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HomeMy WebLinkAbout20221206 Ver 1_CAMA Application_20220831DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Marc Scudder 2. LOCATION OF PROJECT SITE: 125 High Point Street, in a canal adjacent to the AIWW, in Holden Beach, Brunswick County. Lat: 33.913979°N Long:-78.289961°W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8/9/22 Was Applicant Present -- No 5. PROCESSING PROCEDURE: Application Received - 8/1/22 491 Prefile Date 7/20/22 Complete - 8/11/22 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Brunswick County Land Classification from LUP -Residential (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - Multi family condominium with existing bulkhead, private 2 slip docking facility Planned -construct one additional boat lift (one additional slip) for a total of 3 slips (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal Wetlands) (B) Non -Vegetated Wetlands (Open water) (C) Other (High ground) _ 169 SF additional incorporated (D) (E) Total Area Disturbed: 169 SF (.003 acres Primary Nursery Area: No Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to expand an existing docking facility with the construction of a new boat lift, increasing from two (2) existing slips to three (3) proposed slips. 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 FAX: 910-395-3964 Internet: www.nccoastalmanagemeent.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Scudder Docking Expansion Page Two 9. PROJECT DESCRIPTION: The project site is located at 125 High Point Street, on a canal adjacent to the AIWW, in Holden Beach, Brunswick County. The site is approximately 0.27 acres, and is vegetated primarily with manicured lawn grass. There is an existing multi family residence on the parcel site, and an existing bulkhead (permit 87796D, issued 6/2022) that was recently replaced in the same footprint. The project site has approximately 10011 of shoreline frontage along the canal. There are currently two slips on the parcel, which consist of two separate floating docks that are accessed by separate fixed platforms. The northernmost platform (10' x 30') extends waterward from the bulkhead and terminates on a T head fixed platform (8' x 6'). From the T head, a gangway extends to the north and provides access to a floating dock (8' x 16') which is oriented parallel with the shoreline and serves as slip #1. The southernmost platform (6.5' x 6') extends waterward from the bulkhead a gangway provides access to a second floating dock (8' x 24') which is oriented parallel with the shoreline and serves as slip #2. The Brunswick County Land Use Plan classifies the adjacent waters as Conservation. The waters of the A1WW are classified SA by the Division of Water Resources. This area is is not designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and it is CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to expand an existing docking facility with the construction of a new boat lift, increasing from two (2) existing slips to three (3) proposed slips. According to the application materials, the applicant is proposing to construct a new boat lift (13'x 13') in between the southernmost existing floating dock and the northernmost existing fixed platform. According to the agent, the boat lift would be located in water depths ranging from -2.8@ NLW on the landward side to -5.0' @ NLW on the waterward side. According to the work plan drawings, the applicant's proposal is located within their riparian corridor, and landward of the 1/4 of the width of the waterbody, which measures approximately 87' across. The proposed boat Iift would not encroach into either adjacent riparian corridor setback. 10. ANTICIPATED IMPACTS The proposed boat lift would incorporate an additional 169 sq. ft. of Estuarine Waters and Public Trust Area. Currently, the existing facility incorporates 707 SF of Estuarine Waters and Public Trust Area. The proposed boatlift would be consistent with the pierhead line and landward of the 1/4 width. This area is not designated as Primary Nursery Area, and the proposed lift would be located in water depths ranging from -2.8 to -5.0 at NLW according to the applicant. Minor increases in turbidity should be expected during construction. Submitted by: Patrick Amico Date: 8/25/22 Office: Wilmington RECOMMENDATIONS FOR 125 High Point Street Holden Beach The total area of platform was calculated as follows: Shoreline length = 100 ft. x 8 ft. = 800 SF allowable Existing Fixed Platform = 10 ft. x 30 ft. = 240 SF, (300SF minus 60 SF for access credit) Fxictin. ixMri Ptatfnrm = R ft x (, ft = 4R SF, Gant rnanatPd fnr chnding nrePccsrodit) Existing Fixed Platform = 6.5 ft. x 6 ft. = 39 SF Existing Floating Dock = 8 ft. x 16 ft. = 128 SF Existing Floating Dock = 24 ft. x 8 ft. =192 SF Proposed Boatlift = 13 ft. by 13 ft. = 169 SF, (not counted for shading) Total Counted sq. ft. = 599 SF The proposed boatlift would provide docking space for one additional vessel, increasing the slip count from 2 to 3 slips. The proposed boat Iift would extend approximately 21' into the waterbody, which measures approximately 87' across. As proposed, the project would be CONSISTENT with the use standards set forth in NCAC 07H .0208, including the docking facility length limitations, the eight square -foot shading rule. The proposed boat lift would not encroach into the 15ft. riparian setback for either adjacent riparian property. The proposed boat lift would be located entirely over open water in water depths ranging from -2.8 to -5.0 @ NLW, according to the applicant. 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity 4Affirmative Action Employer Project Narrative: 125 High Point St. (Holden Beach —Brunswick) (Scudder Docking Facility) The applicant is proposing to add a 10,O0Olb (13'x13') boat lift to his existing docking facility. The existing docking facility includes three fixed platforms (6.5' x 6' (4' over water) , 10' x 30' , and 8' x 6') and two floating docks (8' x 24') and (8' x 16'). The existing docking facility has 2 formalized slips and the proposed boat lift will increase that to 3 formalized slips. The property has approximately 100' of shoreline (existing bulkhead). At NLW the most waterward depths of the docking facility are greater than -5.0 feet. The new boat lift landward pilings are proposed in -2.33 feet of water at normal low water. Existing Docking Facility Shaded Impact: Fixed Platforms — 372 sq. ft. Floating Docks — 320 sq. st. Total — 690 sq. ft. Waterbody Width: 87' %4 Width: 22' Proposed: 13' x 13' Boat Lift (10,00O1b) • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. $250 to NCDEQ Check No. 025692 (Dated 7.14.2022) Y15 High Paint Sadder Pocking FxSrtyJuly 202022 E. en+-�•tsswr�. swam xa.uc 1,10113.41723 (ii)COASTUL 113 401 Prefiling 7.20.2022 RECEIVED AUG I 2022 DDM WILMINGTON N DGM MP-1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name N/A Project Name (if applicable) Scudder Docking Facility Applicant 1: First Name Marc MI J. Last Name Scudder Applicant 2: First Name Applicant3: Michael/Tina MI N/A Last Name Scudder If additional applicants, please attach an additional page(s) with names listed. Mailing Address 4501 Lewiston Oaks Ct. PO Box N/A City Greensboro State NC ZIP 27410 Country USA Phone No. 336-707-4261 FAX No. N/A Street Address (if different from above) 125 High Point St. City Holden Beach State NC ZIP 28462 Email mscudder@freightllogistics.com 2. Agent/Contractor Information Business Name CPU, LLC. Agent/ Contractor 1: First Name Ben MI B Last Name Brink Agent/ Contractor 2: First Name N/A MI N/A Last Name N/A Mailing Address N/A PO Box 1661 City Carolina Beach State NC ZIP 28428 USA Phone No. 1 910-302-5725 Phone No. 2 N/A FAX No. N/A Contractor # N/A Street Address (if different from above) N/A City N/A State N/A ZIP N/A Email ben@coastalpermitguy.com r5r-"r<c‘ sr-..., <Form continues on back> 0.eC1 V Ct� AUG 2022 GTON NC 252-808-2808 .. 1-888-4RCOAST www.nccoastalmanage�f 1 MIN nt'e"lr Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Brunswick Street Address 125 High Point St. State Rd. # N/A Subdivision Name N/A City Holden Beach State NC Zip 28462 Phone No. 336-707-4261 Lot No.(s) (if many, attach additional page with list) Parcel PIN 201619505425 a. In which NC river basin is the project located? Lumber b. Name of body of water nearest to proposed project Manmade Canal , l the water laud [Natural IManmade ( identified in L]tUnknown 0 abo)e, noturol or manmade? d, Nome tho Glose;;t major wotor I?ody to tho proposed projeot site. AIWW e, IS proposed work within city limits 1YeS :No or planning jurisdiction? f. If applicahl2, list the pignning jurisdiction or city limit the proposed work falls within. Holden Beach 4. Site Description a. Total length of shoreline on the tract (ft.) WO' b. Size of entire tract (sq.ft.) c. Size of individual lot(s) 11,761.2 sq. ft. or 0.27 acres (If many lot sizes, please attach additional page with a list) 11,761.2 sq ft d. Approximate elevation of tract above NHW (normal high water) Or NWL (normal water level) 5' XNHWorONWL e. Vegetation on tract Manicured lawn, shrubs, coastal wetlands waterward of the existing bulkhead (Spartina altermflora) f. Man-made features and uses now on tract Multi -Family Unit (4) - docking facility with fixed platform and (2) floating docks, bulkhead g. Identify and describe the existing land uses adiacent to the proposed project site. Single family homes with docking facilities and existing bulkheads h. How does local government zone the tract? N/A i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) ❑Yes ❑No X NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes XINo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑Ne AINA If yes, by whom? _ I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No X IA Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? (ii) Are there coastal wetlands on the site? (iii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Brunswick County o. Describe existing drinking water supply source. Brunswick County p. Describe existing storm water management or treatment systems. Brunswick County XIYes LINo X Yes [No EYes X 'No 5. Activities and impacts a. Will the project be for commercial, public, or private use? ['Commercial ['Public/Government X Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Boating and recreational use 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. Standard marine construction for a 10k boatlift (4 pilings w/ cradle) d. List all development activities you propose. Standard marine construction for a 10k boatlift (4 pilings w/ cradle) e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? X Sq.Ft or •Acres 0 g. Will the proposed project encroach on any public easement, public accesaway or other area ❑Yes X No LINA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N/A i. Will wastewater or stormwater be discharged into a wetland? •Yes X No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No X NA j. Is there any mitigation proposed? ❑Yes :No X INA if yes, attach a mitigation proposal. <Form continues on back> RECEIVED AUG 12022 252-808.2808 :: T-888-4RCOAST : www.nccoastatmanaget J$ .WEIftMlNGTON, NC Form DCM MP -I (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to 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 FULTON SUSAN BATSON Address 127 HIGH POINT ST. SUPPLY, NC 28462-1918 Phone No. Name KRING KRISTINE AND KRING SANDRA G Phone No. Address 3 GARDEN LN. KIRKWOOD, MO 63122-2636 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date Jul 12, 2022 Print Name Marc scudder Signature 5 van Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-3 Upland Development X DCM MP-4 Structures Information ❑DCM MP-5 Bridges and Culverts RECEIVED AUG 1 2022 DCM WILMINGTON, NC 252-808-2808 .. 1-888-4RCOAST www.nccoastalmanagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 9. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: ❑Commercial ❑PubliclGovernment X Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number (iii) Length (iv) Width (v) Floatin. Oyes ❑No e. (i) Are Platforms included? ❑Yes ❑No If yes: (ii) Number (iii) Length (iv) Width g. (v) Fl ng ❑Yes ❑No Not . Roofed areas are calculated from dripline dimensions. (i) Number of slips proposed 1 (ii) Number of slips existing 2 i. Check the proposed type of siting: El Land cut and access channel ❑Open water; dredging for basin and/or channel X Open water; no dredging required ['Other; please describe: 22' k. Typical boat length: m. (i) Will the facility have tie pilings? ❑Yes XNo (ii) If yes number of tie pilings? N/A b. (i) Will the facility be open to the general public? ❑Yes XINo d. (i) Are Finger Piers included? ❑Y> ❑No If yes: (ii) Number (iii) Length (iv) Widt (v) FI.-ting ['Yes ❑No f. (i) Are Boatiifts included? If yes: (ii) Number 1 (iii) Length 13' (iv) Width 13' 1XYes ❑No h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies X Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: El Other, please describe: 3 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). open runabout I. (i) Will the facility be open to the general public? Oyes XJNo RECEIVED 252-808-2808 e; 1-888-4RCOAST wrvwenccoastaln artsgo Haut.€ et revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4 2. DOCKING FACILITY/MARINA OPERATIONS X This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controile e. (i) Give the location and number of No Sewage Di harge" signs proposed. (ii) Give the location and number of "Pum f. Describe the special design, if a ut Available" signs proposed. licable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number o channel markers and No Wake" signs proposed. i. Give the locatlo of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will •e the marina policy on overnight and live -aboard dockage? Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED AUG 202'2 DCM WILMINGTON, NC 252-808-2808 :: 1-888-4RCOAST :: www.nstoastalmanagement.net remised: 12'27/06 Form ©Cliff MP-4 (Structures, Page 3 of 4) m. Is the marina/docking facility proposed within a primary or secondary nur ['Yes ONO n. Is the marina/docking facility proposed within or adjace ❑Yes ❑No o. Is the marina/docking facility proposed w' (SB), or other wetlands (WL)? If a area? any shellfish harvesting area? or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom oxes are checked, provide the number of square feet affected. OCW OSAV ❑SS OWL _ ❑No p. is the proposeanna/docking facility located within or within close proximity to any shellfish leases? DYes ❑ No If yes, giv= e name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) a. (i) Is the boathouse structure(s): ['Commercial ❑Public/Government ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation . nd Fill.) a. (i) Number (ii) Length (iii) Width x ')his section not applicable X This section not applicable 5. BREAKWATER (e.g., wood, sheetpile, etc.) X This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS X]This section not applicable a. Is the structure(s): ['Commercial ❑Public/Government C. Distance to be placed beyond shoreline Note: This should be measured from m e. Arc of the swing ❑Priv=te/Community h edge, if present. b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED AUG 120Z2 OCM WILMINGTON, NC 252-808-2808 :: 1-888-4RCOAST :: wnrww.nccoastalmanaaementmet revised_ 12/27106 Form DCM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. —12' and -4' (proposed boat lift is >35' from either riparian property line) -,25' and _19' Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 87' e. (i) Will navigational aids be required as a result of the project'? ❑Yes X No DNA (ii) If yes, explain what type and how they will be implemented. N/A d. Water depth at waterward end of structure -5.0' @ NLW 7.19.2022—10:10am NWL 8. OTHER This section not applicable a. Give complete description: The applicant is proposing to add a 10,000lb (13'xI3') boat lift to his existing docking facility. The existing docking facility includes three fixed platforms (6.5' x 6' (4' over water) , 10' x 30' , and 8' x 6') and two floating docks (8' x 24') and (8' x 16'). The existing docking facility has 2 formalized slips and the proposed boat lift will increase that to 3 formalized slips. The property has approximately 100' of shoreline (existing bulkhead). At NLW the most waterward depths of the docking facility are greater than -5.0 feet. The new boat lift landward pilings are proposed in -2.33 feet of water at normal low water. Jul 12, 2022 Date Scudder Docking Facility Project Name Marc Scudder Applicant Name N1pS Marc scudder (Jul 12, 2u212:48 EDT) Applicant Signature RECEIVED AUG 12022 DCM WILMINGTON, NC fl CEIVED. DCM W'iLM1N,GTON, t'C 252-808-2808 :: 1-888-4RCOAST .^. www.reccoastatmanagement.net revised: 12/27/06 ROY COO1R Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Ben Brink P.O. Box 1661 Carolina Beach, NC 28428 Dear Mr, Brink: NORTH CAROLINA Environmental Quality August 30, 2022 The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Marc Scudder, for State approval for development of the subject property located at 125 High Point Street, in Holden Beach, Brunswick County. It was received as complete on August 11th, 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision is October 25, 2022. An additional 75-day review period is provided by law when such time is necessary to complete the review. if you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended, Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from August 11th 2022, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-11g(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Amico Field Representative cc: Cameron Luck, DCM Kim Harding, DMF WiRo Greg Curry, USACE Holley Snider, DWR Marc Scudder, Applicant Rhonda Whooten, LPO North Carolina Department of Environmental Quality ; Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 213405 910.796.T215 NORTH CAROLINA Environmental Duality August 31, 2022 Starnewsslegals@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Marc, Michael & Tina Scudder — Brunswick County • John McClure— Brunswick County • John Drish — New Hanover County ROY COOPER Governor ELIZABTH BISER Secretary BRAXTON DAVIS Director, Division of Coastal Management Hello: Please publish the attached Notice in the Sunday, September 4, 2022 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226 (Customer No. 489895). Thank you for your assistance in this matter. T. K. P' Pe itting Support & Customer Assistance cc: MHC Files Cameron Luck — MHC USACE State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for development permits in Areas of Environmental Concern as designated under the CAMA: On August 25 2022, Marc, Michael & Tina Scudder proposed to expand an existing private docking facility from two (2) slips to three (3) slips at 125 High Point St., in a canal adj. to the AIWW in Holden Beach, Brunswick County; On August 25, 2022, John McClure proposed to expand an existing private docking facility from two (2) to three (3) slips at 1853 East Sea Aire Canal SW, adj. to the AIWW in Supply, Brunswick County; And on August 30, 2022, John & Melanie Drish proposed to expand an existing private docking facility from two (2) to three (3) slips at 5401 Efird Rd., adj. to Hewletts Creek, in Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of PatrickArnico (Brunswick County) or Bryan Hall (New Hanover County) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7425 (Patrick Arnica), (910) 796-7423 (Bryan Hall) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to September 25, 2022 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: Phone Number: Email Address: I certify that I have authorized Marc Scudder 4501 Lewiston Oaks ct Greensboro nc 27410 336-707-4261 niscudder@freisrlitllogistics.com CPG, LLC Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: docking facility (add boatlift to existing) 125 Highpoint St. at my property located at in Brunswick County. Y I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner information: Marc scudder (Jul 12, 202212:48 EDT( Signature Marc Scudder Print or Type Name Property Owner Title 7 i 7 / 2022 Date This certification is valid through 7 i 7 1 2023 RECEIVED AUG 12022 Dee 16.n1 climrnTroA! it 7/18/22, 9:37 AM USPS Tracking® USPS.come - USPS Tracking) Results Track Another Package Tracking Number: 70212720000159349237 FAQs > Remove X Your item was delivered to an individual at the address at 12:18 pm on March 15, 2022 in SAINT LOUIS, MO 63122. USPS Tracking Plus® Available v @f Delivered, Left with Individual March 15, 2022 at 12:18 pm SAINT LOUIS, MO 63122 Get Updates v Text & Email Updates Tracking History March 15, 2022, 12:18 pm Delivered, Left with individual SAINT LOUIS, MO 63122 Your item was delivered to an individual at the address at 12:18 pm on March 15, 2022 in SAINT LOUIS, MO 63122. r` rn ru rr F F I C U.S. Postal Service'" CERTIFIED MAIL`'' RECEIPT Domestic Mail Only For Cichli s=ry r.--rf3r rn,i1in;:. visi4 q.ur .vs.11n crm FT1 Certified tt "F 0- ru ru N ru ea .a, EExira SWOON 3 Am 3her. aid Omen FsimePtf armed ©eortfeePass r stfeledMawr I ©rdraSigaireRequired t DAM SoaturtNaerceedDebar/ 8 Postage o s4 'keel Postage a Sent To 6M4r 1f1i 11 MO i3I2Z See B erseforInstructions March 15, 2022, 8:25 am Out for Delivery SAINT LOUIS, MO 63122 March 15, 2022, 8:14 am Arrived at Post Office SAINT LOUIS, MO 63122 March 14, 2022 In Transit to Next Facility March 13, 2022, 12:24 am Departed USPS Regional Destination Facility SAINT LOUIS MO DISTRIBUTION CENTER �cz�l Woo I PS Fnrrn 3 01:1. A.priI 201S w r'_"Wra_-ttu pia' RECEIVED AUG 12022 DCM WILMINGTON, NC fECERVFD : 7 I 10 DCM WILMINGTON, NC Mips:/tools.usps.cam/golTrackConfirmAction?_g1=1'g0n7o3"_ga'MTQ2MDQ5NjQ3MS4xNjM5ND14MTce ga_3NXP3C8S9V"MTYIODE1MTQwOS4... 1/2 7/18/22, 9:37 AM USPS.com0 - USPS Tracking® Results March 12, 2022, 2:11 pm Arrived at USPS Regional Destination Facility SAINT LOUIS MO DISTRIBUTION CENTER March 11, 2022, 1:18 am Departed USPS Regional Origin Facility CHARLOTTE NC DISTRIBUTION CENTER March 11, 2022, 1:04 am Arrived at USPS Regional Origin Facility CHARLOTTE NC DISTRIBUTION CENTER March 8, 2022, 5:29 pm Departed Post Office OAK ISLAND, NC 28465 March 8, 2022, 12:05 pm USPS in possession of item OAK ISLAND, NC 28465 USPS Tracking Plus® \/ CD Q. Cr Product Information See Less " Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs RECEIVED AUG 12022 €]CM WILMINGTON, NC https:JJtools.uses.com/go/TrackConfiirmAction?_g1=1*g0n7o3*_ga*MTQ2MDQ5NjQ3MS4xNjM5ND14MTcz'_ga_3NXP3C8S9V*MTY1ODE1 MTQwOS4... 2/2 7/18/22, 9:39 AM USPS.com4 - USPS Tracking Results USPS Tracking' Track Another Package Tracking Number: 70212720000159349220 Your item was picked up at the post office at 11:40 am on March 21, 2022 in SUPPLY, NC 28462. USPS Tracking Plus® Available v �✓ Delivered, Individual Picked Up at Post Office March 21, 2022 at 11:40 am SUPPLY, NC 28462 Get Updates \/ Text & Email Updates Tracking History March 21, 2022, 11:40 am Delivered, Individual Picked Up at Post Office SUPPLY, NC 28462 Your item was picked up at the post office at 11:40 am on March 21, 2022 in SUPPLY, NC 28462. U.S. Postai Service'" CERTIFIED MAIL' RECEIPT Domestic G?8R Only OFFl 1AL US- Crti&a Maw rvges d Fern h6e0044 aai OnesetNYtwrtYieoNossu DesitAne4titetalrleeoeerwy Q►sae •R•nxw s Ll isomoiela neap I March 17, 2022 Reminder to Schedule Redelivery of your item March 12, 2022, 11:22 am Notice Left (No Authorized Recipient Available) SUPPLY, NC 28462 March 12, 2022, 8:04 am Out for Delivery SUPPLY, NC 28462 March 12, 2022, 7:53 am Arrived at Post Office SUPPLY, NC 28462 FAQs Remove X SEND[4: COMPLETE TNVS SECTION ! r:arnpietE items 1, 2, and a ✓ Pits your rare and adtt^ess ten the reverse so that we can return the turd to you. • Attach this Card to the bass or VIE tOLta[tIeCt. or on the (runt if spooe permits. 1. Attic E Addras4ci tcr- j11/4/�✓iatlrl ?Ott Sup? tVN HIE 11F11111IIIIIIIIIII 95! O 9407 1098 1251 8113 40 ▪ /'rt,isNEsrikx* TransferjtorttseirceSa'uoJ1 h4. r - COMPLETE THIS SECTION ON AFL/VEFTr A Sg,stss x . — a. Aet#ued by jptinlod Mann)) Aft CI Morasses C. Data of Nifsery D. Is cdi,.try oddreos thfforerit tram rime 1? ❑ Yes El YES. erter truer( aaerass be:ovr. Q Id0 S. S irvEo Typo L:: P1,W .rig'iaivn L: kypi Eig,akvofestricteo Davin; C. CEIS INO C G$,Siausl ktgl Restrdrted Lktimey C Gems an [MV6vey C Crlh 1 Sn Data y iledrIzted Dabeere Melt C P,k. iy Mail F :'EIS r Roaattateraair. C Sn5EEme0Nal RrO5I tat Cemeri C °one E'rtnt,,"EEnw C' Skrntalb Cmrtnn Esr Pastdctod rktioer} 7021 2726 0001 5934 9220 varktrAtvudwil5CEIVPII PS Form 3811, July 2020 PIN 7530-02-000-0053 Darrwstiz Pa,hnn N Ceipt AUG 12022 DCM WILMINGTON, NC https://tools.usps.corn/go/TrackConftrmAction?_g1=1*1vvvt60' 9a*MTQ2MDQ5NjQ3MS4xNjM5ND14MTcz`_ga_3NXP3C8S9v"MTY1ODE1MTQwOS4... 1/2 7118122, 9:39 AM USPS.com) - USPS Tracking® Results March 12, 2022, 4:00 am Departed USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX March 11, 2022, 10:15 am Arrived at USPS Regional Facility FAYF I I EVILLE NC DISTRIBUTION CENTER ANNEX March 11, 2022, 12:55 am Arrived at USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER March 10, 2022 In Transit to Next Facility March 8, 2022, 5:29 pm Departed Post Office OAK ISLAND, NC 28465 March 8, 2022, 12:05 pm USPS in possession of item OAK ISLAND, NC 28465 m a, a, Q eu n USPS Tracking Plus® Product information u See Less ^ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs RECEIVED AUG 1 ZOZZ DCM WILMINGTON, NC https:lltools.usps.comlgo/TrackConfirmAction?_gI=1" 1vvut60*_ga*MTQ2MDQ5NjQ3MS4xNjM5ND14MTcz*_ga_3NXP3C8S9V*MTY1ODi=1MTQwOS4... 2/2 Location Map: 125 High Point St. (Holden Beach —Brunswick) Scudder Docking Facility .",. Intracoastal Waterway Intracoastal waterway 57 min (43.2 miles) - < via US-17 S/Ocean Hwy E Fastest route now due to traffic conditions 127 Cardinal Dr Exn Wilmington, NC 28405 5 Follow N Cardinal Dr/Cardinal Dr Exn to Market St t min (D.4 rni} Take US-74 W/Martin Luther King Jr Pkwy and US- 17 S to Stone Chimney Rd SE in Brunswick County 38 rrun (32.7 mil Continue on Stone Chimney Rd SE. Drive to High Point St in Holden Beach 16 rein 0O1 mij 125 High Point St Hoiden Beach, NC 28452 RECEIVED AUG 12022 3CM WILMINGTON, W; x• seany...4 44t 1 0V3 DCM WILMINGTON, NC Flood — Ebb) Waterbody Width: S7 iX • Fixed (10' x 30') 100' of Shore Coastal Wetlands Coastal Wetlands MINE 125 High Point m '0 cc O al 0M v O 0 w A Cq y -6 ND a R [� ri m N n (),. 0 f?-3 DCM WILMINGTON, NC CCM WILMINGTON, iC 'hof/ 3 6/13/22, 1:18 PM Appraisal Card BRUNSWICK COUNTY 6/13/2022 1:18:36 PM Return/Appeal Notes: parcel: 232PG030 125 HIGHPOINT ST UNIT 2 SUPPLY 28462 HOLDEN BEACH PLAT: /UNIQ ID 94093 80003854 ID NO: 201E19505425.0002 BRUNSWICK COUNTY {100), HOLDEN BEACH (100), TRI-BEACH FIRE (331) CARD NO. 1 of 1 Revel rear. 2019 Tax Year: UNIT 2&4 PIER 35 CONDO PLAT 6/26 ADD 18X50 2.0000 UT SRC= 2021 Appraised by OS on 09/07/2018 X503 HOLDEN BEACH EAST OF GATE TW-05 CI- FR EX- AT- LAST ACTION 20190603 13 19 CONSTRUCTION DETAIL MARKET VALUE DEPRECIATION CORRELATION OF VALUE Foundation - 4 EN BASE !Standard 0.39000 Con Sub FF ooCSystem - 4 5-00USEMOO Area QUAL RATE RCN EYB AYB CREDENCE TO MARKET Plywa/ptl hd 6 o0 06 03 2,444 105 126.00 30794419801972 % GOOD 161.0 DEPR. BUILDING VALUE -CARD 227,850 Exterior Walls - 08 Masonite on Sheathing 25.00' TYPE: CONDOMINIUM, BEACH HER CONSTRUCTION DEPR, OB/XF VALUE - CARD p MARKET LAND VALUE - CARD 0 Exterior Walls - 16 WOod/Vinyl Shingle 0.00 STYLE: 1 - 1.0 Story TOTAL MARKET VALUE - CARD 227,854 Roofing Structure - 08 Wood Tress 4.00 _ 120oNng Cover - 03 Composlor Shingle 4.00 Interior Wall Construction - 5 DrywalUSheetrock 28.00 N. :e T TOTAL APPRAISED VALUE - CARD 227,850 TOTAL APPRAISED VALUE • PARCEL 227,850 Interior Floor Cover - 14 Carpet 10.00 Heating Fuel - 04 Electric 1.00 trTOTAL PRESENT USE VALUE -PARCEL 0 TOTAL VALUE DEFERRED - PARCEL 0 Type - 09 Heat Pump Only 4.00 ' � IIHeating TOTAL TAXABLE VALUE - PARCEL 227,850 Air Conditioning Type - 03 Central 4.00 i PERMIT Commerdal Heat &Air - 1 I'td1 E' n L101 CODE I DATE I NOTE I NUMBER I AMOUNT Bone 0,00 Structural Frame - 02 Wood Frame 5.00 Ceiling & Insulation - 96 :a Il 1n TOUT; WTRSHD: Not Suspended - Ceiling & Wells 0.00 Insulated SALES DATA Floor Number-2 OFF. RECORD DATE DEED INDICATE SALES Floor O.Oo Unit 1 BOOK PAGE MO YR TYPE Q/UV/I PRICE Location - CV Comer whew 0.00 7 047220354 0335/ 0983 10 12 2021 2012 GW SL' A I 0 Unit Count-2 Units 0.00 s 6k, a 02671 025930143 0271 9 4 2007 2002 WO WD U U U I I I 212500 0 Bedrooms/Bathrooms/Half- Bathrooms li RIR 008280355 007300089 1 5 2000 1988 WD CU U U V V 0 0 0 2/1/0 4.006 Bedrooms BPS-2FUS-OLL-0 _ Bathrooms 8AS-1FUS-6LL-0 as' _ Half -Bathrooms S BAS- OFUS -O LL - a _ Office BAS -0 FUS - 0 LL - 0 0 Click on image to enlarge TOTAL POINT VALUE I100,000 BUILDING ADJUSTMENTS Market/Denison 02 1.1000 Quality 3 Average 1.0000 HEATED AREA 2,288 Size Size Size 0.9500 TOTAL ADJUSTMENT FACTOR 1 850 NOTES TOTAL QUALITY INDEX 105 UNIT 2 BAS/UNIT 4 APT 07ST#26851 SUBAREA GS CODE'QUA DESCRIPTION COUNTLTHIWfH II UNITS UNIT PRICE ORIG % COND BLDG# SIZE I FACT IAYR EYB ANN DEP RATE OVRCOND % OB/XF DEPR. VALUE TYPE APT AREA 1,61209 % RPL CS 192900' TOTAL OB/XF VALUE 0 I.POSP 67610 85176 30202 12096 WD2 56202 17766 FIREPLACE 1 - None 0 SUBAREA TOTALS 3,232 307,944 BUILDING DIMENSIONS IOArea:464;APT.E26N2N APT-W26513S5E26N18Area:468;UOP—W6S5E6N5Area:30;BA5=W26526E26N26Area:676;UOP=W6S26E6N26Area:156;WD2=S18E4526E10N32W4N12W1 14N28w26544Area:1144; WD2 a E 7N14 W7S14Area:98; U0P=E7N2BW 7528Area: 196;Tote lArea: 3232 LAND INFORMATION HIGHEST AND ,BEST USE USE CODE LOCAL ZONING FRON TALE DEPTH DEPTH / SIZE LND MOD COND FACT OTHER ADJUSTMENTS AND NOTES Ri= AC LC TO OT ROAD TYPE ' LAND UNIT PRICE TOTAL LAND UNITS UNT TYP TOTAL ADJST ADJUSTED UNIT PRICE LAND VALUE OVERRIDE VALUE LAND NOTES TOTAL MARKET LAND DATA TOTAL PRESENT USE DATA — Parcel N BulldingsPraperty Address j32PG030 1 125 HIGHPOINT ST UNIT 2 HOLDEN BEACH Aecount Owner Name it moo 3854DEANPROPERHALL TIES SOUTHPOINT APT Owner Karen UnR/TypeLegal Description PIN 2.0000 UNIT 20.4 PIER 35 CONDO PLAT 6/26 201619505425.000 UT ADO 1BX50 RECEIVED AUG 1 2022 CCM WILMINGTON, NC https://tax.brunsco.net/ITS Ne1/AppraisalCard. aspx?Page=1 &idP=10446660&id B=4833263&PageCount=1 &OBX FPaging=True&oBXFStartRow=1 &OB... 111 6/13/22, 1:17 PM Appraisal Card BRUNSWICK COUNTY HALL PREMIERE PROPERTIES LLC 125 HIGHPOINT ST UNIT 1 SUPPLY 28462 HOLDEN BEACH 50334570 Revel Year: 2029 Tax Year: 2021 BRUNSWICK COUNTY (100), HOLDEN BEACH {100), TRI-BEACH FIRE (165) UNIT 163 PIER 35 CONDO PLAT 6/26 ADD 50X11B 2.0000 UT SRC= Return/Appeal Notes: parcel: 232PG029 PLAT: /UNIQ ID 94092 ID NO: 201619505425.00a/ CARD NO. 1 of 1 Appraised by 05 on 99/97/2018 X503 HOLDEN BEACH EAST OE GATE TW-05 CONSTRUCTION DETAIL Foundation - 4 Con Ftg/Crawl 5.00 Sub Floor System - 4 Plywd/Ptl hd 6.00 Exterior Walls - 08 Maso0ite on Sheathing 25.00 Exterior Walls - 16 Wood/Vinyl Shingle 0.00 Roofing Structure - 08 Woad Truss 4.00 Roofing Cover - 03 Composition ShIngie 4.00 Interior Wall Construction - 5 Orywal /Sheetrock 28,00 Interior Floor Cover - 14 Carpet 10,00 Heating Fuel - 04 Electric 1.0o Heating Type - 09 Heat Pump Only 4.0D Air CondEtioning Type - 03 Central 4.00 Commercial Heat &Air - 1 None 0,00 Structural Frame - 02 Wood Frame 5.00 C0t,i & Insulatton-06 Not Suspended - Ceiling & Walls 0.00 Insulated Floor Number - 1 Floor 0.00 Unit Location - CPI UNKNOWN 0,00 Unit Count - 2 Units 0.00 ,ee d ra o ms/Bathrooms/Hal f- Bathrooms 4/2/0 10.000 Bedrooms BFS- 2 FDS - 2 LL-0 Bathrooms GAS-1FUS-1 LL -O _ Hair 8athrooms BAS-4FU5-0LL-0 Office BAS -OFUS -DLL-O 0 TOTAL POINT VALUE 1105.000 BUILDING ADJUSTMENTS Market/Design Quality Size TOTAL ADJUSTMENT FACTOR 1.000 TOTAL QUALITY INDEX 106 04 Size SUBAREA Average Size TYPE >PT GS AREA 676 ob 095 1.0500 1.0000 0.9500 "CODE RPL CS 81661 3A5 676 100 85987 JOP 156 02S 4961 NO2 FIREPLACE 311BARFA rOTALS 329 1 - None 1,837 025 10430 0 183,040 USE 06 MOD 03 MARKET VALUE Eff. Area 1,439 QUAL 105 BASE RATE 127.20 RCN 183040 EYB 1972 DEPRECIATION 1 Starda4 0.47000 AYBL 1972 % GOOD CI- FR- 13 19 153.0 TYPE: CONDOMINIUM, BEACH MFR CONSTRUCTION STYLE. 1 - 1.0 Story 26' 10 WOO tO' 26 26' APT 26' 26 23- NY02 Y 26' QUALITYIDESCRIPTIUN TOTAL OB/XF VALUE 6 OOP 26' 26 BA5 26' 26 Click on image to enlarge COUNT LTII WTH UNITS UNIT PRICE BRIG % CUPID BLOC# SIZE FACT 6/13/2022 1;16:24 PI EX- AT- LAST ACTION 2018090: CORRELATION OF VALUE CREDENCE TO MARKET DEPR. BUILDING VALUE - CARD DEER. OB/XF VALUE - CARD MARKET LAND VALUE - CARD TOTAL MARKET VALUE - CARD 13701{ { 237,o1( TOTAL APPRAISED VALUE - CARD 137,010 TOTAL APPRAISED VALUE - PARCEL 137,0I0 TOTAL PRESENT USE VALUE - PARCEL 0 TOTAL VALUE DEFERRED - PARCEL 0 TOTAL TAXABLE VALUE - PARCEL $ 137,010 PERMIT CODE I DATE i NOTE I NUMBER I AMOUNT ROUT: WTR5HD: SALES DATA OFF. RECORD DATE BOOK 04722 02343 00549 PAGE 0354 1271 0339 MO 10 3 11 YR 2021 2906 1983 DEED TYPE GW WD WO Q/U A U R V/I INDICATE SALES PRICE 822000 0 HEATED AREA 1,352 NOTES UNIT 1 BAS/UNIT 3 AFT AYE EYB ANN DEP RATE OVR COND OB/XF DEER. VALUE 3UILDING DIMENSIONS BAS=W26526E26N26Area:676;UOP=W6526E6N26Area:156;WD2=N23W3523E3Area:69;APT=N26W26526E26Area,676;WD2=W10526E1ON26Area:260; TotalArea:1837 AND INFORMATION IIGHEST AND SEST USE 'OTAL MARKET LAND DATA 'OTAL PRESENT USE DATA USE CODE LOCAL ZONING, FRON TALE DEPTH DEPTH / SIZE LND MOD COND FACT OTHER ADJUSTMENTS AND NOTES RF AC LC TO OT_ ROAD TYPE LAND UNIT PRICE TOTAL LAND UNITS UNT TYP TOTAL ADJST, ADJUSTED UNIT PRICE LAND VALUE OVERRIDE VALUE LAND NOTES Parcel di BulklingsPreperty Address 2J2PG024 1 125 HIGHPOINT ST UNIT 1 HOLDEN BEACH Aecount Owner Name Owner Name UnIt/TYPeLegel Descrlptron PIN 5034570 HALL PREMIERE PROPERTIES Loco, UT UNIT 1&3 PIER 35 CONDO PLAT 6/26 ADD LLC505116 201619505425.0001 RECEIVED AUG 12022 DCM WILMINIGTON, NC https://fax.brunsco.netIITSNet/AppraisalCard.aspx?Page=1&idP=10446661&idB=4833264&PageCount=l&08XFPaging=True&OBXFStartRow=1&OB... 1/1 DEED OF TRUST This Instrument Prepared By: United Wholesale Mortgage, LLC 585 South Boulevard E Pontiac, MI 48341 (800) 981-8898 After Recording Return To: UNITED WHOLESALE MORTGAGE, LLC 585 SOUTH BOULEVARD E PONTIAC, MI 48341 ATTN: POST CLOSING MANAGER Loan Number: 1221982680 MIN: 100032412219826804 MERS Phone: 888-679-6377 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated OCTOBER 8, 2021 , together with all Riders to this document. (B) "Borrower" is Michael Scudder, A Single Man, and Marc John Scudder and Tina LaRose Scudder, Husband and Wife, As Tenancy by the Entirety Borrower is the trustor under this Security Instrument. (C) "Lender" is United Wholesale Mortgage, LLC Lender is a LIMITED LIABILITY COMPANY organize• d and existing under the laws of MICHIGAN Lender's address is 585 South Boulevard E, Pontiac, Michigan 48341 (C-1) The name of the Mortgage Broker is Dolfin Home Loans LLC NORTH CAROLINA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Farm 3034 1101 Page 1 of 14 20ZI iiialg:3kolciii 9a2f58ET-E6 AUGI2022 DCM WILMINGTON, NC (D) "Trustee" is THE CAUDLE LAW FIRM, P.A. 5950 FAIRVIEW RD., SUITE 619, CHARLOTTE, NORTH CAROLINA 28210 (E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. NIERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.Q. Box 2026, Flint, MI 48501-2026, tel, (888) 679-MERS. (F) "Note" means the promissory note signed by Borrower and dated OCTOBER 8, 2021 The Note states that Borrower owes Lender FIVE HUNDRED FORTY-EIGHT THOUSAND AND 00/100 Dollars (U.S. $548,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than NOVEMBER 1, 2051 (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ❑ Adjustable Rate Rider ❑ Balloon Rider ® 1-4 Family Rider ❑ Condominium Rider ❑ Planned Unit Development Rider ❑ Biweekly Payment Rider ❑ Second Home Rider ❑ Other(s) [specify] (J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions. (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" means those items that are described in Section 3. (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (12 C.F,R. Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, NORTH CAROLINA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3034 1/01 Page 2 of 14 Aoc Magrea 20211008073220-1221982680-ED AUG 2022 "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee and Trustee's successors and assigns, in trust, with power of sale, the following described property located in the COUNTY of BRUNSWICK [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] See Attached A.P.N.: Parcel 232PG030 which currently has the address of Holden Beach [City] 125 Highpoint St. [Street] , North Carolina 28462 ("Property Address"): [Zip Cade] TO HAVE AND TO HOLD this property unto Trustee and Trustee's successors and assigns, forever, together with all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. NORTH CAROLINA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3034 1/01 Page 3 of 14 R DocMegfc ertgam 20211008073ltretyp Eo AUG .12022 DCM WILMINGTON, NC UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. If Borrower has breached any covenant or agreement in this Security Instrument and Lender has accelerated the obligations of Borrower hereunder pursuant to Section 22 then Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for; (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (h) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender NORTH CAROLINA - Single Family - Fannie MaefFroddie Mac UNIFORM INSTRUMENT - MERS Form 3034 1/01 Page 4 of 14 Demaroort 20211O 322a-1221982seo-EDVE D AUG 1 2D22 DCM WiLMINGTON, NC Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require- Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall he paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments, If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. NORTH CAROLINA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3034 1/01 Page 5 of 14 Dae elVLD 2021 I008073220-1221y82690-FD AUG 12022 0CM WILMINGTON, NC 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one- time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee, hi the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights NORTH CAROLINA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3034 1/01 Page 6 of 14 II Dodd mzrt1ouea z i9B E41 ED AUG 12022 0CM WILMINGTON, NC are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. -Occupancy. Borrower shall occupy, establish, and use the Property -as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed, If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest hi the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrowershall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Leader agrees to the merger in writing. NORTH CAROLINA _ Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3034 1/01 Page 7 of 14 t DoeMeejc Weiersigs 2 0211601873220-121T982680-ED A U [ 12022 DCM WILMINGTON, NC 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect, Lender will accept, use and retain these payments as a non-refundable loss reserve, if permitted under Applicable Law, in lieu of Mortgage Insurance, Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve, if permitted under Applicable Law. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is ob ained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, if permitted under Applicable Law, or to provide a non-refundable lass reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law, Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other taw. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in. a single disbursement NORTH CAROLINA - Single Family - Fannie MaefFreddie Mac UNIFORM INSTRUMENT - MERS Form 3034 1/DI Page 8 of 14 DociiigersaiED 202110080732264/21381660-ED AUG 1.2022 DCM WILMINGTON, NC or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or -earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall he reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds, Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower, Lender shall not he required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not NORTH CAROLINA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3034 1/01 Page 8 of 14 DocMagfe ns zozn����F AUG 1 2022 DCM W(LmiNGrON NC personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. - -- Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a Iaw which sets maximum loan charges, and that Iaw is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other mans. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address, If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial NORTH CAROLINA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3034 1/01 Page 10 of 14 DocGfagic n 20211 22D-17.21950-ED RECEIVED AUG I2022 DCM WILMINGTON, NC interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section I5 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (e) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement slims and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and arenot assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower orLender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. NORTH CAROUNA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3034 1/01 Page 11 of 14 476/210 20211003073220-12214826e0-5D AUG r' ®CM WILMINGTO:` 21, Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline; -kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any HazArdous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the. Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup, NON -UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement hi this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, and if it is determined in a hearing held in accordance with Applicable Law that Trustee can proceed to sale, Trustee shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as Applicable Law may require. After the time required by Applicable Law and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth NORTH CAROLINA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3034 1/01 Page 12 of 14 1)ocAlo.12 _ E I e 1 E ' 2621100811737.Nj-122i V AUG 12022 CCM WILMINGTON, NC of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, Trustee's fees of 5.000 % of the gross sale price; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. The interest rate set forth in the Note shall apply whether before or after any judgment on the indebtedness evidenced by the Note. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender or Trustee shall cancel this Security Instrument. If Trustee is requested to release this Security Instrument, all notes evidencing debt secured by this Security Instrument shall be surrendered to Trustee. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Substitute Trustee, Lender may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Attorneys' Fees. Attorneys' fees must be reasonable. BY SIGNING UNDER SEAL BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. (Seal) (Seal) Michael Scudder -Borrower Marc John Scudder -Borrower (Seal) Tina LaRose Scudder -Borrower NORTH CAROLINA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3034 1l01 Pane 13 of 14 DocAtailaaGEaVED 2OJ1 UOso7sZ fl122p9O26eo-m AUG 2022 CCM WILMINGTON, NC NORTH CAROUNA [Space Below This Line For Acknowledgment] BRUNSWICK County. 1, , do hereby certify that (name of notarizing official and his official title) Michael Scudder AND Marc John Scudder AND Tina LaRose Scudder (here give the name of the individual whose acknowledgment is being taken) personally appeared before me this day and acknowledged the due execution of the foregoing instrument (or attached document ) (description of document) Witness my hand and (where an official seal is required by law) official seal this the day of (month/year). (Official Seal) (Official Signature of Notary) (Notary's printed or typed name) , Notary Public My commission expires. LLoan opn inator: Daniej James pL ie, NMLSR ID 7 070 LS{{�� IID 185498gg oan Qri jnator Organization: h1NI ED Home OLESASL MOR GAGE, LLC, NMLSR ID 3038 oan Ori lnatar Organization: NORTH CAROLINA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3034 1/01 Page 14 of 14 UocMagfc eRierbiais 20511oo8073220-72219112690-En RECEIVED AUG 12022 13CM WILMINGTON, NC ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 31, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck@NCDENR.gov SUBJECT: CA MA Applicant: Marc, Michael and Tina Scudder Project Location: 125 High Point Street, canal adj. to AIWW in Holden Beach, Brunswick County. Proposed Project: The applicant proposes to expand an existing docking facility with the construction of a new boat lift, increasing from two (2) to three (3) proposed slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by September 25, 2022. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 when appropriate, in- depth comments with supporting data is requested. REPLY: PRINT NAME AGENCY SIGNATURE 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. £ D_E NORTH CAROLINA Department of Environmental Dual DATE North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Project Name: Major Permit Fee Schedule 5c(kc Development Type I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: il. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: Ill. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A.B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 4175 can be applied: Itl(B). Public or commercial development, if General Water Quality Certification No 4175 can be applied: iil(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: Fee $250 $400 $400 $400 County: DCM % (14300160143510009316256253) 100% ($250) 100% ($400) 100% ($250) 100% ($400) 60% ($240) coo Check NAmount: DWQ% (2430016024351000952341) 0% ($0) 0% ($0) 0% ($0) 0% ($0) 40% ($160) Ill(D) If General Water Quality Certification No. 4175 cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% ($285) 40% ($190)