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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 Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington IF7721VJ H1210N AlN(10D 213/�ONVH MIN NOlONIWIIM s�oA.—S ls�-21d l --a .3 HDd39 11]IAS1HDRIM �auanedsJayaiM ll[ �1 (E loz) adnb sDsn 3NdI d3NInD E L£911 pautloto u.rudt nst�y�T C} O! i II — I � r z q t! 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SOIL SURVEY 1110WithersRavenel 11 SHEET 20 (1977) No Engineers I Planners I Surveyors EON NEW HANOVER COUNTY NORTH CAROLINA I \ \ W W W W W W \ I 1 � \ W W 25 CONSERVATION W RESOURCE SETBACK PROPERTY BOUNDARY �✓ / W W W W W W W W WETLANDS 25 CONSERVATION RESOURCE SETBACK W W W W W W W W W W W W W W W W \ W W W W W W W W W W W W W � `• //{/ 1 - kt�� / I W W W W W W W W W W W yy / �•'1�� i��� / � \ J •4'�• /� W W W W W 2 W"_ W W W � • W� O/ \ \ \\\ W W W W W \\ W W W W W \ \\ \ \ / \ •Y W W W UW W ••�Qu W 7l\'Vl� WETLAND IMPACT 1 FROgZ)) 45, ` LOCATION \ \ \ \ Raw \ \ GRAPHIC SCALE 60 0 30 60 120 1 inch = 60 ft. E \ WETLANDS 25 CONSERVATION RESOURCE SETBACK _ PROPOSED / SWALE / EXISTING / CULVERT LIMITS OF DISTURBANCE W W \ EXISTING GRAVEL DDRIVEWAY I � I L � / WETLANDS / .I. .V 0 / / 25 CONSERVATION / RESOURCE SETBACK /< \ / a ° Co GRAPHIC SCALE 20 0 10 20 40 1 inch = 20 ft. 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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 ------------ - / --v ccreuvAncN ! xrnrmzg , n.. NOAWN)WOarr MVS Ag uamr DOC owNW[X.NMY UI. CaVICIQnE C317"NMAalA6ra,G `S BWOFFANUST GRMU19:GYAIIa4 e4,LL,D1p1a NG Pd ICJ ,ry rl'J DiCiii�•/{�rG:if1�r. - ® marraaaermera IR *AyatArmt JIVAC GA" MP%r ® Lir^ MW v" ® aa�aaes /xAwror: w>aec m Q r M N -kRVAT. . R- 3A.]4 • �:1Ji®EY.WAG Gl9 L1fG. H W. 249th "-R-5a-L- i20a-OK1FaKJRNGN 65 QY.. /9A/A: Il YG. E .O1- rzar -01-69.1.9' 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 PlasfDc'1�-mnrD:4[`-/2' '� cwienro a• -:m d Lit': rm '.,YAxt f / aremnea - 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) 5jEP ` I✓# ��s r 9 �w AI 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 NCNHDE-1641 2: 6313 Guinea Lane c % � to 4P a cratl•wyb Z7 y� Itd.Mntt� :r• wL Mssonboro October 9, 2019 ❑ Project Boundary ❑ Buffered Project Boundary .a Wrd•ne s.gt NHP Natural Area (NH NA) C; Managed Area (MAREA) S� , METE. Evr China [Hong 1Cgrgj_ (c) OpenSireeWap YQ user Cammurtiry 3 Tu,�k r0w� �n�Mll Or R �¢nyy xYn Or B yd ,� 5 ei rt c % � to 4P a cratl•wyb Z7 y� Itd.Mntt� :r• wL Mssonboro October 9, 2019 ❑ Project Boundary ❑ Buffered Project Boundary .a Wrd•ne s.gt NHP Natural Area (NH NA) C; Managed Area (MAREA) Page 4 of 4 1:20,950 UI�enAr 0 0.175 0.35 C'�• I.rmerral Yip 0 0.275 0.55 .a Wrd•ne s.gt Sources: Esri. HERE, Garmin, Iniermap, i--nl P Corp., GE9CO, 115GS. FAO, NPS, NRCAN, G—° 3—. IGN, Had- HL, Ordnance r4 , METE. Evr China [Hong 1Cgrgj_ (c) OpenSireeWap YQ user Cammurtiry 3 Tu,�k r0w� �n�Mll Or Page 4 of 4 1:20,950 0 0.175 0.35 0.7 mi 0 0.275 0.55 1.1 km Sources: Esri. HERE, Garmin, Iniermap, i--nl P Corp., GE9CO, 115GS. FAO, NPS, NRCAN, G—° 3—. IGN, Had- HL, Ordnance Survey. Esri ,lepan. , METE. Evr China [Hong 1Cgrgj_ (c) OpenSireeWap cantr8ml°r5, and the GIS user Cammurtiry