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HomeMy WebLinkAbout20200189 Ver 1_CAMA Application_20200129ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director January 29, 2020 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) Gregg. bodnarQilncdenr.Gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Shelly & Charles Honeycutt Project Location: 279 Kilmarlic Club Drive, Lot 131 in Currituck County Proposed Project: Clear, fill and grade site to construct a single-family dwelling, pool, driveway and parking area Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by February 19, 2020. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE rvMmcNwouD_E Q � ow,wixaumw.mm o.w,� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 I Elizabeth City, North Carolina 27909 252.264.3901 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Shelly and Charles Honeycutt 2. LOCATION OF PROJECT SITE: 279 Kilmarlic Club Drive, Lot 131, off of SR #1112, Powells Point, Currituck County, N.C. 27966, adjacent to the Albemarle Sound. Lat/Long: 360 6'19.04"N, 75°50'58.61"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 1/15/2020 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received Complete — 1/21/2020 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Currituck County Land Classification From LUP - Limited Service (B) AEC(s) Involved: Estuarine Shoreline (ES) (C) Water Dependent: No (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing - None Planned - Septic (F) Type of Structures: Existing — None Planned - Single family dwelling with attached accessory building, a concrete pool, wooded decks and a concrete driveway. (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA, square feet (ft2)] FILLED OTHER (A) Estuarine Shoreline AEC ±3,664 ft2 ±8,563ft2 (Built upon, (Disturbed) Including ±2,829 ft2 Impervious coverage) (B) USACE 404-wetlands landward of AEC ± 191 ft2 (C) Additional area landward of Estuarine ± 5,232 ft2 ± 7,471 ft2 Shoreline AEC (Built upon, (Disturbed) Including 4,967 ft2 Impervious coverage) Shelly and Charles Honeycutt Field Investigation Report Page 2 (D) Total Area Disturbed: ±25,121 ft2 (0.58 acres) (Entire lot) (E) Primary Nursery Area: No (F) Water Classification: SB Open to Shellfishing: No 8. PROJECT SUMMARY: The applicant proposes to clear, fill, and grade the site to construct a single family dwelling, pool, driveway, and parking area partially within the CAMA Estuarine Shoreline AEC that involves USACE 404-wetland fill landward of the AEC. Protect Setting The project is located at 279 Kilmarlic Club Drive, Lot 131, off of SR #1112, Powells Point, Currituck County, N.C. 27966, adjacent to the Albemarle Sound. The property is ± 25,121 ft2 (0.58 acres) ih size and has an elevation approximately 5' above NWL. The property has been partially graded with no man made features in the high ground area. Vegetation includes 404-wetlands, yard grasses, and a few remaining trees. The wetlands located on the property have been delineated by the USACE, ±1,746 ft2 in size, and is primarily vegetated by Phragmites. The properties shoreline is ± 160' and has been hardened though vinyl bulkheading. According to the USDA's Natural Resources Conservation Service's Web Soil Survey, the soil on the property is made up of conetoe loamy sand (CnA). Based on available information, no archaeological sites are on or near this property. The Albemarle Sound is classified as Coastal Waters by agreement with the Marine Fisheries Commission and Wildlife Resources Commission. The Division of Environmental Management's water quality classification for the Albemarle Sound is SB and it is closed to shellfish taking. The adjacent riparian property to the northwest is contains single family dwelling with a bulkheaded shoreline. The adjacent riparian property to the southeast is the Fortune Bay Golf Club. This majority of this parcel is undeveloped. The property contains a large wetland area and has an unhardened shoreline. Development Proposal The applicant proposes to construct a two story single family dwelling with an attached accessory building, a concrete pool, wooden decking and a concrete driveway landward of the CAMA 30' Buffer. This project is projected to include ±2,829 ft2 of impervious coverage located within the CAMA 75' AEC (23%). To complete this project, the applicant proposes to fill ± 191 ft2 of the existing ±1,746 ft2 of delineated USACE 404-wetlands within a depression located landward of the 75' ES AEC. During construction, the area will be stabilized by the use of a silt fence. It is anticipated that the applicant will need to apply for a state storm water permit from NC DEMLR. Anticipated Impacts The proposed development will result ±2,829 ft2 of impervious coverage within the CAMA 75' AEC (23%). Shelly and Charles Honeycutt Field Investigation Report Page 3 The proposed development will result in ±4,967 ftz of impervious coverage landward of the 75' CAMA AEC. The proposed development will result in the disturbance of the entire lot, ±25,121 ftZ Submitted by: Robert Corbett Date: 1 /2712020 December 12, 2019 Division of Coastal Management Elizabeth City DCM District Office 401 S. Griffen Street. Ste. 300 Elizabeth City, NC 27909 To whom it may concern, design ( build g r o a p 252 - 722 - 5227 p. a_ box 1216 kitty hawk, nc 27949 mntddbgs gmai1"m Please find below the Project Narrative for the development of the residential Lot fi 131, 279 Kilmarlic Club Drive, Kilmarfic Club, Powells Point, North Carolina. We propose the construction of single family dhiTIling with an attached, residential accessory building meeting the restrictions set forth by the Currituck County Zoning Department. The home shad meet all the covenants of the Homeowners Association and reflect the aesthetics of this unique community. The allowable buildable footprint for the home is defined by several unalterable conditions: (1) The wetlands, sound front AEC and LAMA setbacks which define not only the house location but also that of the on -site waste hater treatment system. This system has to meet specific setbacks away from those areas (2) The driveway required to access the house, has to skirt that system, is sized to meet the parking requirements of the Currituck County Zoning Department (3) The Site Plan was designed by House Engineering of Kitty Hawk, North Carolina, to also manage storm water on the site. This plan was derived considering subsurface soil conditions to allow for the proper absorption of said water within shallow swales (4) These requirements created a "pocket" (See attached Site Plan) into which the house was placed. We have attempted to avoid any infringement of the wetlands on the Northeast corner of the property. Our goal was to minimize any impact to this area The home will be constructed with typical means and methods of construction for the coastal environment of the Outer & Inner Banks of North Carolina, meeting or exceeding the International Building Code and integrating practical experience from 25 years of construction and 35 years of residential design within this region. Residence will be built on a treated wood piling foundation angered and driven into the ground with a wooden floor height within the HOA standards. Standard wall and roof systems will be constructed above the foundation. The exterior shall be finished with exterior materials approved by the HOA and the Currituck County Building Inspections Department. If you have any questions relative to the scope of work for this home please feel free to contact me at the above information. Sincerely, C. Matthew Dixon Page 1 of I gem Mr-1 APPLICATION for Major Development Permit JAN 3 (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryApplicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name MI Honeycutt Shelly S Applicant 2: First Name MI Last Name Charles B Honeycutt If additional applicants, please attach an additional page(s) with names listed. Mailing Address City 114 N River Beach Road PO Box Jarvisburg State NC ZIP Country Phone No. FAX No. 27947 USA 252 - 573 - 7150 ext. - Street Address ffdifferent from above) city State ZIP Email brant@casncals.com shellyshoneycutt@gmail.com 2. Agent/Contractor information Business Name Dixon Design -Build Group, Inc Agent/ Contractor 1: First Name MI Last Name - Matt C Dixon Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State P. O. Box 1216 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252 -722- 5227 ext. - - ext. FAX No. Contractor # 80236 NC General Conti actor License: Intermediate Building StreetAddress (if different from above) City State ZIP 190 W Mobile Road Harbinger NC 27941 - Email mattddbg^,gmail.com <Form continues on back> 3. Project Location County (can be multiple) Street Address State Rd. # Currituck 279 Kilmarlic Club Drive 159 Subdivision Name City State Zip Kilmarlic Club Powells Point NC 27966- Phone No. Lot No.(s) (if many, attach additional page with list) ext. 131 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Albemarle Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. Natural Manmade Unknown Albemarle Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the Yea No proposed work falls within. Currituck County, NC 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 174 Feet 25,121 square feet c. Size of individual lot(s) d. Approximate elevation or tract above NHW (normal high water) 25,121 square feet or NWL (normal water level) 4.5' NHW (If many lot sizes, please attach additional page with a list) NHW or NWL e. Vegetation on tract (4) four pine trees and grass f. Man-made features and uses now on tract Bulkhead along waterfront; otherwise none g. Identify and describe the existing land uses adjacent to the proposed project site. Property to the right (west) is a lot with a residence; marshland to the left (east); property to the north is a lot with a residence: south is the Albemarle Sound h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) Residential, single family ygg No NA j. Is the proposed activity pan of an urban waterfront redevelopment proposal? Yes H2 k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. Yes No NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a Yes No NA National Register listed or eligible property? <Form continues on next page> m. (i) Are there wetlands on the site? Yes No (n) Are there coastal wetlands on the site? Yes NQ (iii) If yes to either (i) or (ii) above, has a delineation been conducted? Yes No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. None; Individual septic system to be installed; See attached Site Plan by House Engineering ►AN o. Describe existing drinking water supply source. County water supply p. Describe existing storm water management or treatment systems. None; Storm water plan designed for the property: See Attached plan by House Engineering; Dave Neff, Project Manager 5. Activities and Impacts a. Will the project be for commercial, public, or private use? Commercial Public/Government Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Single family residence c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Wood frame construction over 8" x 8" pilings: Auger and pile driving truck for piling Install: forklift to move daily materials: workers trucks on street side of property. d. List all development activities you propose. Typical daily residential construction methods of permitted lot fill, grading per approved Storm Water Plan, Pile insertions; typical residential wood frame construction activities; forklift and small vehicle activity e. Are the proposed activities maintenance of an existing project, new work, or both? New Construction I. What is the approximate total disturbed land area resulting from the proposed project? Sq.Ft or Acres See attached Land Plan for specific areas other than: 3,664 sq ft AEC; 8,896 sq ft other g. Will the proposed project encroach on any public easement, public accessway or other Yes Nn NA area that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Currently the undeveloped property is relatively flat with natural drainage. Proposed Storm Water Plan uses on -site storm water retention per plan by House Engineering; See attached plan. i. Will wastewater or stormwater be discharged into a wetland? Yes Na NA If yes, will this discharged water be of the same salinity as the receiving water? Yes No NA j. Is there any mitigation proposed? Yes No NA If yes, attach a mitigation proposal. <Form continues on back> 6. Additional Information In addition to this completed application form, (MP-f) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (n are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. See attached b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. Residence is in Preliminary Design Phase per Site Plan; awaiting CAMA PERMIT approval; Completed Site Plan attached c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. On Site Plan d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. See attached e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Derek Stallings Phone No. 252.306.8077 Name Fortune Bay Golf Club Ile Phone No. 252.261.2158 Address 281 Kilmarlic Club Drive, Powells Point, NC 27966 Address 1435 Crossways Blvd. Ste 300, Chesapeake, VA 23320 Name Peter & Janet F. Sigalos Phone No. Address 350 Liberty Corners Road, Pine Island, NY 10969 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. None known by Property Owner h. Signed consultant or agent authorization form, if applicable. See attached i. Wetland delineation, if necessary: See attached j. A signed AEC hazard notice for protects in oceanfront and inlet areas. (Must be signed by property owner) NIA k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. NIA 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date December 12, 2019 Print Name C. Matthew Dixon Signature Please indicate application attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information NIA DCM MP-5 Bridges and Culverts NIA DCM MP-3 Upland Development See Attached DCM MP-4 Structures Information N/A Received Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 4 2U DCM-EC Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-t. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe -below the -purpose -of proposed excavation andfor fill activities. All values should be given in feet-. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin- Rock Breakwater (excluding shoreline (NLW or NWL _ stabilization Length 47.5' Width 4' Avg. Existing NA NA Depth Final Project NA NA Depth a. Amount of material to be excavated from cubic yards. c. (I) Does the area to be excavated include coastal wellands)marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB). or other wetlands (WL)? It any boxes are checked, provide the number of square feet affected. ❑CW- ❑SAV OS13 _ OWL ❑None (it) Describe the purpose of the excavation in these areas: b. Type of material to be excavated. d. Nigh -ground excavation in cubic yards- 2. DISPOSAL OF EXCAVATED MATERIAL @(This section not applicable a. Location of disposal area, b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No DNA (it) it no, attach a letter granting permission from the owner. a. (I) Does the disposal area include any coastal wetlands/marsh (CW). submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlads (WL)? 11 any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ ❑M ❑None (11) Describe the purpose of disposal in these areas: d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No DNA (it) If yes; where? I. (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (i) If yes, how much water area is affected? 2ri2=an&=28n8 :: 9=888-Afit:r)AST :: r�xv✓_(.ec:csas?atn:.=_.nagemen4.ns*_ revised: 1V26(i)6 Fol m DUri , a z ._ _. _„ 3. SHORELINESTABIUiATION �T S maw a +6calle (if davelgpnlcvd is a wood groin, use W-4 — Shucfures) a. Type of shoreline stabilization: b. Ler4h: 08ulkhcad DRipap DBrenkwaterf Doiner c. Average distance waterward of NNW or NWt: e. Type of stabilization material: g. Number of square feet of rill to he placed below water level. Bulkhead backfill _ Riprap _ BreakwaterlSill Other _ I. Source of fill material - Width _ d. Maximum distance wader^wd of NHW w NWL- f. 0) Has there been stroretrne erosion duri g preceding 12 monfs DYes [-]No DNA (it) If yes, state amount of erosion and source of erosion amount h. Type of fell material. 4. OTHER FILL ACTIVITIES '-- -- — --- -- [IThisSection not a)wAmbb (Excluding Shorohne Stabilization) a (I) Wil fig material be brought to the site? R0411 DNo DNA b. O VVIa NI material be placed In coastal wellandshnarsh (CW). If yes, (ir) Amount of material to be placed in the water 0 (iii) Dimensions of fill area 191 sq. R. (iv) Purpose of to To construct a sinele family dwelline with an attached accessory building. 5. GENERAL a-Howwiil excmaled or fill material be kept on site and erosion controlled? Silt fence c. (I) Well navig8trone[ aids be required as a result of the project? Dyes No DNA (ii) If yes, explain what type and how they will be Implemented. Dale January 20, 2020 Project Nana Honeycutt Residence submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (VW)? If any boxes are checked, provide the number of squaw feet affected. 1py��y _ DSAV DSB _ Sdvtm 191 sa. ft C.INone (r) Describe the purpose of the fill in these areas: Sec 4a (iv) What type of construdion equipment will be used (e.g., dmgfine, backhoe. or hydraulic dredge)? b. Rubber tired backhoe d. (I) Will wetlands be 06ssed in transporting equipment to project site? DYes WNo DNA (a) It yes, explain steps that va be taken to avoid or miir prize enworvnental enpacts- Applicant Name Applicant Signature C. Matthew Dixon c Fywzct�;--V 252.808.2808 :: 1.888.411COAST :: www.ncc_oastaimanageement.net revi .ed: 12126106 Form DCM MP-3 Jki - 30 21-J UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. One Single Family Residence c. Density (give the number of residential units and the units per acre). One residence on 25,121 Sq. Ft. or .577 Acres e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Yes No NA (ii) If yes, list the date submitted: b. Number of lots or parcels. One d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 8,896 square feet: See Site Plan by House Engineering, attached as Building, Covered Decks, Driveway, Pool Deck, Pool surface f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Concrete Driveway, Building, Covered Decks, Pool Deck, Pool surface g. Give the percentage of the tract within the coastal shoreline AEC h. Projects that require a CAMA Major Development Permit may to be covered by impervious and/or built -upon surfaces, such as also require a Stormwater Certification. pavement, building, rooftops, or to be used for vehicular driveways (i) Has a site development plan been submitted to the Division of or parking. Water Quality for review? 29.97% (3,664 / 12,227 sq. fL) Yes No NA i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 36.41% (8,896 / 25,121 sq. ft.) j. Describe proposed method of sewage disposal. On -site private septic system; proposed "EZ Treat" I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industriall commercial effluent, "wash down" and residential discharges). Site Plan shows proposed Storm Water retention swales within "drainage & utility easement." (it) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? Yes No NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? Yes No NA If yes, attach appropriate documentation. /,,2 06-?U08'2 :: t 86(s"%UW Vf i'r ::) d.nccnr t dIt;,)n:;5r rn^ni.nox revised: 12126/06 m. Describe proposed drinking water supply source (e.g., well, community. public system. etc.) County municipal water system o. When was the lot(s) platted and recorded? Subdivision Platted & Recorded: 2-18-2003 Lot 131 Surveyed & Platted 3-29-19 / 5 40 Date n. (i) Will water be impounded? Yes No NA fii) It yes, how many acres? p. It proposed development is a subdivision, will additional utilities be installed for this upland development? Yes No NA Simple Electric Service Project Name �, �'` -- [ i��1!/i� t�f Applicant Name epplicant Signature wi - an =) Ck 919 ...A93 :. . i'.8.4Fa .. -. a: rnent.no4 revised: 11115102 IAN - 3 of DCN'i-E_C NORTH CAROLINA PURCHASE MONEY DEED OF TRUST SATISFACTION: The debt secured by the within Deed of Trust together with the note(s) secured thereby has been satisfied in full. This the day of , 20. Signed: Parcel Identifier No. 124F-000-0131-0000 Verified by County on the _ day of , 20_1 By: MafBox to: Brumsev & Brunnsev, P L L C P.O. Box 100 Currimcla NC 27929 This instrument was prepared by: Rose Himison & Gib*ath P.C., 700 Blue Jay $t Suite 1 Kill Devil Hills NC 27948 Brief description for the Index: Lot 13 [ The Kilmarlic Club THIS PURCHASE MONEY DEED of TRUST made this _ day of May, 2019, by and between: GRANTOR TRUSTEE BENEFICIARY Shelly Summerton Honeycutt, a married William Brumsey, IV Trustee Alfred E. Abiouness, Jr., Trustee of the woman P. O. Box 100 Alfred E. Abiouness Irrevocable Trust 114 N. River Beach Lane Currituck, NC 27929 4410 East Beach Drive Jarvisburg, NC 27947 Norfolk, VA 23518 Enter in auoropriate block for each It '^" name addr ss and if appropriate character of entity e ¢ corporation or parinershi The designation Grantor, Trustee, and Beneficiary as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that whereas the Grantor is indebted to the Beneficiary in the principal sum of One Hundred Thirty -Seven Thousand and 00/100 Dollars ($137.000.00), as evidenced by a Promissory Note of even date herewith, the terms of which are incorporated herein by reference. The final due date for payments of said Promissory Note, if not sooner paid, is June 1. 2024. Page l of 4 Association Form No. 5 0 Rcviacd C 7/2013 NOM Carolina Bar Association —NC Bar Form No. 5 Printed by Agreement with NC Bar Association .North Carolina Association of Realms ®. 1... - Standard Form 5 NOW, THEREFORE, as security for said indebtedness, advancements and other sums expended by Beneficiary pursuant to this Deed of Trust and costs of collection (including attorneys fees as provided in the Promissory Note) and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor has bargained, sold, given and conveyed and does by these presents bargain, sell, give, grant and convey to said Trustee, his heirs, or successors, and assigns, all of that certain lot, parcel(s) of land situated or condominium unit in the Town of Powells Point, Poplar Branch Township, Dare County, North Carolina, (the "Premises") and more particularly described as follows: ALL THAT certain lot, piece or parcel of land, with the buildings and Improvements thereon, situate, lying and being in the Poplar Branch Township, Currituck County, and being known, numbered and designated as Lot 131 on that certain plat entitled "The Kilmarlic Club Residential Golf Community, Poplar Branch Township, Currituck County, North Carolina", by Bissell Professional Group, as recorded in Plat Cabinet H, Slides 84 through 91, inclusive, reference to which plat is hereby made for a more complete and concise description. TO HAVE AND TO HOLD said Premises with all privileges and appurtenances thereinto belonging, to said Trustee, his heirs, successors, and assigns forever, upon the trusts, terms and conditions, and for the uses hereinafter set forth. If the Grantor shall pay the Note secured hereby in accordance with its terms, together with interest thereon, and any renewals or extensions thereof in whole or in part, all other sums secured hereby and shall comply with all of the covenants, terms and conditions of this Deed of Trust, then this conveyance shall be null and void and may be canceled of record at the request and the expense of the Grantor. If, however, there shall be any default (a) in the payment of any sums due under the Note, this Deed of Trust or any other instrument securing the Note and such default is not cured within ten (10) days from the due dale, or (b) if there shall be default in any of the other covenants, terms or conditions of the Note secured hereby, or any failure or neglect to comply with the covenants, terms or conditions contained in this Deed of Trust or any other instrument securing the Note and such default is not cured within fifteen (15) days after written notice, then and in any of such events, without further notice, it shall be lawful for and the duty of the Trustee, upon request of the Beneficiary, to sell the land herein conveyed at public auction for cash, after having first giving such notice of hearing as to commencement of foreclosure proceedings and obtained such findings or leave of court as may then be required by law and giving such notice and advertising the time and place of such sale in such manner as may then be provided by law, and upon such and any resales and upon compliance with the law then relating to foreclosure proceedings under power of sale to convey title to the purchaser in as full and ample manner as the Trustee is empowered. The Trustee shall be authorized to retain an attorney, to represent him in such proceedings. The proceeds of the Sale shall after the Trustee retains his commission, together with reasonable attorney's fees incurred by the Trustee in such proceedings, be applied to the costs of sale, including, but not limited to, costs of collection, taxes, assessments, costs of recording, service fees and incidental expenditures, the amount due on the Note hereby secured and advancements and other sums expended by the Beneficiary according to the provisions hereof and otherwise as required by the then existing law relating to foreclosures. The Trustee's commission shall be five percent (5%) of the gross proceeds of the sale or the minimum sum of ,j,Q,QQ whichever is greater, for a completed foreclosure. In the event foreclosure is commenced, but not completed, the Grantor shall pay all expenses incurred by Trustee, including reasonable attorney's fees, and a partial commission computed on five per cent (5%) of the outstanding indebtedness or the above stated minimum sum, whichever is greater, in accordance with the following schedule, to -wit: one fourth (1/4) thereof before the Trustee issues a notice of hearing on the right to foreclosure; one half (12) thereof after issuance of said notice, three -fourths (314) thereof after such hearing; and the greater of the full commission or minimum sum after the initial sale. And the said Grantor does hereby covenant and agree with the Trustee as follows: 1. INSURANCE. Grantor shall keep all improvements on said land, now or hereafter erected, constantly insured for the benefit of the Beneficiary against loss by fire, windstorm and such other casualties and contingencies, in such manner and in such companies and for such amounts, not less than that amount necessary to pay the sum secured by this Deed of Trust, and as may be satisfactory to the Beneficiary. Grantor shall purchase such insurance, pay all premiums therefor, and shall deliver to Beneficiary such policies along with evidence of premium payments as long as the Note secured hereby remains unpaid, if Grantor fails to purchase such insurance, pay premiums therefor or deliver said policies along with evidence of payment of premiums thereon, then Beneficiary, at his option, may purchase such insurance. Such amounts paid by Beneficiary shall be added to the principal of the Note secured by this Deed of Trust and shall be due and payable upon demand of Beneficiary. All proceeds from any insurance so maintained shall at the option of Beneficiary be applied to the debt secured hereby and if payable in installments, applied in the inverse order of maturity of such installments or to the repair or reconstruction of any improvements located upon the Property. 2. TAXES, ASSESSMENTS, CHARGES. Grantor shall pay all razes, assessments and charges as may be lawfully levied against said Premises within thirty (30) days after the same shall become due. In the event that Grantor fails to so pay all taxes, assessments Page 2 of 4 Association Form No. 5 m. Revised 72013 North Carolina Bra Associ&ion — NC Bar Form No. 5 Holed by Agreement with NC Bar Association North Carolina Association ofaeanton®, Inc. - Steadied Form 5 and charges as herein required, then Beneficiary, at his option, may pay the same and the amounts so paid shall be added to the principal of the Note secured by this Deed of Trust, and shall be due and payable upon demand of Beneficiary. 3. ASSIGNMENTS OF RENTS AND PROFITS. Grantor assigns to Beneficiary, in the event of default, all rents and profits from the land and any improvements thereon, and authorizes Beneficiary to enter upon and take possession of such land and improvements, to rent same, at any reasonable rate of rent determined by Beneficiary, and after deducting from any such rents the cost of reletting and collection, to apply the remainder to the debt secured hereby. 4. PARTIAL RELEASE. Grantor shall not be entitled to the partial release of any of the above described property unless a specific provision providing therefor is included in this Deed of Trust. In the event a partial release provision is included in this Deed of Trust, Grantor must strictly comply with the terms thereof. Notwithstanding anything herein contained, Grantor shall not be entitled to any release of property unless Grantor is not in default and is in full compliance with all of the terms and provisions of the Note, this Deed of Trust, and any other instrument that may be securing said Note. 5. WASTE. The Grantor covenants that he will keep the Premises herein conveyed in as good order, repair and condition as they are now, reasonable wear and tear excepted, and will comply with all governmental requirements respecting the Premises or their use, and that he will not commit or permit any waste. 6. CONDEMNATION. In the event that any or all of the Premises shall be condemned and taken under the power of eminent domain, Grantor shall give immediate written notice to Beneficiary and Beneficiary shall have the right to receive and collect all damages awarded by reason of such taking, and the right to such damages hereby is assigned to Beneficiary who shall have the discretion to apply the amount so received, or any part thereof, to the indebtedness due hereunder and if payable in installments, applied in the inverse order of maturity of such installments, or to any alteration, repair or restoration of the Premises by Grantor. 7. WARRANTIES. Grantor covenants with Trustee and Beneficiary that he is seized of the Premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that he will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: S. SUBSTITUTION OF TRUSTEE. Grantor and Trustee covenant and agree to and with Beneficiary that in case the said Trustee, or any successor trustee, shall die, become incapable of acting, renounce his trust, or for any reason the holder of the Note desires to replace said Trustee, then the holder may appoint, in writing, a trustee to take the place of the Trustee; and upon the probate and registration of the same, the Trustee thus appointed shall succeed to all rights, powers and duties of the Trustee. FXJ THE FOLLOWING PARAGRAPH, 9. SALE OF PREMISES, SHALL NOT APPLY UNLESS THE BLOCK TO THE LEFT MARGIN OF THIS SENTENCE IS MARKED AND/OR IMTIALED. 9. SALE OF PREMISES. Grantor agrees that if the Premises or any part thereof or interest therein is sold, assigned, transferred, conveyed or otherwise alienated by Grantor, whether voluntarily or involuntarily or by operation of law [other than: (i) the creation of a lien or other encumbrance subordinate to this Deed of Trust which does not relate to a transfer of rights of occupancy in the Premises; (ii) the creation of a purchase money security interest for household appliances; (iii) a transfer by devise, descent, or operation of law on the death of a joint tenant or tenant by the entirety; (iv) the grant of a leasehold interest of three (3) years or less not containing an option to purchase; (v) a transfer to a relative resulting from the death of a Grantor, (vi) a transfer where the spouse or children of the Grantor become the owner of the Premises; (vii) a transfer resulting from a decree of a dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Grantor becomes an owner of the Premises; (viii) a transfer into an inter vivos trust in which the Grantor is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the Premises], without the prior written consent of Beneficiary, Beneficiary, at its own option, may declare the Note secured hereby and all other obligations hereunder to be forthwith due and payable. Any change in the legal or equitable title of the Premises or in the beneficial ownership of the Premises, including the sale, conveyance or disposition of a majority interest in the Grantor if a corporation or partnership, whether or not of record and whether or not for consideration, shall be deemed to be the transfer of an interest in the Premises. 10. ADVANCEMENTS. If Grantor shall fail to perform any of the covenants or obligations contained herein or in any other instrument given as additional security for the Note secured hereby, the Beneficiary may, but without obligation, make advances to perform such covenants or obligations, and all such sums so advanced shall be added to the principal sum, shall bear interest at the rate provided in the Note secured hereby for sums due after default and shall be due from Grantor on demand of the Beneficiary. No advancement or anything contained in this paragraph shall constitute a waiver by Beneficiary or prevent such failure to perform from constituting an event of default. 11. INDEMNITY. If any suit or proceeding be brought against the Trustee or Beneficiary or if any suit or proceeding be brought which may affect the value or title of the Premises, Grantor shall defend, indemnify and hold harmless and on demand reimburse Trustee or Beneficiary from any loss, cost, damage or expense and any sums expended by Trustee or Beneficiary shall bear interest as provided in the Note secured hereby for sums due after default and shall be due and payable on demand. Page 3 of 4 Association Form No. 5 ®, Revised 7/2013 North Carolina Bar Association — NC Bar Fonn No. 5 Printed by Agreement with NC Bar Aasodatian North Carolina Association ofRcaltors®, Inc. - Standard R. 5 12, WAIVERS. Grantor waives all rights to require marshaling of assets by the Trustee or Beneficiary. No delay or omission of the Trustee or Beneficiary in the exercise of any right, power or remedy arising under the Note or this Deed of Trust shall be deemed a waiver of any default or acquiescence therein or shall impair or waive the exercise of such right, power or remedy by Trustee or Beneficiary at any other time. 13. CIVIL ACTION. In the event that the Trustee is named as a parry to any civil action as Trustee in this Deed of Trust, the Trustee shall be entitled to employ an attorney at law, including himself if he is a licensed attorney, to represent him in said action and the reasonable attorney's fee of the Trustee in such action shall be paid by the Beneficiary and added to the principal of the Note secured by this Deed of Trust and bear interest at the rate provided in the Note for sums due after default. 14. PRIOR LIENS. Default under the terns of any instrument secured by a lien to which this Deed of Trust is subordinate shall constitute default hereunder. 15. OTHER TERMS. By: By: By: IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. S14(SEAL) (Entity Name) Shelly Summ ti)a Honeycutt (SEAL) Title: Title: Title: (SEAL) (SEAL) State of IV1 —clryr ounry r .i, I I, the undersigned Notary u is of the jurisdiction aforesaid, certify that Shelly Summation Honeycutt personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this i q cs day of May, 2 My Cmissio 'RD ' � N PWI :t�ryPublic e(sp'H'r (SEALSTA The foregoin islare certif is certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. Register of Deeds for County By: Deputy/Assistant— Register of Deeds Page 4 of 4 Association Form No. 5 O. Revised M013 Noah Caroline Bar Association --NC Bar Fonn No. 5 Printed by Agreement with NC Bar Association North Carolina Association of Realtors®. Inc. -Standard Form 5 MAJOR PERMIT FEE MATRIX Applicant: Shelly Honeycutt Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial ❑ development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial ❑ development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: ❑ Major Modification to a $250 100% ($250) 0% ($0) ajor permit velopment that he filling and/or nof up to 1 acre MM ds and/or open as, determine if A, below applies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See hed can be applied: Public or commercial if General $400 100%($400) 0%($0) UE]development, r Quality Certification 097 (See attached) e a lied: If General Water ty Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquaticife: eneral Water ertification No. 60% ($240) 40% ($160) e attached) cannot d: H$475 evelopment that El the filling and/or 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: NC Division of Coastal Management 9 0 2 4O B C D Cashier's Official Receipt Received From: �Xdn csi�nL� ki� Y14 L•/c Permit No.: Applicant's Name:���/]V�''�OA�yCu Project Address: Date: 2042` $ d3W,d, D Check No.: &/[[/- County: �/ r/✓7�/G�G A[ /e /& Please retain receipt for your records as proof of payment for permit issued. ih lr�f, 6J Signature of Agent or Applicant: Date: Signature of Field Representative Date: �'Z'� Gc ,•' A5PHALT / KILMARLIC CLUB -' DRIVE ,.• ��.......... (50' RADIUS) BEFORE YOU DIG! Carolina WWW.nc811.ORG NOTE: THE DATA GIVEN ON THESE PLANS IS BELIEVED TO BE ACCURATE, BUT THE ACCURACY IS NOT GUARANTEED, THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL LEVELS, LOCATIONS, TYPES, AND DIMENSIONS OF THE EXISTING UTILITIES PRIOR TO CONSTRUCTION. IF A DISCREPANCY IS FOUND, WORK SHALL CEASE AND THE ENGINEER NOTIFIED. WORK MAY CONTINUE UPON ENGINEERS NOTICE TO PROCEED. ABLE iOUND f 0.54' CURRrrUCK SOUND I US 158 ALBEMARLE LOCATION MAP aENERAL NOTES: * SUBJECT PROPERTY: LOT 131, KILMARLIC CLUB POPLAR BRANCH TOWNSHIP, CURRITUCK COUNTY, NC * STREET ADDRESS: 279 Kilmarlic Club Drive POWELLS POINT, NC 27966 * PARCEL ID NUMBER: 124F00001310000 * GLOBAL PIN: 9837-02-5012 * RECORDED REFERENCE: D.B. 1485, Pg. 376 PC: H, SL: E34 * LOT AREA: 25,121 S.F. (Survey) * FEMA DATA: COMMUNITY — CURRITUCK COUNTY FIRM ZONE — AE 4 FLOOD ZONES SUBJECT TO CHANGE BY FEMA * SUBJECT PROPERTY ZONING: PUD PLANNED UNIT DEVELOPMENT * BUILDING SETBACKS: FRONT — 15' SIDE — 15' REAR — CAMA * PROPOSED DEVELOPMENT: 5 BEDROOM RESIDENTIAL DWELLING (SINGLE FAMILY) FRAME STRUCTURE ON PILING FOUNDATION (10 PERSON OCCUPANCY) * PARKING REQUIREMENTS: BEDROOMS 1-4 2 SPACES BEDROOM 5 1 SPACES 3 SPACE REQUIRED 3 SPACE PROVIDED * IMPERVIOUS COVERAGE: BUILDING 31766 SQ. FT. COVERED DECK 1,212 SQ. FT. VEHICULAR CIRCULATION AREA 31068 SQ. FT. CONCRETE POOL DECK 585 SQ. FT. POOL SURFACE 265 SQ. FT. TOTAL IMPERVIOUS COVERAGE 8,896 SQ, FT. 8,896 S.F. / 25,121 S.F. = 35.41% * AEC IMPERVIOUS COVERAGE: BUILDING 11538 SQ, FT. COVERED DECK 706 SQ. FT. CONCRETE POOL DECK 585 SQ. FT, OPEN DECK 570 SQ, FT, POOL SURFACE 265 SQ, FT, TOTAL IMPERVIOUS COVERAGE 3,664 SQ, FT, 3,664 S.F. / 129227 S.F. = 29.97% ft:., It ml CA GRAPHIC SCALE ( IN FEET ) I inch = 20 ft. 158 SOUND ENGINEER SEAL SITE LEGEND: N PROPOSED VEHICLE CIRCULATION AREA PROPOSED DWELLING AREA PROPOSED OPEN DECKS PROPOSED COVERED DECKS PROPOSED CONCRETE AREA PROPOSED PARKING ZONE Im 0 lJ11NNNNN N N N EYIi�`� Firm Certification# C-1955 COPYRIGHT 02019 THIS DOCUMENT IS THE PROPERTY OF HOUSE ENGINEERING, P.C. AND MAY NOT BE USED, MODIFIED OR ADAPTED WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE OWNER. COPIES MAY BE PRODUCED. APPROVALS DATE Drawn: D. NEFF 12/5/19 Checked: R. HOUSE 12/5/19 Engineer: R. HOUSE 12/5/19 REVISIONS NoT Date Description co LO (N i 3 . m __.._mmm_. k O e 18' 8 F 9 F e �Uc�Gb/�1 .For, Honneycutt Residence Lot 131 Kilmarlic Club Location: 279 Kilmarlic Club Drive Poplar Branch Township Currituck County North Carolina SIZE PROJECT NUMBER REV SHEET NO. D 196054 - C1 OF CAD FILENAME: BASE SCALE: 1 "=20' 1