20150516 Ver 2_More Info Received_20190809

Strickland, Bev
From: Day, Susan
Sent: Friday, August 09, 2019 10:19 AM
To: J.D. O'Neal; Love-Adrick, Rachel A; Liz Hair ([e-mail]); Padrick, Lee;
DCR - Environmental -Review; Southerly, Chris; Cox, Heidi; Staples, Shane; Harris, David
B; Jenkins, Shannon; Gupton, Sharon; Walton, Tim; Moser, Mike; Hilliard, Wanda;
Sullivan, Shelton; Hall, Christine; Mairs, Robb L; Dunn, Maria T.; Butler, Rodney A
Subject: CAMA Major Permit Application: Charles Zwerling
Attachments: Charles Zwerling App..pdf, Charles Zwerling Maps.pdf, Comment Sheet for Charles
Zwerling.doc
Hello All:
Please accept this correspondence as the official distribution of a CAMA application from Charles
Zwerling. Attachments include: Field Investigative Report, narrative, application, workplans, comment sheet
and any other document specifically for you.
NOTE: Please complete the bottom portion of the comment sheet with your information and signature.
NO oversized workplans have been submitted by the applicant
This email has a return receipt notification. Please accept the request, as we will use it to log receipt of the
application. As DCM moves forward in updating our electronic permitting efforts this process will evolve, so
we appreciate your understanding as we move away from a paper-based application.
For questions or concerns, please contact Gregg Bodnar at [e-mail] or [phone] ext.
215.
Thanks and have a great day.
Stoats S. Dace
Office Manager
Division of Coastal Management
Department of Environmental Quality
400 Commerce Ave
Morehead City, NC 28557
252 808 2808 Ext. 206 office
Susan. Daya-ncdenr.gov
Nothing Compares]
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

F

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Charles Zwerling
2. LOCATION OF PROJECT SITE: Site is at 150 Headen Lane, off of Salter Path Road, on
Bogue Sound in Salter Path, Carteret County.
Photo Index - 2006: 38-8076 grids P-16; 2000: 38-485 grids P-16
Longitude: 76°53'11.62"W Latitude: 34°41'23.62"N
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— several since 2015
Was Applicant or Agent Present — Yes/No
Photos Taken — Yes
5. PROCESSING PROCEDURE: Application Originally Submitted — 4/16/19
Office — MHC
Application Received Complete — 7/30/19
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Carteret County
Land Classification from LUP — Rural with Services
(B) AEC(s) Involved: EW, PTA
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing — none
Planned - none
(F) Type of Structures: Existing — local museum and bulkhead
Planned - 5 -slip docking facility
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
7. HABITAT DESCRIPTION: DREDGED FILLED OTHER
(A) Open Water
1,203 ftz incorp
627 ft2 shaded
(E) Total Area Disturbed: 1,203 ft'
(F) Primary Nursery Area: No
(G) Water Classification: SA; HQW Open: No
(H) Cultural Resources: None
8. PROJECT SUMMARY: The applicant wishes to construct a 5 -slip docking facility
for commercial use.

Field Investigation Report:
Page 2 of 3
9. Narrative Description:
This is a request to reissue CAMA Major Permit #99-15 that was issued on September 24,
2015 and expired on December 31, 2018. The USArmy Corps of Engineers issued General
Permit 197800056 (Action ID # SAW -2015-01289) on June 30, 2015, and theNCDivision
of Water Resources assigned the proposed project DWR Project # DWR -2015-0516.
The property is a 0.114 -acre parcel at 150 Headen Lane in Salter Path, Carteret County.
The Carteret County Land Use Plan has classified this area as Rural with Services, with
CAMA AEC's classified as Conservation. This site is developed with an existing
bulkhead and a single -story block building currently being used as a local museum. The
adjacent riparian property to the west is a commercial marina (ref. Major Permit 4163-07),
called Homers Point Marina. The adjacent riparian property to the east is a waterfront
restaurant, The Crab Shack.
There is a total of 51' of shoreline on this property, along Bogue Sound. Bogue Sound is
approximately 2.5 miles across at this location. The nearby designated Federal Channel is
approximately 2.0 miles north of this location. There are no Section 404 or coastal wetlands
on the property. The average upland elevation on the property is 5' normal high water level
(ani')•
These waters of Bogue Sound are classified as SA, High Quality Waters. None of the project
area is within PNA; it does not have submerged aquatic vegetation, and is closed to the harvest
of shellfish. Bottom elevations within the project area range from -1 to —4 feet normal low
water level (nlw). The bottom substrate is coarse sand and does not lend itself easily to
suspension. These waters have an approximate'/ -2' lunar tidal amplitude.
10. Proposed Development:
The applicant wishes to construct a 5 -slip docking facility with boat lifts for commercial
use. This proposal was previously authorized via CAMA Major Permit #99-15. Due to
personal financial constraints and subsequent arrival of Hurricane Florence, no substantial
development had occurred prior to the permit's expiration on December 31, 2018.
The applicant is proposing to construct a pier that is 6' wide and 63.5' long, approximately
5' from the eastern adjacent riparian property line. There are three finger piers proposed to
support the five boat slips. Each finger pier will be 3' wide and 27.3' long. The first boat
slip would be a side -to slip and the remaining four would be defined by 12' wide and 12'
long boat lifts. Water depths within the boat slips range from -2.5' to -4.0' nlw.
Brad Connell August 8, 2019 Morehead City

Field Investigation Report:
Page 3 of 3
11. Anticipated Impacts:
The proposed 5 -slip docking facility would not pose a hazard to navigation as it would be 20'
from the edge of the navigable slough. As proposed, the docks and finger piers will shade
approximately 627 ft of open water/shallow bottom habitat, which incorporates 1,203 ftZ
along 47' of shoreline. The proposal encroaches into both of the adjacent riparian property
setbacks.
No SAV were observed in the area. These waters of Bogue Sound are not listed as Primary
Nursery Area (PNA) and are classified as SA, High Quality Waters. These waters are within
the White Oak River basin and are closed to the harvest of shellfish.
Brad Connell August 8, 2019 Morehead City

APPLICATION for
Major Development Permit
(last revlsed 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
Business Name
Project Name (if applicable)
LasttNNaam•
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Applicant 1: First Name
MI Last Name
Last Name
Mailing Address
G
7
State
tL
ZIP
'�95q\�
I
-WA -
FAX No.
Contractor #
Applicant 2: First Name
MI Last Name
State
ZIP
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
`,,,yr��,.�.,
Cq v
1�1
` , 1 C�
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ZIP
Country
Phone No.
FAX No.
ext.
Street Address (if different from above)
City
State
ZIP
Email (�\
I . ._ 1.
Business Name
Agent/ Contractor 1: First Name
MI
LasttNNaam•
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Agent/ Co ctor 2: First Name
MI
Last Name
Mailing Address
PO Box
34
city
Sa\}e
State
tL
ZIP
'�95q\�
I
Phone No. 1 Phone No. 2
oz� fr ext. - - ext.
FAX No.
Contractor #
Street Address (if different from above)
I City
State
ZIP
Email
RECEIVED
<Form continues on back>
JUL 12 2019
252-808-2808 :: 1-888-4RCOA5T :: www.nccoastaimCann aAm e[Tv

,Form DCM MP -1 (Page 2 of 4)
APPLICATION for
Major Development Permit
County (can be multiple) Street Address State Rd. #
eue so �Id
Subdivision Name City r�\L'
tate Zip
Scti\ er A-' oluq.r
Phone No. Lot No.(s) (if many, attach additional page with list)
gu qwr
ext. o 1 • I I I,
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
UVAC as SOG
c. Is the water body identified in (b) above, natural or manmade? d. Name th osest major water body to the proposed project site.
]Natural ❑Manmade ❑Unknown C
ou rA
e. Is proposed work within city limits or planning jurisdiction? I. If applic e, list the planning jurisdiction or city limit the proposed
Was ❑No work falls within.
(�
CtAere-Cv - Car Co
ly-
<Form continues on next page> RECEIVED
JUL 12 2019
252.808-2808 :: 1.888.4RCOAST :: www.nccoastalma M nkrr t!ITY
a.
Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
Wl5 85 1 `i 1
o a
c.
Size of individual lot(s) d. Approximate elev ion of tract above NHW (normal high water) or
a N Qt. NWL (normal water level)
(If many lot sizes, please attach additional page with a list) JNNHW or ❑NWL 1
e.
Vegetation onn tract
ll Vtl,&
f
Man-made features and uses now on tract
g.
Identify and describe Ubb existing land uses adjacent to the proposed project site.
1 E X'�s}� nnqq '1"� r. no,
�5�admf>
3 a
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
(Attach zoning compliance certificate, if applicable)
Zd�e
KYes ❑No DNA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes KNo
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes XjNo ❑NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ,JKNo DNA
National Register listed or eligible property?
<Form continues on next page> RECEIVED
JUL 12 2019
252.808-2808 :: 1.888.4RCOAST :: www.nccoastalma M nkrr t!ITY

,Form DCM MP -1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site?
❑Yes VNo
(ii) Are there coastal wetlands on the site?
❑Yes ,KNo
(iii) If yes to either (i) or (ii) above, has a delineation been conducted?
❑Yes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
non
c. Describe existing drinking water supply source.
y + s NN
p. Describe existing storm water management or treatment systems.
a. Will the project be for commercial, public, or private use? Kcammercial ❑Public/Government
+ ; ❑Private/Community
b Give a brief description of purpo , use, and d ily operations of the project when complete,
boat S\ -.t Reek
G'. Descri6 the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored. �+ \
Wood ira e coc \ ivt9 DbAYS,;�
R*'1e .54prICA Abid t� SAD 'IhO+ eAiell in a4Se+ wN car
d. List all dev I pment activities you propose.
uo� as
s„$ktk)\ -1 i1Ve
e. Are the proposed activities maintenance of an existing project, new work, or both?
VeQ
f. What is the approximate total disturbed land area resulting from the proposed project? XSq.Ft or ❑Acres
O
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes )QNo [INA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
Doi ata +as f
i. Will wastewater or stormwaO be discharged into a wetland? I ❑Yes ❑No ,KNA
If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No JZNA
j. Is there any mitigation proposed? ❑Yes [_-]No A
If yes, attach a mitigation proposal.
<Form continues on back>
6" rzk@ m.Iv:L8
JUL i 2 2019
252.808-2808 :: 1.888.4111COAST :: wwvv.nccoastaImana9QqK-MhP CITY

Form DCM MP -1 (Page 4 of 4)
APPLICATION for
Major. Development Permit
6 /additional informafi6n ,
lo:a tion to this conipleterlpp&cshog fomr {MP i} the'toflbwing items below, IfappliEals glust6e sgbm Eted in otde/fa[ftta appli�at on
ppc(Se, e`.tobAtrimpleis f[ems(y)-(I}am9lwaysapplrcebtetoagmajor d"holiment0plicgdon. PieaS6cgns`glfthi0*tgaffdn
ins",'on qo klet onhoivv to,R�Pe11Yprepare the repaired Ftednv below.
a. A project narrative. fie Q Q
b. An accurate, dated work plat (including plan view and cross-sectional rawings)drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? I previouslyuthonz d work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed. e �;
c. A site or location map that is sufficiently det 'led to i e ag ncy erson el• n[ ilia with a 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 r1ke. c_ 1 Phone No.
Address iytnyiim4K tiA r Saler A �4 ^-) 9'11 S V L/ lf'
Name '\`w-,e(5�� A / D `y, Ph\on'e7No
Address `�y Ste• �'W>au�\r!Q�l'i1 �� Z.) Lt�^J� / f�
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.
11 N
vu Tcllorlft7l
h. Signed consultant or agent authorization form, if applicable. L1a
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) Q
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 fu0ds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy A,
t.
T. Certitiaation 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 its truthful to the best of my knowledge.
Date ZOj Print Name uYA•ii1.l�N( ;
Signature f.r%fes r w-
Please indicate application attachments pertaining to your proposed project. RECEIVE®
❑DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts
❑DCM MP -3 Upland Development
Ki7DCM MP -4 Structures Information JUL 12 2019
DCM-MMD CITY
:: 1.838-4P'COAST :: v4r eav wa. a��sos as8a6�nna a��e�ent 8.oc e4

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.
1. POCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable
a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public?
Commercial ❑Public/Government ❑Private/Community Yes ❑No
c. (i) Dock(s) and/or pier(s)
(ii) Number
(iii) Length
f
(iv) Width
W
(v) Floating
[]Yes Ofylo
e. (i) Are Platforms included? ❑Yes l5t O
If yes: -��`
(ii) Number
(iii) Length
(iv) Width
(v) Floating ❑Yes ❑No
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Nur9ber of slips proposed
(ii) Number of slips existing
O
i. Check the proposed type of siting:
❑ Land cut and access channel
[]Open water; dredging for basin and/or channel
']Open water, no dredging required
,'❑``Other; please describe:
k. Typical boat length: ;N
f
m. (i) Will the facility have tie pilings?
❑Yes ot!0
(ii) If yes number of tie pilings?
d. (i) Are Finger Piers included? Ayes []No
If yes:
(ii) Number
(iii) LengthZ(
(iv) Width
ZL
(v) Floating
[]Yes. &No
f. (i) Are Boatlifts
included? KYes ❑No
If yes:
Jl
7
(ii) Number
(iii) Length
I Z -
(iv)
(iv) Width
(Z(
h. Check all the typesof services to be provided.
❑ Full service, including travel lift and/or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies (s'
uockage ("wet slips") only, number of slips: J
F1 Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats�arixed types).
cipe—A, Gvn et
I. (i) Wy) the facility be open to the general public?
Yes ❑No
JUL 12 2019

Forth DCM MP -4 (Structures, Page 2 of 4)
2 �DOL!(lNG'FACl�`�TYIM _RINA O�ERRR� T/ � NS P' A��
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: _; Location: (� nw .. ,A .. wneA
❑ Showers
❑ Soatholding 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.
wnc Ix%II)SA
d. How will overboard discharge of sewage from boats be controlled?
ran6 OA0weA oc, s;�C.
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
(it) Give the location and number of "Pumpout Available" signs proposed.
�c d Cjps)" 11 d,
I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
111.1wP rA`liD►tkci OA Si
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed. 6
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
Tom G� UM1 or\SAr-
j. What will be the marina policy on overnight and live -aboard dockage?
—tee
k. Describe design measures that promote boat basin flushing?
RECOVE®
I. If this project is an expansion of an existing marina, what types of services are currently provided?
t
&k /ill 11 209
��
252-808.2808 :: 1-888.4RCOAST :: www.nccoastalmanaaement.net revised: 12/27/05

53$2'.. i- ! stua..lvz'�"Pat"," 3 01 `5)
m. Is the mann /docking facility proposed within a primary or secondary nursery area?
❑Yes XNo
n. Is the me�'nya/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes WtIINo
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are c ecked, provide the number of square feet affected.
❑CW = _ SB
❑WL 14 e
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yeso
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. '' N\
3. BOATHOUSE (including covered lifts) his section not applicable
a. (1) Is the boathouse structure(s):
[]Commercial ❑Public/Govemment ❑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 and Fill.) 's section not applicable
a. (i) Number _
(ii) Length
(iii) Width
5. BREAKWATER (e.g., wood, sheetpile, etc.) Xhis section not applicable
a. Length
c. Maximum distance beyond NHW, NWL or wetlands
b. Average distance from NHW, NWL, or wetlands
16. MOORING PILINGS and BUOYS This section not applicable
a. Is the structure(s):
❑Commercial ❑Public/Govemment ❑Private/Community
c. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
i
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
v:a< `s v80. t_jy _ i. . . ,✓ r, y.: o- ..a , u,.Igt: _ c :7�9r�
P. CM-MHD CITY

Form DCM MP -4 (Structures, Page 4 of 4)
T GENERAL
a. Proximity
i
Of structura(ss) to adjacent riparian property lines b.. Proximity of structure(s) to adjacent docking facilities.
V MN&1 ?-.P IAi— e%JAS h M
Note: For buoy or mooring piling, use arc of swing including length.
of vessel
c. Width of water ody�r �DuA) d. Water depth at waterward end of structure at NLW or NWL
e. (i) Will navigational aids be required as a result of the project?
[]Yes J$No ❑NA
(ii) If yes, explain what type and how they will be implemented.
8. OTHER pThis section not applicable
a.
JUL 12 2019
DCC -HAND CITY
232-808-2808 :: 1-838.4uRCOASV :; www.riccoastalmnanagament.ee4 revtseda 92127108

Narrative Summary of the Homer's Point Marina Permit #163-07
and the Zwerling CAMA Major Permit #99-15
Project Narrative Request for Renewal CAMA Major Permit #99-15
Salter Path Development Group, LLC ("Development Group") wanted to expand and
enlarge an existing marina known as Homers Point Marina ("the Marina") in 2006. Charles and
Melissa Zwerling ("The Zwerlings") owned a parcel of land adjacent to the property which the
Development Group intended to utilize to expand the Marina at 150 Headen Lane, Salter Path,
NC.. The Development Group believed it needed the Zwerling' s property to complete its
marina expansion. The Zwerlings property bordered the waterway known as the Bogue Sound
giving it certain riparian rights as hereafter described. The Zwerling' s property was that certain
lot known as Lot Number Seven (7), Section Four (4), as shown on the maps of "The Village of
Salter Path", which are filed with and incorporated in that certain Judgment of the Superior Court
of Carteret County, said Judgment being recorded in the Judgment Book 9, Page 45 and having
been entered in that certain proceeding captioned "Carteret County vs. Janice Lewis Austin, et
al.," Civil Action No. 75 CvS 236, said maps also being recorded in Map Book 16, Pages 45-50,
Carteret County Registry.
When the Zwerlings learned of the proposed Marina expansion, they filed objections with
CAMA on July 5, 2006, to the proposed Marina expansion, specifically to the building of boat
slips Numbers 34, 35, 36, 37 44, and 45, because the slips would block the Plaintiffs' direct
riparian view of Bogue Sound as well as infringe on the Zwerling' s ability to dock and
maneuver their boats. Still later, on January 2, 2007, the Zwerling' s objected to the Marina
expansion and specifically objected to the building of only slips Numbers 21 through 36 and 43
through 48, because these slips would block the Plaintiffs' direct riparian view of Bogue Sound
as well as infringe upon their riparian corridor and their ability to dock and maneuver their boats.
Moreover, the extension of the Marina into the Zwerling' s riparian corridor would create
dangerous congestion of marine vessels. Finally, the Zwerlings made a third objection by means
of letter dated December 17, 2007. The rounds for this objection also were loss of riparian view
and loss of riparian corridor.
The Mike Fiorini and the Development Group approached the Plaintiffs and made inquiry
about whether the Zwerlings would sell their real property to the Development Group. At all
relevant times Fiorini represented to the Zwerlings and to CAMA that Mike Fiorini was the
owner often (10) boat slips, slips Number 63-72. Verbally and in writing, the Fiorini
represented to the Zwerling' s that they were the owners of the ten (10) boat slips (Numbers 63-
72).
As a result of their negotiations, the Zwerlings as Seller and the Development Center as
Buyer entered into an Agreement dated January 7, 2008, wherein the Seller (the Zwerlings)
agreed to sell their parcel and the Buyer (Development Group) agreed to buy it for the sum of
RECEMED
JUL 12 2019

$500,000.00. The Development Group agreed to pay and did pay $500,000.00 down payment
and agreed to execute a Promissory Note to the Plaintiffs for the sum of $450,000.00 payable at
8 percent (8%) annual interest with 120 equal monthly payments of $5,459.74. The Promissory
Note was to be secured by a Deed of Trust on the parcel and by a Security Agreement executed
by the Defendants giving the ten (10) bloat slips referred to above (numbers 63-72) as additional
security. The Agreement further provided that "Seller [the Zwerling' s] agrees to release one
boat slip for each $50,000.00 in principal payments received on the Note. In the event of
Buyer's [Development Group] subsequent default upon a promissory note and deed of trust
given hereunder, Seller's [the Zwerling' s] remedies will be limited to foreclosure of the
collateral and return of real property described herein." Also, prior to closing, the Seller (the
Zwerling' s) agreed to deliver to the Buyer a letter addressed to CAMA withdrawing the Seller's
(the Plaintiffs') objection to the expansion of the Marina filed by the Seller on December 17,
2007. The Zwerlings, as Seller, did withdraw their objections by means of a letter to CAMA and
CAMA approved the expansion of the Marina. As part of the Agreement, the Defendants signed
the Agreement under Seal as "GUARANTOR OF COLLATERAL."
Pursuant to the terms of the Agreement, by means of a deed dated January 18, 2008, and
recorded in the Office of the Registrar of Deeds of Carteret County, North Carolina, in Book
1255, Page 124, the Plaintiffs sold to the Development Group their parcel of land described
above. Pursuant to the Agreement, the Plaintiffs financed the acquisition of the real property and
to evidence the financing, the Development Group executed a Purchase Money Promissory Note
("the Promissory Note") payable to the Plaintiffs in the amount of $450,000.00, said Note being
dated January 17, 2008. The Promissory Note called for 120 equal monthly payments of
$5,459.74, commencing on February 18, 2008, and to continue on the 17"' day of each month
thereafter with a final payment due in January 18, 2018. The Promissory note was secured by
means of a Purchase Money Deed of Trust dated January 17, 2008, executed by Development
Group to Joyce Keller, Trustee, with the Plaintiffs as named Beneficiaries wherein the Plaintiffs'
property described above was given security.
In conformance with the Zwerling' s requirements and pursuant to the Agreement, the
Fiorinis executed a Security Agreement dated January 17, 2008, wherein the Fiorini purported to
give the Plaintiffs a security interest in ten (10) boat slips, bearing Numbers 63, 64, 65, 66, 67,
68, 69, 70, 71, and 72, as shown on a CAMA Permit 163-07 issued to , Mike Fiorini, on
November 28, 2007, as additional security for the Promissory Note. The Fiorinis also purported
to convey to the Zwerling' s an easement to and from the above- described boat slips.
In the Security Agreement, signed under Seal, the Fiorinis warranted to the Zwerling' s
that the Fiorinis were the owners of the boat slips (Numbers 63-72) free from any adverse lien,
security interest, or other encumbrance, and that the Fiorinis would defend the property against
the claims and demands of all persons whatsoever.

In about January of 2012, the Development Group defaulted on the Promissory note. The
Zwerlings substituted John M. Harris as Trustee under the above Deed of Trust. John M. Harris,
as Successor Trustee, initiated a foreclosure proceeding in the Office of the Clerk of Superior
Court of Carteret County, North Carolina, and, after advertisement as allowed by law, sold the
real estate described in the Deed of Trust to the Plaintiffs for the sum of $180,000.00.
The Zwerling' s began the process of exercising their rights under the Security
Agreement when they became aware that the Fiorinis did not and do not own the boat slips
(Number 63-72) in question, which were purportedly given to the Zwerlings as a security on the
Promissory Note referred above. Each boat slip (Numbers 63-72) had been agreed to have a
value of $50,000.00 each. The Zwerlings have now learned that the Development Group
likewise does not and did not own the boat slips (numbers 63-72); rather, they are owned by
Marie Smith, the mother of Frieda Fiorini. The Fiorinis breached their warranty of ownership
because they did not own the boat slips (Numbers 63-72).
The end result is that the Zwerling' s have lost their riparian rights (view, corridor, and all
other) in that their riparian rights are obstructed by boat slips Numbers 21-36 and 43-48. The
security interest purportedly given by the Fiorinis to the Zwerlings in slips Numbers 63-72 to
secure the loss of the riparian corridor rights to Zwerlings property has no value, because the
Fiorinis do not own slips Numbers 63-72. It was reasonably foreseeable to the Fiorinis that the
Zwerlings would be damaged by the Fiorini's nonownership of the boat slips should there be a
default.
In addition the Zwerlings have been further damaged in loss of their riparian rights to have 2
boat slips at this property. In 2008 the Salter Path Development Group, LLC "transferred" the
then two existing boat slips of the Zwerlings [property to the overall marina project. These two
boat slips have not been transferred back as pursuant to the foreclosure deed and title as directed
by the NC Court. Apparently in 2008, according to Permit #163-07 the Salter Path Development,
LLC "transferred" the then two (2) existing boat slips of the Zwerlings property o the overall
marina project. These two (2) boat slips have not been transferred back to the Zwerlings as
pursuant to the foreclosure deed and title as directed by the NC court in June 2012. Thus, the
result of this loss of riparian rights have caused the Zwerlings to have "no formailized mooring
or dockage of any vessels, even on a temporary basis, is authorized on the adjacent pier formally
{sic} owned by the Zwerlings"
The end result is that the Zwerlings have lost their rights under the Security Agreement
and their riparian rights for boat dockage and their riparian corridor which is now
obstructed by the sixteen (16) boat slips of the Marina.
RECEIVED
JUL 12 2019
DCM-_ `IHD CITY

In February 2015, the Zwerlings and the Fiorinis and Salter Path Development Group entered
into a court ordered mediation in which the Salter Path Development Group and Fiorinis
promised to "shall in fact wild provide any assistance reasonably necessary for the Plantiffs
(Zwerlings) to secure a CAMA permit for Plantiffs (Zwerlings) to be able to construct a facility
on their property for the keeping of at least (4) boat lifts and (1) wet slip on the Plantiffs
(Zwerlings) property located in Salter Path, NC"
On September 24, 2015 the State of North Carolina Department of Environmental Quality and
Coastal Resources Commission issued a Major Permit 499-15 to Charles Zwerling, 2709
Medical Office Place, Goldsboro, NC 27534 for the permitte's application dated 3/12/2015 MP -1
9/15/2015 Mp-4 and attached drawings dated 4/24/2015.The permit expires on December 31,
2018.
In November 2015 the Zwerlings began construction of the project on their property at 150
Headen Lane, Salter Path NC. In December 2015 Mr. Fiorini made a complaint to Mr. Brad
Connell, Field Representative, for the Division of Coastal Management in Morehead City, NC:
"Mr. Fiorini called me this morning with some concerns regarding the piling placement for your
permitted docking facility. After meeting with him today out on site to discuss his concerns, the DCM will
review the piling placement for compliance with the permit issued. I will follow up with you and your
Authorized Agent, Mr. Guthrie, upon concluding a more in-depth evaluation of this matter by the
DCM. Your patience in the interim is greatly appreciated." Due to this complaint all further construction
was halted. An on-site inspection was performed attended by Mr. Fiorini, CAMA representatives and
project manager, Mr. Douglas Guthrie. The matter of contention by Mr. Fiorini was settled without the
need for any further actions.
In January 2016 Dr. Zwerling received a new a mail from Mr. Brad Connell with following concerns
"since our meeting with Mr. Guthrie on site last week, Mr. Fiorini now contends that the newly installed
pilings are extending out 10' farther waterward than what was permitted. We can address this concern
after you have decided how you wish to proceed....)"
The Zwerlings agreed to move the one piling that Mr. Fiorini felt was out 10' farther waterward than
what was permitted. In March 2016 the piling was moved with all parties concerned in attendance
including Mr. Fiorini, Dr. Zwerling, Brad Connell and Craig Guthrie, neighboring property owner. The
piling was moved by Mr. Dean Barnes. The matter was considered closed by all parties concerned.
At this same time in the spring of 2016 Dr. Zwerling created the Salter Path Museum (SPM). The plan for
the museum was to complete the construction of the docking facilities for boating visitors to the
museum and the development of boat tours and educational programs related to the history and
preservation of Salter Path. Moreover the boat slips would provide additional income streams for the
museum in the future.
DC41 _mq, c, -*`Y

In early October 2016 the North Carolina and coastal regions were devastated by Hurricane Matthew.
This hurricane destroyed all the early dock and pier construction efforts of the Salter Path Museum.
Moreover, the museum sustained internal damage as well. The Board of Directors decided and agreed
that the building had to be repaired first before re -beginning the dock and pier construction of the
CAMA permit 99-15.
In the spring of 2017 the Salter Path Museum was able to re -open to the public. In the late summer of
2017, the Zwerlings met with several contractors to obtain bids for the resumption of the CAMA Permit
Project #99-15.
On or about November 15, 2017, Mr. Fiorini placed two sets of pilings in the turning basin of Homer's
Point Marina. These pilings obstructed the use of the proposed boat slips on the adjacent Zwerling
property. Neither Dr. Zwerling or his property manager, Mr. Douglas Guthrie were ever contacted
about this project by Mr. Fiorini. Dr. Zwerling contacted CAMA to oppose the placement of these pilings
and request that CAMA order Mr. Fiorini to immediately remove them. The pilings clearly obstructed
navigation and use of the proposed boat slips for CAMA Permit #99-15. Moreover, the pilings
represented a clear violation of the CAMA Permit #163-07. Finally after a few months, Mr. Fiorini
removed the illegally placed pilings.
In the spring of 2018 Mr. Fiorini again contested to the placement of the pilings for CAMA Permit #99-
15. The Zwerlings and their project manager were concerned about proceeding with the expensive
construction of the boat docks and piers from the continued interference of Mr. Fiorini.
On September 14, 2018 the Salter Path Museum, Inc. located at 150 Headen Lane, Salter Path NC 28575,
bordering on Bogue Sound, sustained massive damage from Hurricane Florence's wind and sea
floodwaters. Specifically, destruction to the building interior, exterior and roof, electrical outlets, rear
wooden deck, and internal contents. But fortunately, all the artists who maintained inventory at the
museum were notified and removed their property before the arrival of the hurricane.
After numerous meetings and careful assessment of the damage, the restoration cost was determined
to be far more than the museum's operating cash flow or reserves. The board also considered the
museum's future business prospects based on prior years' low visitor count and art sales and the likely
recurrence of hurricane damage given the museum's waterfront location.
The Board of Directors has determined that 1) there are insufficient funds for restoration of the Salter
Path Museum and 2) that it will be difficult to maintain it as a "going concern." Therefore, the Board of
Directors has unanimously decided to dissolve the Salter Path Museum and transfer all assets and
property to the Heritage Dance Foundation which originally created the museum and its visual arts
program. This transfer will be done per the Distribution Upon Dissolution provision of the December 14,
2016 Articles of Incorporation of the Salter Path Museum, Inc..
r� !
JUL 12 2Ui
®CNS-MHD CITY

On March 20, 2019, Dr. Zwerling was contacted by Mr. Connell with the following email:
"Mr. Zwerling, FYI, the NCDCM has determined that the pilings at this property encroach into the
neighboring marina's riparian property area. Your agent, Mr. Doug Guthrie, has been instructed to
remove the encroaching pilings immediately. The DCM would like these pilings removed by March 31,
2019 in order to avoid a formal enforcement action. Please contact meat the telephone number below."
The NCDCM also contacted Mr. Dean Barnes, the contractor who had originally placed these pilings for
the CAMA Permit # 99-15. After the removal of these pilings due to the continued complaints of Mr.
Fiorini and his new survey of November 2018, Dr. Zwerling was contacted by CAMA on March 29, 2019:
"Mr. Zwerling, Since the pilings have been removed in the interim, I've confirmed with mysupervisor that
this issue has been resolved to the DCM's satisfaction and we do not need to reschedule this meeting.
Thank you for your cooperation and understanding in this matter. If you wish to meet to discuss re-
applying for a CAMA permit, please do not hesitate to contact meat your convenience."
Thus, due to the unforeseen circumstances of two hurricanes and interference of Mr. Fiorini, the CAMA
Permit Project #99-15 was not able to be completed. After additional discussions with Mr. Connell at the
Division of Coastal Management, it is the desire of Dr. Zwerling as Chairman of the Heritage Dance
Foundation to reapply for the renewal of CAMA Permit #99-15. The completion of this project will
provide a source of income for the Heritage Dance Foundation, a non-profit 501 (c) 3 organization in the
State of North Carolina.
JUL ] �Y -

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Permit ClassTf��TTT Permit Number
NEW 99-15
STATE OF NORTH CAROLINA
Department of Environmental Quality
and RECEIVED
Coastal Resources Commission
r 2 K
Permit
for DCM-MHD GiTY
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Charles Zwerling, 2709 Medical Office Place, Goldsboro, NC 27534
Authorizing development in Carteret County at adi. to Bogue Sound, 150 Headen Lane,
Salter Path as requested in the pennittee's application dated 3/12/15 (MP -1). 9/15/15
(MP -4), incl. attached workplan drawings(2), l of 5 dated 4/24/15 and 2 of 5 (cross-sections only) dated 4/24/15.
This permit,; issued on September 24, 2015 , is subject to compliance with the application (where consistent
with the pennit), all applicable regulations,special conditions and notes set forth below. Any violation of these terms may
tie sunject to tines, imprisonment or ctvu action; or may cause tue permit to be nutt ano vola
Docking Facility
I) This permit authorizes only the docks, piers, and other structures and uses located in or over the
water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over Public
Trust waters without permit modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
reconstructed docking facility. Any sewage discharge at the reconstructed docking facility shall be
considered a violation of this permit for which the permittee is responsible. This prohibition shall be
applied and enforced throughout the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)
4
This permit action maybe appealed by the permittee or other
Signed by the authority of the Secretary of DEQ and the
qualified persons within twenty (20) days of the issuing date.
Chairman of the Coastal Resources Commission.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
t. flBraxton Davis, Director
hereunder requires further Division approval.
V ✓p.,
Division of Coastal Management
All work must cease when the permit expires on
�>
This permit and its conditions are hereby accepted.
December 31, 2018
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee
I -

Charles Zwerling Permit No. 99-15
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of General Permit
197800056 (Action ID No. SAW -2015-01289), which was issued on 6/30/15.
NOTE: The N.C.Division of Water Resources assigned the proposed project DWR Project No. DWR-
2015-0516.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: An application', processing fee of $400 was received by DCM for this project.
t
d
RECEIVED
JUL I
DCM-MHO CITY
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, �

THIS TRUSTEE'S DEED is made and entered into this the 6— day of July, 2012, by and between,
JOHN M. HARRIS, Trustee, as Grantor, and CHARLES S. ZWERLING AND WIFE MELISSA G.
ZWERLING, Grantee, whose address is 2709 Medical Office Place Goldsboro, NC 27534 (The designation
"Grantor" and "Grantee" as used herein shall include said parties, their heirs, successors and assigns, and shall include singular,
plural, masculine, feminine or neuter as required by context)
WHEREAS, SALTER PATH DEVELOPMENT GROUP, LLC ("SPDG") executed to JOYCE
KELLER, Trustee, that certain Deed of Trust executed on January 17, 2008 and recorded on January 22, 2008,
in Book 1255, Pages 125, Carteret County Registry ("Deed of Trust"), securing a Promissory Note for
commercial purposes dated January 17, 2008 in the original face amount of $450,000.00 ("Note") executed by
SPDG in favor of Charles S. Zwerling and wife Melissa G. Zwerling (hereinafter referred to "Zwerling"); and
WHEREAS, the Deed of Trust conveyed to the Trustee the real property described in herein as collateral
for the repayment of a promissory note in the amount of $450,000.00 of even date therewith; and
Whereas JOHN M. HARRIS was substituted as Trustee by document recorded in Book 1401, Page 275,
Carteret County Registry.
WHEREAS, because the indebtedness secured by the Deed of Trust was past due and unpaid, the note
holders of the indebtedness, demanded that the Trustee foreclose the Deed of Trust; and
WHEREAS, the Substitute Trustee initiated a foreclosure proceeding in the Office of the Clerk of
Superior Court of Carteret County, North Carolina (File# 12 SP 120) and pursuant to the initiation of the
foreclosure proceeding, and proper notice was given, a hearing was held before the Clerk of SVppxipX Court of
Carteret County on April 12, 2012; and
MAY k3 I. 2Q7�
WHEREAS, at such hearing, the Clerk of Superior Court of Carteret County enterddaft!O3MWdirecting
the Trustee to proceed with the foreclosure of the Deed of Trust; and
WHEREAS, after due advertisement and notice and compliance both with the terms of the Deed of
Trust and the laws of North Carolina, the Trustee on May 9, 2012 at 10:01 AM, offered for sale to the highest
bidder the property which is hereinafter described and which is the same property encumbered by the
aforementioned Deed of Trust, said sale being conducted at the Carteret County Courthouse in Beaufort, North
BOX) POE 4w,
C
NORTH CAROLINA, GARTERET COUNTY
This Instrument and this certificate are duly flied at
the date and time and 1 a Book and Page shown
s on m6 flat page hereof
FILE # 1022
Jo - noe, war of Deeds
By I Daz ISO
t Qapa4t Rapigerof Deeds
FOR REGISTRATION REGISTER OF DEEDS
Joy Lawrence
REC;IESIVED
Carteret County, NC
July 13, 2012 03:27:33 PN
COUNTER DEED 3 P
APR 16 2019
FEE: $26.00
NC REVENUE STAMP: $360.00
FILE # 1414422
DCM-MMD CITE'
d'teparedb3farni Law9Firm fpLLC
STATE OF NORTH CAROLINA
I\(
Stamps: $360.00
Parcel: 6334.07058.1775
�� e
COUNTY OF GARTERET
.-�>
THIS TRUSTEE'S DEED is made and entered into this the 6— day of July, 2012, by and between,
JOHN M. HARRIS, Trustee, as Grantor, and CHARLES S. ZWERLING AND WIFE MELISSA G.
ZWERLING, Grantee, whose address is 2709 Medical Office Place Goldsboro, NC 27534 (The designation
"Grantor" and "Grantee" as used herein shall include said parties, their heirs, successors and assigns, and shall include singular,
plural, masculine, feminine or neuter as required by context)
WHEREAS, SALTER PATH DEVELOPMENT GROUP, LLC ("SPDG") executed to JOYCE
KELLER, Trustee, that certain Deed of Trust executed on January 17, 2008 and recorded on January 22, 2008,
in Book 1255, Pages 125, Carteret County Registry ("Deed of Trust"), securing a Promissory Note for
commercial purposes dated January 17, 2008 in the original face amount of $450,000.00 ("Note") executed by
SPDG in favor of Charles S. Zwerling and wife Melissa G. Zwerling (hereinafter referred to "Zwerling"); and
WHEREAS, the Deed of Trust conveyed to the Trustee the real property described in herein as collateral
for the repayment of a promissory note in the amount of $450,000.00 of even date therewith; and
Whereas JOHN M. HARRIS was substituted as Trustee by document recorded in Book 1401, Page 275,
Carteret County Registry.
WHEREAS, because the indebtedness secured by the Deed of Trust was past due and unpaid, the note
holders of the indebtedness, demanded that the Trustee foreclose the Deed of Trust; and
WHEREAS, the Substitute Trustee initiated a foreclosure proceeding in the Office of the Clerk of
Superior Court of Carteret County, North Carolina (File# 12 SP 120) and pursuant to the initiation of the
foreclosure proceeding, and proper notice was given, a hearing was held before the Clerk of SVppxipX Court of
Carteret County on April 12, 2012; and
MAY k3 I. 2Q7�
WHEREAS, at such hearing, the Clerk of Superior Court of Carteret County enterddaft!O3MWdirecting
the Trustee to proceed with the foreclosure of the Deed of Trust; and
WHEREAS, after due advertisement and notice and compliance both with the terms of the Deed of
Trust and the laws of North Carolina, the Trustee on May 9, 2012 at 10:01 AM, offered for sale to the highest
bidder the property which is hereinafter described and which is the same property encumbered by the
aforementioned Deed of Trust, said sale being conducted at the Carteret County Courthouse in Beaufort, North
BOX) POE 4w,

i, 2
Carolina; and a Report of Sale showing the initial bid was filed with the' Clerk of Superior Court by the
Substitute Trustee on May 9, 2012 followed by a series of upset bids;
WHEREAS, CHARLES S. ZWERLING AND WIFE MELISSA G. ZWERLING filed the final upset
bid on June 8t', 2012 and at the expiration of the 10 days upset bid period with no other upset bids being made,
became the last and highest bidder with an upset bid of $180,000.00; and
WHEREAS, the upset bid remained open for more than ten (10) days and no upset bid was offered and
no objection was made to the sale above -referenced; and
WHEREAS, the Court on the 13th day of July, 2012 confirmed the sale and directed the Trustee to
execute and deliver a deed to CHARLES S. ZWERLING AND WIFE MELISSA G. ZWERLING upon
receipt of the purchase price; and the purchase price has been paid;
NOW THEREFORE, JOHN M. HARRIS, acting as Trustee as aforesaid and acting pursuant to the
powers conferred upon him by order of the Clerk of Superior Court of Carteret County, North Carolina, in
consideration of the Premises and the sum of $180,000.00 for the bid amount to him in hand paid, has bargained
and sold. and by these presents does bargain, sell and convey unto CHARLES S. ZWERLING AND WIFE
MELISSA G. ZWERLING, its heirs, successors and assigns, the land sold as aforesaid, the same being more
particularly described as follows:
BEING all of Lot Number Seven (7), Section Four (4), as shown on those certain maps of the
Village of Salter Path which are filed with and incorporated in that certain judgment of the
Superior Court of Carteret County, said judgment being recorded in Judgment Book 9, Page
45, and having been entered in the proceeding captioned "Carteret County vs. Janice Lewis
Austin. et. al., Civil Action No. 75 CVS 236, " said maps also bein$,pe = in Map Book 16,
Page 45.50, Carteret County Registry. - ((�l
[T]ogether with all improvements now or subsequently situated on the aforedescribed tracts
and parcels (collectively, the "Land") (including buildings, amenities, paving, landscaping,
grading, parking and utility installations)(the "Improvements'); all of SALTER PATH
DEVELOPMENT GROUP, LLC interest in all easements, riparianrights and rights-of-way
appurtenant to or used in connection with the Land or the Improvements, or as a means of ingress
to or egress from the Land or the Improvements; all estates, interests, rights and titles, if any, of
SPDG in the real estate lying in the streets, roads, alleys, ways, sidewalks, or avenues, open or
proposed, in front of, or adjoining, the Land and in and to any strips or gores of real estate
adjoining the Land; all fixtures now or subsequently affixed to the Land (even though detached or
detachable) and all building improvement and construction materials, supplies, and equipment
and related personal property now or subsequently delivered to the Land which are or will be
made a part of and/or affixed to the Land or incorporated in the Improvements (collectively, the
"Fixtures'); and all other estates, interests, rights, and titles of every kind and character which
SPDG now or subsequently has, in and to the Land, the Improvements, the Fixtures; and all
property which is used in connection with the Land, the Improvements, and the Fixtures, including
without limitation, the proceeds from condemnation or threatened condemnation of the Land, the
Improvements, the Fixtures, andseb's of any and all insurance covering the Land, the
Improvements, and the Fixtures and R water, oil, gas, and other mineral rights { &ft to the
Land. APR 16 2019 MAY 0 12015
DMA-MHD CITY

3
TO HAVE AND TO HOLD the lands and premises together with all privileges and appurtenances
thereunto belonging to the Grantees, their successors and assigns, in as full and ample manner as the Trustee has
the power to convey the same.
This conveyance is expressly subject to unpaid Carteret County ad valorem taxes, and all other liens and
encumbrances which by law have a priority superior to the priority granted to the Deed of Trust which was the
subject of the foreclosure proceeding referenced herein. The Trustee makes no warranty, express or implied, as
to title, quality or condition of the property hereinabove described.
IN WITNESS WHEREOF, the Grantor has
aforementioned.
(OHN
STATE OF NORTH CAROLINA
his hand and seal, the day and year
Trustee
COUNTY OF CARTERET
I, �ln d4 177 Srr-m; a Notary Public of the State and County referenced
above, do hereby certify that JOHN M. HARRIS, Trustee, personally came before me this day and
acknowledged his due execution of the foregoing instrument.
Witness my hand and official stamp, this the IS day of July, 2012.
Z
Notary Public -
My commission expires: -I'- -2(o-/(P
RECEIVFD
MAY 01 2015
f�r:n�r_rc�p Civ.
RECEIVED
GAServer Paperport Folders\14180-CL-Zwerling Salter Path Dev\zwerling Trustee's Deed (foreclosure) DOC------ - — - - _ -
APR 16 2019
DCM-MHD CITY

NORTH CAROLINA, CARTERET COUNtY
This instrUrnent and this certificate are duly filed at
the date and time and the Book and Page shown
on the first page here T.
Ister of Deeds
ay
Asst QapuyM1 Floglt[x of0eads
Prepared by Harris Law Firm, PLLC
FORECLOSURE NOTICE
NORTH CAROLINA
CARTERET COUNTY
FOR REGISTRATION REGISTER OF DEEDS
Joy Lawrence
Carteret County, ,No
JUIY 13, 2012 03;27;33 PM
COUNTER NOTICE 2 P
FEE: $26.00
FILE # 1414423
KNOW ALL MEN BY THESE PRESENTS that Deed of Tru sr zcecute by SALTER
PATH DEVELOPMENT GROUP, LLC ("SPDG") executed on January 17.2008 and
recorded on January 22, 2008, in Book 1255, Pages 125, Carteret County Registry
("Deed of Trust'); securing a Promissory Note for commercial purposes dated:Jatuary
17, 2008 in the original face amount of $450,000.00 ("Note") exe//c�uutp by SPDG in favor
of Charles S. Zwerling and wife Melissa G. Zwerling (hereinafter 'referred to "Zwerling")
encumbering certain land situated in said County and State has been foreclosed and all of
said land described in the above referenced deed of trust has been sold to the high bidder
at the foreclosure sale, CHARLES S. ZWERLING AND WIFE MELISSA G.
ZWERLING, and said Deed is recorded in Book 1 "I 1 Ll , Page j?-, Carteret
County Registry.
IN WITNESS WHEREOF, this Notice of Foreclosure is signed and sealed this
the day of July, 2012. RECEIVF-D RECEIVED
MAY 0I 2,,915
APR �_6 ' 'iy �+�rMe Rvait�w �tar,�
DCM-MHD CITY
800Kj t._- 4-)2

A w�,
M. HAI S(Substitute Trustee)
FOR SUBSTITUTION OF TRUSTEE: SEE BOOK 1401, PAGE 275
(THIS INSTRUMENT IS FILED IN ACCORDANCE WITH G. S. 45-38.)
CARTERET COUNTY
NORTH CAROLINA
I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she signed the foregoing document: JOHN M. HARRIS, SUBSTITUTE
TRUSTEE name(s) (and title, if appropriate) of principal(s).
Date: 461,14 9 '
Offici SignSign tot
Notary Public (Official Seal) /Yl .% rn; P /
Notary's printed or typed name,
My Commission expires: $alp -/(o
RECEIVED
APR 16 2019
RECEIVED
PAY p 1 Ina;
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a _Y� to

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
September 26, 2019
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City NC 28557
Fax: [phone] (Courier 11-12-09)
gregq.bodnara-ncdenr.gov
SUBJECT: CAMA / Dredge & Fiii Application Review
Applicant: Charles Zwerling
Project Location: 150 Headen Lane, off of Salter Path Road, on Bogue Sound in Salter Path in
Carteret County.
Proposed Project: To construct a 5 -slip docking facility for commercial use. Previously
permitted in 2015. Refer to major permit #99-15.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar by August 30, 2019 at the address above. If you have any questions
regarding the proposed project, please contact Gregg Bodnar at [phone]. When appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME _
AGENCY
SIGNATURE
DATE
NORTHCAROUNAD_EQDI
Department of Environmental quality
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.808.2808