rents, percentage rents,
additional rents, common area maintenance charges, parking charges, real estate taxes, other applicable taxes,
insurance premium contributions, liquidated damages following default, cancellation premiums, "loss of rents"
insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, general
intangibles, and all rights and claims which Grantor may have that in any way pertain to or are on account of
the use or occupancy of the whole or any part of the Property (Rents).
In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will also be
regarded as a security agreement, Grantor will promptly provide Lender with copies of the Leases and will certify
these Leases are true and correct copies. The existing Leases will be provided on execution of the Assignment,
and all future Leases and any other information with respect to these Leases will be provided immediately after
they are executed. Grantor may collect, receive, enjoy and use the Rents so long as Grantor is not in default,
Grantor will not collect in advance any Rents due in future lease periods, unless Grantor first obtains Lender's
written consent. Upon default, Grantor will receive any Rents in trust for Lender and Grantor will not commingle
the Rents with any other funds. When Lender so directs, Grantor will endorse and deliver any payments of Rents
from the Property to Lender, Amounts collected will be applied at Lender's discretion to the Secured Debts, the
costs of managing, protecting, valuating, appraising and preserving the Property, and other necessary expenses.
Grantor agrees that this Security Instrument is immediately effective between Grantor and Lender and effective as
to third parties on the recording of this Assignment. As long as this Assignment is in effect, Grantor warrants and
represents that no default exists under the Leases, and the parties subject to the Leases have not violated any
applicable law on leases, licenses and landlords and tenants. Grantor, at its sole cost and expense, will keep,
observe and perform, and require all other parties to the Leases to comply with the Leases and any applicable law,
If Grantor or any party to the Lease defaults or fails to observe any applicable law, Grantor will promptly notify
Lender. If Grantor neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at
Lender's option, enforce compliance, Grantor will not sublet, modify, extend, cancel, or otherwise alter the
Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so require) without
Lender's consent. Grantor will not assign, compromise, subordinate or encumber the Leases and Rents without
Lender's prior written consent, Lender does not assume or become liable for the Property's maintenance,
depreciation, or other losses or damages when Lender acts to manage, protect or preserve the Property, except
for losses and damages due to Lender's gross negligence or intentional torts, Otherwise, Grantor will indemnify
Lender and hold Lender harmless for all liability, loss or damage that Lender may incur when Lender opts to
exercise any of its remedies against any party obligated under the Leases.
15. DEFAULT. Grantor will be in default if any of the following events (known separately and collectively as an
Event of Default) occur:
A. Payments. Grantor fails to make a payment in full when due.
B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf
of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the
voluntary or involuntary termination of existence by, or the commencement of any proceeding under any
present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or
against Grantor, Borrower, or any co-signer, endorser, surety or guarantor of this Security Instrument or any
other obligations Borrower has with Lender,
C. Death or Incompetency, Grantor dies or is declared legally incompetent.
HEATHER N SENTER
North Carolina Deed Of Trust
NC/4XKHANNON00000000001475050N Wolters Kluwer Financial Services 01996, 2018 Bankers SystemsT'"
Book 6125 Page 492
D. Failure to Perform. Grantor fails to perform any condition or to keep any promise or covenant of this
Security Instrument.
E. Other Documents. A default occurs under the terms of any other document relating to the Secured Debts.
F. Other Agreements. Grantor is in default on any other debt or agreement Grantor has with Lender.
G. Misrepresentation. Grantor makes any verbal or written statement or provides any financial information that
is untrue, inaccurate, or conceals a material fact at the time it is made or provided.
H. Judgment. Grantor fails to satisfy or appeal any judgment against Grantor.
1. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority.
J. Name Change. Grantor changes Grantor's name or assumes an additional name without notifying Lender
before making such a change.
K. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property. This condition
of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON
SALE section.
L. Property Value. Lender determines in good faith that the value of the Property has declined or is impaired.
M. Insecurity. Lender determines in good faith that a material adverse change has occurred in Grantor's
financial condition from the conditions set forth in Grantor's most recent financial statement before the date of
this Security Instrument or that the prospect for payment or performance of the Secured Debts is impaired for
any reason.
16. REMEDIES. On or after the occurrence of an Event of Default, Lender may use any and all remedies Lender
has under state or federal law or in any document relating to the Secured Debts, including, without limitation, the
power to sell the Property. Any amounts advanced on Grantor's behalf will be immediately due and may be added
to the balance owing under the Secured Debts. Lender may make a claim for any and all insurance benefits or
refunds that may be available on Grantor's default.
Subject to any right to cure, required time schedules or any other notice rights Grantor may have under federal
and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts
immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of an
Event of Default or anytime thereafter.
If there is an occurrence of an Event of Default, Trustee will, in addition to any other permitted remedy, at the
request of Lender, advertise and sell the Property as a whole or in separate parcels at public auction to the highest
bidder for cash, after having first given such notice of hearing as to commencement of foreclosure proceedings
and obtained such findings or leave of court as may be then required by law, and convey a trustee's deed that
conveys all right, title and interest to the Property that was sold to the purchaser(s) at such time and place as
Trustee designates. Trustee will give notice of sale including the time, terms and place of sale and a description
of the property to be sold as required by the applicable law in effect at the time of the proposed sale.
Upon sale of the property and to the extent not prohibited by law, Trustee will pay all fees, charges and costs,
including Trustee's commission, will pay to Lender all moneys advanced for repairs, taxes, insurance, liens,
assessments and prior encumbrances and interest thereon, and the principal and interest on the Secured Debts,
and paying any surplus as required by law. Trustee's commission will be 5 percent of the gross proceeds of the
sale for a completed foreclosure. Lender or its designee may purchase the Property,
Upon any sale of the Property, Trustee will make and deliver a trustee's deed that conveys all right, title and
interest to the Property that was sold to the purchaser(s). The recitals in any deed of conveyance will be prima
facie evidence of the facts set forth therein.
All remedies are distinct, cumulative and not exclusive, and Lender is entitled to all remedies provided at law or
equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment
on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not
constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising
any remedy, Lender does not waive Lender's right to later consider the event a default if it continues or happens
again.
17. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after the occurrence of an Event of Default, to the
extent permitted by law, Grantor agrees to pay all expenses of collection, enforcement, valuation, appraisal Ob
HEATHER N SENTER
North Carolina Deed Of Trust )6)t
iti�j,�'
NC/4XKHANNON00000000001475050N Wolters Kluwer Financial Services ®1996, 2018 Bankers SystemsT"' II
Book 6125 Page 493
protection of Lender's rights and remedies under this Security Instrument or any other document relating to the
Secured Debts. Grantor agrees to pay expenses for Lender to inspect, valuate, appraise and preserve the Property
and for any recordation costs of releasing the Property from this Security Instrument. Expenses include, but are
not limited to, reasonable attorneys' fees not exceeding 15 percent of the outstanding balance on the Secured
Debts. These expenses are due and payable immediately. If not paid immediately, these expenses will bear
interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms
of the Secured Debts. In addition, to the extent permitted by the United States Bankruptcy Code, Grantor agrees
to pay the reasonable attorneys' fees incurred by Lender to protect Lender's rights and interests in connection
with any bankruptcy proceedings initiated by or against Grantor.
18. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law
means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA,
42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney
general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous
substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or
contaminant which has characteristics which render the substance dangerous or potentially dangerous to the
public health, safety, welfare or environment. The term includes, without limitation, any substances defined as
"hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance"
under any Environmental Law.
Grantor represents, warrants and agrees that;
A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been,
is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about
the Property, except in the ordinary course of business and in strict compliance with all applicable
Environmental Law,
B. Except as previously disclosed and acknowledged in writing to Lender, Grantor has not and will not cause,
contribute to, or permit the release of any Hazardous Substance on the Property.
C. Grantor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs
on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a
violation of any Environmental Law concerning the Property. In such an event, Grantor will take all necessary
remedial action in accordance with Environmental Law,
D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no knowledge of or
reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to
(1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Grantor or any
tenant of any Environmental Law. Grantor will immediately notify Lender in writing as soon as Grantor has
reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event,
Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive
copies of any documents relating to such proceedings.
E. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have been,
are and will remain in full compliance with any applicable Environmental Law.
F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage
tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be
added unless Lender first consents in writing.
G. Grantor will regularly inspect the Property, monitor the activities and operations on the Property, and
confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and
complied with.
H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the
Property and review all records at any reasonable time to determine (1) the existence, location and nature of
any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude
of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not
Grantor and any tenant are in compliance with applicable Environmental Law.
I. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a qualified
environmental engineer to prepare an environmental audit of the Property and to submit the results of such
HEATHER N $ENTER
North Carolina Deed Of Trust Initla
NC/4XKHANNON00000000001475050N Wolters Kluwer Financial Services 01996, 2018 Bankers SystemsTM
a
6
Book 6125 Page 494
audit to Lender, The choice of the environmental engineer who will perform such audit is subject to Lender's
approval.
J. Lender has the right, but not the obligation, to perform any of Grantor's obligations under this section at
Grantor's expense.
K. As a consequence of any breach of any representation, warranty or promise made in this section, (1)
Grantor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all
losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses,
including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or
assigns may sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in return
Grantor will provide Lender with collateral of at least equal value to the Property without prejudice to any of
Lender's rights under this Security Instrument,
L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of this
section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title
to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary
are hereby waived.
19. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action by private or
public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other
means. Grantor authorizes Lender to intervene in Grantor's name in any of the above described actions or claims.
Grantor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or
other taking of all or any part of the Property. Such proceeds will be considered payments and will be applied as
provided in this Security Instrument, This assignment of proceeds is subject to the terms of any prior mortgage,
deed of trust, security agreement or other lien document.
20, ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender funds for taxes and
insurance in escrow.
21. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee and appoint a
successor without any other formality than the designation in writing, The successor trustee, without conveyance
of the Property, will succeed to all the title, power and duties conferred upon Trustee by this Security Instrument
and applicable law.
22. USE OF PROPERTY. Grantor shall not use or occupy the Property in any manner that would constitute a
violation of any state and/or federal laws involving controlled substances, even in a jurisdiction that allows such
use by state or local law or ordinance. In the event that Grantor becomes aware of such a violation, Grantor shall
take all actions allowed by law to terminate the violating activity. Violation of this paragraph is a material breach
of this agreement and constitutes an Event of Default.
23. APPLICABLE LAW. This Security Instrument is governed by the laws of North Carolina, the United States of
America, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the
extent such state laws are preempted by federal law.
24. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this Security
Instrument are independent of the obligations of any other Grantor, Lender may sue each Grantor individually or
together with any other Grantor, Lender may release any part of the Property and Grantor will still be obligated
under this Security Instrument for the remaining Property. Grantor agrees that Lender and any party to this
Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any
evidence of debt without Grantor's consent. Such a change will not release Grantor from the terms of this
Security Instrument, The duties and benefits of this Security Instrument will bind and benefit the successors and
assigns of Lender and Grantor.
25. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or
modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made in
writing. This Security Instrument and any other documents relating to the Secured Debts are the complete and
final expression of the agreement. If any provision of this Security Instrument is unenforceable, then the
unenforceable provision will be severed and the remaining provisions will still be enforceable.
HEATHER N SENTERr �
North Carolina Deed Of Trust t
NC/4XKHANNON00000000001475050N Wolters Kluwer Financial Services 01996, 2018 Bankers SystemsTM Page 7
Book 6125 Page 495
26. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The
section headings are for convenience only and are not to be used to interpret or define the terms of this Security
Instrument,
27. NOTICE, ADDITIONAL DOCUMENTS AND RECORDING FEES. Unless otherwise required by law, any notice
will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE
AND PARTIES section, or to any other address designated in writing. Notice to one Grantor will be deemed to be
notice to all Grantors. Grantor will inform Lender in writing of any change in Grantor's name, address or other
application information, Grantor will provide Lender any other, correct and complete information Lender requests
to effectively mortgage or convey the Property. Grantor agrees to pay all expenses, charges and taxes in
connection with the preparation and recording of this Security Instrument, Grantor agrees to sign, deliver, and file
any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve
Grantor's obligations under this Security Instrument and to confirm Lender's lien status on any Property, and
Grantor agrees to pay all expenses, charges and taxes in connection with the preparation and recording thereof,
Time is of the essence,
SIGNATURES. By signing under seal, Grantor agrees to the terms and covenants contained in this Security
Instrument, Grantor also acknowledges receipt of a copy of this Security Instrument.
GRANTOR:
as J (Seal)
WILLIAM NEIL S NTER
*ETHER
I (Seal)
S NTER
ACKNOWLEDGMENT.It
OF OF
A,fV4
Ea do hereby certify that WILLIAM NEIL SENTER and HEATHER
SENTER who is/are known to me or proved to me on the basis of satisfactory evidence to be the person(s)
described, personally appeared before me this day and acknowledged the due and voluntary execution of the
foregoing instrument for the purpose stated therei "-
Witness my hand and official seal, this the dad! of �,
My commission expires:— f
®`tttt!!"a�rop� (Notary Public)
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HEATHER N SENTER
North Carolina Deed Of Trust /x`
1j
NC/4XKHANNON0000000000147505ON Wolters Kluwer Financial Services °1996, 2018 Bankers Systems"'
Book 6125 Page 496
Exhibit A
Tract 1:
BEING all of Tract.13 as shown on that map entitled "Recombination Plat for James E.
Schoolfield and wife Rhonda P. Schoolfield and John R. Corbett" dated October 27, 2017,
prepared by Benjamin C. Brown, Land Surveyor, said map being duly recorded in Map
Bool(63, Page 389, of the New ffanover County Registry,'
Tract 2:
Beginning at a point at the easternmost corner of Lot 39 of Section I of Shinn
Point as shown on a map recorded in Map Book 18, Page 71, of the New Hanover
County Registry; running thence along the southern edge of the boat access canal
conveyed to Shinn Point Homeowner's Association, Inc. as Tract 4 in a Deed
recorded in Book 1871, Page 086, in the New Hanover County Registry, the
following courses and distances: South 37 degrees 34 minutes 52 seconds east
157.80 feet to a point; thence south 39 degrees 45 minutes 17 seconds east 116.30
feet to a point; thence south 57 degrees 54 minutes 41 seconds east 70.51 feet to a
point; thence south 28 degrees 13 minutes 04 seconds west 164.10 feet to a point;
thence south 25 degrees 35 minutes 25 seconds west 166.48 feet to a point; thence
south 11 degrees 38 minutes 48 seconds west 243.08 feet to a point; thence south
22 degrees 30 minutes 57 seconds east 179.43 feet to a point; thence south 28
degrees 23 minutes 06 seconds east 104.49 feet to a point; thence south 44 degrees
44 minutes 12 seconds east 96.61 feet to a point; thence south 70 degrees 52
minutes 32 seconds east 111.09 feet to a point; thence south 78 degrees 20 minutes
10 seconds east 169.03 feet to a point; thence south 60 degrees 43 minutes 05
seconds east 79.62 feet to a point in the southern line of the Shinn Point tract;
thence with said southern line of the Shinn Point tract the following courses and
distances: north 79 degrees 06 minutes west 290.68 feet to a point; thence north 53
degrees 24 minutes west 242.60 feet to a point; thence north 29 degrees 03
minutes west 214.33 feet to a point; thence north 9 degrees 22 minutes east 277.17
feet to a point; thence north 46 degrees 34 minutes west 334.40 feet to a point;
thence north 26 degrees 21 minutes east 329.80 feet to a point marking the
southernmost corner of said Lot 39; thence along the southeastern boundary line of
said Lot 39 north 64 degrees 44 minutes east 83.33 feet to the point of beginning.
a ■■N Roy Cooper. Governor
00 i NC DEPARTMENT OF Susi Hamilton, Secretary
notan NATUPAL AND CULTURAL RESOURCES
E sow Walter Clark, Director, Land and Mater Stewardship
NCNHDE-10412
October 9. 2019
Troy Beasley
Withers & Ravenel
115 MacKenan Drive
Cary, NC 27511
RE. 6313 Guinea Lane, 03180633.00
Dear Troy Beasley.
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence, the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund
easement, or Federally -listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodnev.butlerWncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
1:1 W. JONES STREET, PALE01_ P<_ 27603 - 16S1 MAIL SERVICE CENTER. RALEIGH. NC 276"
OFC !J19 747.9120 • FAX 919.707.4121
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
6313 Guinea Lane
Project No. 03180633.00
October 9, 2019
NCNHDE-10412
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
Date Rank A
Animal 18575 Waterbird Colony --- 2001-06-27 D 3 -Medium --- --- GNP S3
Assemblage
Animal 32508 Waterbird Colony --- 2009-07-29 CD 2 -High --- --- GNP S3
Assemblage
Bird 27221 Haematopus palliatus American 2007 C? 4 -Low --- Special G5 S2S3B,
Oystercatcher Concern S3N
Bird 8340 Passerina ciris Painted Bunting 2017-05-08 AB 3 -Medium --- Special G5 S213
Concern
Bird 36715 Sternula antillarum Least Tern 1983-05-19 D 3 -Medium --- Special G4 S313
Concern
Freshwater Fish38937 Acipenser oxyrinchus Atlantic Sturgeon 2018-09 E 4 -Low Endangered Endangered G3T3 S2
oxyrinchus
Mammal 24390 Corynorhinus Eastern Big -eared Bat 2006 -Pre E 5 -Very --- Special G3G4T S3
rafinesquii macrotis Low Concern 3
Mammal 32126 Myotis septentrionalis Northern Long-eared 1994 -Post E 5 -Very Threatened Threatened G1G2 S2
Bat Low
Mammal 17664 Trichechus manatus West Indian Manatee 2018-08-13 E 5 -Very Threatened Threatened G2 SIN
Low
Reptile 3970 Alligator American Alligator 2018-02-26 E 4 -Low Threatened Threatened G5 S3
mississippiensis Similar
Appearance
Vascular Plant 22550 Aristida condensate Big Three -awn Grass 1931-08-30 H 5 -Very --- Threatened G4? S2
Low
Vascular Plant 30852 Baccharis Silverling 1904 -Pre H 5 -Very --- Special G4 S1
glomeruliflora Low Concern
Historical
Vascular Plant 26330 Corallorhiza wisteriana Spring Coral -root 1972-03 H 3 -Medium --- Significantly G5 S1
Rare Other
Vascular Plant 814 Ludwigia alata Winged Seedbox 1963 H 4 -Low --- Significantly G3G5 S2
Rare
Peripheral
Page 2 of 4
Element Occurrences Documented Within a One-mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common NameLast Element Accuracy Federal State Global State
c
p IObser n Occurrence Status Status Rank Rank ift
A _ D Rank
Vascular Plant 10130 Ludwigia ravenii Raven's Seedbox 1963-09-15 H 4-Low --- Threatened G1G2 S1
Vascular Plant 479 Polygonum glaucum Seabeach Knotweed 1978-Pre H 4-Low --- Endangered G3 S1
Natural Areas Documented Within a One -mile Radius of the Project Area
Representational Rating ctive Rating
Masonboro Island R1 (Exceptional) C1 (Exceptional)
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name Owner Owner Type
Masonboro Island Component of the North Carolina NC DEQ, Division of Coastal Management State
National Estuarine Research Reserve
New Hanover County Open Space New Hanover County. multiple local Local Government
government
Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.org/content/helr). Data query generated on October 9, 2019; source: NCNHP, Q3 Jul 2019.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 3 of 4
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