20030101 Ver 1_COMPLETE FILE_20030131

mailbox:///CI/W INNT/Profiles/bob_zarzecki/Application%2OData/Mo...
Subject: Re: Donna Boor & Celica Isbrecht permits
From: Bob Zarzecki <[e-mail]>
Date: Fri, 02 May 2003 13:03:41 -0400
To: Kristie Corson <[e-mail]>
CC: Cyndi Karoly <[e-mail]>
Kristie:
030101...we don't have a record in the file that WRP has received
payment ...I'll contact M5. Boor next week and see what's up...
- Bob
Cyndi Karoly wrote:
CVV"_
)
the mitigation lr 1
J
ated to Donna Boor so I
assume a s a ypo. o a o p 7 cts, 030101 and 030303.
030101 was for TPBR variance, which required mitigation for buffer impacts.
030303 (e-copy attached) was for the 401 which didn't require mitigation.
I've checked the file and don't see a receipt or any other evidence that the
WRP has been paid as required in Condition # 5. I'm copying Bob zarzecki on
this as he wrote the variance, so perhaps he'll know.
030301 is Thomas Connelly in Iredell Co., unrel
th t' t D nn B or has two ro'e
I've also attached a copy of the Isbrect 401.
Kristie Corson wrote:
hey Cyndi,
I'm hoping you can clear somethings up for me.
Regarding Donna Boor:
DWQ letter dated 2/5/03 for DWQ#03-0301 provides a minor variance with a
condition to provide buffer mitigation with payment into the Riparian
Buffer Restoration Fund. I don't have a letter from WRP saying it has
been paid. Do you have anything in your file?
The wetlands database says to issue the 401 with no conditions for
DWQ#03-0303. Would this permit need to address the mitigation
requirement?
I do not have a copy of the 401, will you please send me a copy?
Regarding Celia Isbrecht:
WRP letter dated 2/26/03 acknowledges mitigation payment was received
for DWQ#03-0102. Could you please send a copy of the 401 issued on
4/7/03 for DWQ#03-0304?
Thanks,
Kristie
1 of 1 5/2/03 1:04 PM
O?o? W AT ?RpG
r
O `r
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, PE, Director
Division of Water Quality
February 5, 2003
Donna Boor
PO Box 264
Ocracoke, NC 27960
DWQ # 03-0101
Hyde County
Page 1 of 2
Subject Property: Lot 39, Oyster Creek Banks, Ocracoke, NC 27960
Pamlico Sound [03-03-13, 29-(40.5), SA HQW (High Quality Water) NSW (Nutrient Sensitive)]
APPROVAL of Tar-Pamlico River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B.0259(9)(b)]
with ADDITIONAL CONDITIONS
Dear Ms. Boor:
You have our approval, in accordance with the conditions listed below, to impact approximately 720 ft2 of Zone 2 of the
protected buffers to construct a home at the subject property as described within your variance request dated December
30, 2002. This letter shall act as your Minor Variance approval as described within 15A NCAC 2B .0259(9)(b). In
addition, you should obtain or otherwise comply with any other required federal, state or local regulations before you
proceed with your project including (but not limited to) local building permits.
This approval is only valid for the purpose and design that you described in your Minor Variance Request. If you change
your project, you must notify us and you may be required to send us a new request for approval. If the property is sold,
the new owner must be given a copyof this approval and is thereby responsible for complying with all conditions. For this
approval to be valid, you must follow the conditions listed below.
Conditions:
No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0259) shall occur to Zone 1 of
the protected riparian buffers unless otherwise approved by the DWQ.
2. Protective Fencing
The outside Zone 1 buffer boundary approved under this authorization shall be clearly marked by orange
fabric fencing for the areas that have been approved to infringe within the buffer prior to any land
disturbing activities to ensure compliance with 15A NCAC 213.0259.
3. Diffuse Flow
Stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
as identified within 15A NCAC 2B.0259(5). Roof drainage from the new addition shall be directed to
vegetated areas at non-erosive velocities prior to entering the protected riparian buffers. No new direct
discharges of stormwater (i.e., piping, ditching, etc.) through the buffers is allowed.
4. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters
and protective buffers in order to assure compliance for future wetland, water and buffer impact. These
mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for
impact under this Certification Approval and Authorization Certificate.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), hftp://h2o.enr.state.nc.us/ncwetiands/

71,

OFFICE l.)SE ONLY: _ (late Ft iVc?d

State of North Carolina ± ` I?? JAN 3 I Z11J3 [Uj I
j JAN - 2 2003
Department of Environmen and rJatrl Ft$sourr ss
Division of Water Quality ?... _ ... tgTE!T UALO ITS GROUP
SECTIION `r G VV A (1,
Variance Fig 1quest Form - for Minor Variances
Protection and M, iinte+nance of F(iparian Ares Rules
NO-Mi. 'rhis torrrr may t .-phctocapiei for use ss an anginal.
Please identify wl iich Riparian Area Protection Rule applies.
o Neuse River B. tsirl: Nutriont Sensitive Waters Manag lament Strategy
P'rot'ection and Maintenance of Riparian Areas Rule: (1 SA NCA.C .0733)
Tar-Pamlico Ri ver Basin: Nutrient Sensitive Waters Management
Strategy Prote ,tion and Maintenance of Riparian Areas Rule (15A
NCAC ,0259)
Part 1: General II iformation
(Pka,3e include; atta ,hments i; bx-,, °oon? provided is, insufficiend.)
1. Appkant's na7 ( he curpurati,)n, individijal, etc. who owns the property)-
----------
2 . ---- -
Print OwnertSignin d
Narrlt?: _
1-Itie: _
Strer t address:
City, State, Zip:
Telephone;
!*ax:
3. Contact person wl.
Name:
f elophone: t
Fax: S.
Email:

ally responsible for the property and its comphancc}
answer UUe stions a
c . /?o to
roject:
µ. Projecrl Narne (Sul division, facility, or establishment name - con; intent with projwt name on
plans; (?ec it atiar s, letters erAtion n m,aintenanc acgmement5, r.'tc.j:
5. ProieMt Location-
Street address;
City, state, Zip:
County.
Version 9: Fidbruary 200(

t
Latitude/longitude:
6. Directions to site fr< on nearest major intersection (Also, attach an 8 % x 11 copy of the L; SC IS
topugraphic reap it iic ting the location of the slte):
?? he A? Lis
7. 9Vearn to be irrrpe? ,ed by this proposed activity;
//????tr?e• 1+ Warne (far a 7nameci streams ir3bel as "U " to the noarest rrreta ,cream •
Stream classrficatic ? [as r .entitiE?d with` the u edul of ?IassitScations 1?,a, ?JC;~A?C ?E3 .Ci3 t5
2?. Which of the follow ng permits/approvals will be required or have been received already for
this project?
Required: Rec?eiva d. Date received: Permit Type.
_.___._. LAMA Major
'
LAMA Miner /"-/
401 Certification 04 Permit See- //03
On-site Wastewater Permit
NPUES Permit (including st0rmwater)
?...-.. _ _._.. Non-discharge Pernilt
Water Supply Watershcxj Variance
Others (specify)
Park 2: Pro ?fi` Q ?Jr ru -k f // & '4-n . ahe'c-
pOSec! Activity >` 60 q -F4. ? ¢ irL BCD ee ss.
(Please include r tta? ,,hMents rf the roam provided is irfsuffrciont.) 1. Description of drop )sed activity [Also, please at+,Ach a chap of sufficient detail (such as a plat
map or site plan) tc accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the ocation and dimension of any disturbance in the riparian buffers
associated with tho.activity, and the extent of riparian buifais on the land. Include the area
2. State reasons why :his pion for the proposed activity cannot be practically accomplish"',
reduced or rec;.onfrc, ured to better mmir rze or eliminate disturbance to the riparian buffer-
3. Description of any sest management practices to be used to control impacts associated with
the proposed activi y (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetal on or enhancement of existing vegetaiion, etc.):
Variance Request Form, F Ige 2
Veman 1: February 2CGC
Dli!I) LVi rd-I

4. Please provide :gin e tplanation of the following:
(1) The practical 04' ulties or hardships that avauld result frorn the strict ;mnlir..Vinn of this
(2) Flow these diffir;; Aie3s or hardships result frorrr conditions that are. unique to the prupert`j
involved.
(3) If =nomic hart ship is the major consideration, then include a specific explanation of the
0 ornic hardship, and the prupj? )Tian of the rdship to lire a tine value of We grojecst.
_P j/,Id9,r-,ki /'I LJOI A 6 AA /veil 9 A.,n airy
Part 3: Deed Rest rictiortls
By your sig,,rature in Pat t 5 of this application, you certify that all structural stormwatrrr best
;management practices equired by this variance small t)e to tr-:d in recorded stormwater
easements, that the ea5 ements will run with the laild, that the easements cannot be change-iJ or
deleted without concurs once from the State, and that the easements wiii be recorded pricer to tho
sate of any lot.
Part 4: Agent Aut iorization
If you wish to designale submittal authority to another individual or firm so that they may provide
irlforrnation on your W, alf, please complate this section:
Designated agent (indi%
Mailing addrev:a:
City, State, Zip:
Telephone:
Fax:
Email:

Part 5: A cant' 3. Certification
?.._ .-L6C2 V,. _ _ _ _ _ (print or type name of person listed
in mart 4, item 2), certify that the information included un this parrr it application form is correct,
that Vie) project will be c 1,n4 tructed in conformance, with ttte approved plans and that the deed
ie,itrictions in accar n, ;e with fart r- of this form YMI be reca(ded with all required permit
conditions,
ic?nature? ??? _
Data:
Variance F';-sque9t M"+rrn, p', pn
Ver<_lon 1: Februar/ 2ono

0c-t-1.4-02 13:02 .`SEI BOARD SURVEYING & 252-480--0671 P-04
y TE
LEQ JID -
- Fx. CIPL
- LA. REBAR
0 - REBAR SE T
®- Ex. CONC. MON.
0 - CONC. MON. SET
A - EX. P/K NAIL
P/K NAIL SET
-- SEWER SERMCE
- WATER ME:71:14
i -• PHONE PEDESTAL
- C.A,.T.V.
UTIUTY POLE
--{ - cUY MARE
" - FIRE H'fDRANT
- ELECT. TRAN'•,
?JC1ES: -
I . IHIS SURVEY IS SUBJECT r0 ANY FACTS Il1Al MA'i NL
DISCLOSED BY A FULL AND ACCURATE TITLL _•EARCH.
2. AREA BY COUPIANAAL COMPUTAnDN = ±5,333 S.F.
3. F.I.R.M. ZONE:! "A5" (EL: 7)
4. PIN NO.- N/A
5 RECORDED REFERENCE! PC A., SL 1D3-A
G, MINIMUM BUILDING LINES (MUL) SHOWN HEREON ARE PER rHL
CURRENT LOCAL ZONING REGULAnON}. 01HFR SETBACKS
AND/OR RESTRICTIONS MAY APPLY ANO MUST HE VT.KffIcU
PRIOR TO CONSTRUCTION,
1. UEVATIONS (NCVO 1929: AS SHOWN

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1
'
lTY'
VI CIN MAP (N TS)
`%".10U1u4c,
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SEAL
L 92
/ RAY A'l
- -?- +v43'40.5a*w
49.96 (TIE)
MANSON RAY ME.LKINS, P.L.S., CERTIFI' 1HAT THIS PLAT WAS DRAWN
)NDFR MY SUPERVISION FROM AN ACTUAL SURVE` UNDER MY SUPERMSICN;
?IAI IRE RATIO OF PRECISION AS CALCULATED IS 1-10,000+; I}TAT THIS
'LAI IS PREPARED IN ACCDRDANCE WITH SECTION 1opp OF IImF• STATE
30ARG OF REC;TRATION RULES 'STANDARDS CF rRAC.TICC" AND THIS
S A SURVCY Of AN EXI5Tf IG PARCEL OY LAND. /
L-2592 .
----- DN E
01.K TABLE
WOO I
BLILKHI AU
CANAL 1A
OFD WV ? ?/,,
sy 325,^ H;
Pt)
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DO
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LOT 38
4k,
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O' ERHI
N37'SHbO"W - uTl Y L
50.00_
N 41 *00' 49"W -
LA.\I'k. NAIL O ' 282.14 "
CL INT CUTTEN5ACE
LANE AND 50' STREET.
I - - - C1" C, A. M. A r311FF?R
I
I
LOT 39
w
` ?-` .i I. E 1 s w
I, I
i
I 1
I I
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S 37'58'00" E 50.00'
LOT 40
537'58'00"E S:36'29'13"E
50.00' 50.00'('Tlq
CUTTENSAGE LANE
.S,R. 1375
(3,0, R/w)
SURVEY FOR
, 'AN. " I S. & GRANT H.
LOT 39( - OYSTER CREEK BANKS
OCRACOKE TO W, VS'IIIP --- HYDE COUNTY
Al 10 0 20
•u d
u
?"'A YL QR
OCRACOItwE
1VOR TH CAR O.LINA
--" SEABOARD SURVMNC & PLANNING, INC.
1 inch __ 20 ft. 3200 NORTH CROATAN llWY. K,Il.1_ OEML HILLS, NC 2794,8
;,, OFFICE; [phone] FAX: (252) 480-•0571
0202902F) $UHVEYED:10707f02 MN PLATI:0; 10/IU/02 TG
OFFER TO PURCHASE AND CONTRACT
n
_sf-'lf) o ac, , -, L? c> r> >`-l'1- _U /' G-C S S / _i? S ---- as Buy
hci 1,j offers to purchase and { - ` as Set
upon acceptance of said offer, agrees to sell and convey, all of that plot, piece or parcel f land described below, together with all improvements loci
thereon and such fixtures and personal property as are listed below (collec'tiv?ely referred to as the "Properly"), upon the following terns and conditions:
1. REAL PROPER'T'Y: Located in he City of _ (?_L:,? /3 C u G ??- -- Count,
State of North Carolina, being known as and more particularly described
Street Address ?V I< ?<'.
I,cg)l Description: ?
C1 _l/cam-y`P(' ie4e?Y1/C!--- - --
( `A All ? A portion of the property in Deed R/efeience: Book-_- , Page No. _ ?j --- - - Count,
l Ts: Prior to signing this Offer to Purchase and Contract, Buyer is advised to review Restrictive Coveuai ts, Wally, which may limit the use of
Property, and to read the Declaration of Restrictive Covenants, By-Laws, Articles of Incorporation, Rules and Regulations, and other governing docunr
of the owners' association and/or the subdivision, if applicable.
2. FIXTURES: The following items, if any, are included in the purchase price free of liens: any built-in appliances, light fixtures, ceiling fans, attar
floor coverings, blinds, shades, drapery rods and curtain rods, brackets and all related hardware, window and door screens, storm windows, conrbina
doors, awnings, antennas, satellite dishes and receivers, burglar/fire/smoke alarms, pool and spa equipment, solar energy systems, attached fireplace sere
gas logs, fireplace inserts, electric garage door openers with controls, outdoor plants and trees (other than in movable containers), basketball goals, sto
sheds, mailboxes, wall and/or door mirtors, at/d/% other items attached or affixed to the Property, EXCEPT the following items:
3. PERSONAL PROPERTY: The following Persdaal property is included in the purchase price:
PURCHASE PRICE: The purchase price is d? __ and shall be paid as folio
r -
(a) EARNEST' M01 EN I;POSfI with s offer b ? ash lersonal check ? bank check ? certified check ? o
to be deposited and held in escrow by _ ? lI;jz
("Escrow Agent") until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise tcrorir aled. In the event: (1) this i
is not accepted; or (2) any of (lac conditions hereto are not satisfied, then all earnest monies shall be returned to Buyer. In the event of breach of this con
by Seller, upon Buyer's request, till earnest monies shall be returned to Buyer, but such return shall not affect any other remedies available to Buyer for
breach. In the event this offer is accepted and Buycr breaches this contract, then all earnest monies shall be forfeited upon Seller's request, but recei
such forfeited earnest monies shall not affect any other remedies available to Seller for such breach.
NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow by a broker, the broker is rega
by state law to retain said earnest money in the broker's gust or escrow account until a written release from the parties consenting to its disposition has
obtained or anti isbursemenl is ordered by a court ol• conipetentjurisdiction.
(b) $-_ ADDITIONAL EARNEST MONLY DEPOSIT to be paid to Escrow Agent no later than
TIME BL NC OF TLIE ESSENCE Wffl I REGARD TO SAID DATE.
(c) $_ 13Y ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a del
must on tilt,, 'w jcrty in accordance with the attached loan Assumption Addendum.
(d) BY SELLER FINANCING in accordance with the attached Seller Pint nci lvAddcI our.
(e) $? ? BAI.ANCI? of the purchase price in cash at Closing. ty
5. CONDI'T'IONS: (State N/A in c•a It blank that is not a condition to this contract.)
(a) Buycr must be able to obtain :y1?iQh1Al?--dt?A (all t h 1' /VA Financing Addendum) Comve ora Icr: loan at t 1.
ixcd
/V tk , Adjustable Rate in the principal amount of?? tinanced'VA Funding Fee or FIIA MIP) for a ter
---
------
?0year(s), at an initial interest rate not to exceed 7_ per annum, with nrorlga i r5 punt points not to exceed -/ % of the loan am
Buyer shall apply for said loan within Oda 1"I'fective D, t 'tlyfs co Itmt.' tall use Buyer's best efforts to secure the lender's custo
loan commitment letter on or before _ satisf a(i to ip it d conditions of the loan commitment letter by Closing. All(
above letter date, Seller may request in iting from Bdyei a copy of the loan commitment letter. It' Buyer Cails to provide Seller a copy of the
coniulitment letter or a written waiver of this loan condition within live days of receipt of Seller's request, Seller may terminate this contract by wi
notice to Buyer at any time thereafter, provided Seller has not then received a copy of the letter or the waiver. Buyer shall be responsible for all costs
respect to any loan obtained by Buyer, except if Seller is to pay any 1 0??? Buyer's Closing costs (including loan discount points), those costs are as folly
(b) 'T'here must be no restriction. eas1enrcnt, zoning or?thcr goo rnnren al regulation that wt,olI / prevent the reasonable use of the Propert;
-15 'S / YA.1 --Lj?3?1 /t- --- - purp(
(c)'1 he Properly must be in substantial y the same or beucr condition at Closing as on the elate vl'this offer, reasonable wear and tear excepted.
(d) All deeds of trust, liens and other charges against the property, not assumed by Buyer, worst be paid and satisfied by Seller prior to or at Closing
(flat cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing.
(c)'I'itle must be delivered at closing by GENERAL WARRANTY DI ED unless otherwise staled herein, and nwst be fee simple marketable title, lice
encumbrances except: ad valorem taxes for the current year (prorated through the (late of Closing); utility easements and unviolated restrictive cove
that (to not materially affect the value of the Property; and such other encumbrances its may be assumed or specifically approved by Buyer. The pro
crust have legal access to a public right of way.
fi. SPECIAL ASSESSMENTS: Seller warrants that lhcre are no pending or confirmed governmental special assessments for sidewalk, paving, N
sewer, or other impro naents oll or It Ijoinin> the Properly, and no pending or confirmed owners' "association special assessments, except as fol
(Insert "(lone" or the identification of such assessments, it tiny.) Seller shall pay all owner. /association assessments and all governmental assessi
coufumcd through the lime of Closing, if any, and Buyyrfshall take title subject to all pending assessments, if ally, unless otherwise agreed as fol
-7 rr-
7. PIZORA'T'IONS AND ADJUSTMEN'T'S: Unless of aerwise provided, the following items shall be prorated and either adjusted between the part
paid at Closing: (a) Ad valorem taxes on real property shall be prorated oil a calendar year basis through the (late of Closing; (b) Ad valorem tax
personal property for the entire year shall be paid by the Seller unless the personal properly is conveyed to the Buyer, in which case, the personal pr(
taxes shall be prorated on a calendar year basis through the date of Closing; (c) All late listing penalties, if any, shall be paid by Seller; (d) Rents, if an
the Properly shall be prorated through the date of Closing; (c) Owners' associalio i,dues and other lik (tat es shall be prorated through the (late of Ch
Sellcr represents that tae regular o?.vncrs' association dues, if ally, tuc s_ 1 -_ per-- / .
S. CLOSING EXPENSES: Seller shall pay for preparation of a deed and all other documents? necessary to perform Seller's obligations Linde
agreement, and for excise tax (revenue stamps) required by law. Buycr shall pay for recording the deed and for preparation and recording of all instrw
required to secure the balance of tine purchase pi ice unpaid al Closing.
9. FUEL: Buyer agrees to purchase from Seller the fuel, Wally, situated in any tank our the Property at the prevailing rate with the cost of nicasur
thereof, if any, being paid by Sella.
10. EVIDENCE OF TI'T'LE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date of this cot
copies of all title information in possession of or available to Seller, including but not limited lo: title insurance policies, attorney's opinions oil
surveys, covenants, (feeds, notes and deeds of trust and easements relating to the Property.
11. LA13011 AND MATERIAL: Seller shall furnish at Closing an affidavit and indcnrnificativn agreement in forth satisfactory to Buyer showing
dial all labor and materials, if any, furnished to the Property within 120 days prior to the date of Closing have been paid for and agreeing to indemnify
against all loss front any cause or claim arising therefrom.
this Iorua has been North Carolina Bat' Association
arn(iou" jointly approved by tile: NolAl Cal'OIIITi3 Association of REALTORS It
Page I of 2 Buyer Initials Seller lnitials V-1
R" STANDARD ft
COPYRIGHT (
Z. PROPERTY DISCLOSURE AND INSPECTIONS:
r) Property Disclosure:
Buyer has received a signed copy of the N.C. Residential Property Disclosure Statement prior to the signing of this Offer to purchase and Contract
I Buyer leas NOT received a signed copy of the N.C. Residential Property Disclosure Statement prior to the signing of this Offer to Purchase and Contract
and shall have the right to terminate or withdraw this contract without penalty prior to WIIICIIFVER OF THE FOLLOWING L3VFNTS OCCURS
FIRST: (1) the end of the third calendar day following receipt ol'the Disclosure Statement; (2) tyre end of the third calendar day following the date the
contract was made; or (3) Closing or occupancy by the Buyer in the case of a sale or exchange.
xentpt from N.C. Residential Property Disclosure Statement because (SEE GUIDELINES)-
I The property is residential and was built prior to 1978 (Attach Lead-Based Paint or Lead-Based Paint I lazards Disclosure Adden(Ium.)
)) Property Inspection: Unless otherwise, stated herein, or as otherwise provided on an inspection addendum attached hereto, Buyer shall have the option
f inspecting or, obtaining at Buyer's expense, inspections to determine the condition of the Property. Unless otherwise stated herein, it is a condition of
is contract that: (i) the built-in appliances, electrical system, plumbing system, heating and cooling systems, roof coverings (including flashing and
.raters), doors and windows, exterior surfaces, structural components (including foundations, columns, chimneys, floors, walls, ceilings and roofs), porches
td decks, fireplaces and flues, crawl space and attic ventilation systems (if any), water and sewer systems (public and private), shall be performing the
inction for which intended and shall not be in need of immediate repair; (ii) there shall be no unusual drainage conditions or evidence of excessive
oisture adversely affecting the structure(s); and (iii) there shall be no friable asbestos or existing }n ironmental contamination. Any inspections shall be
mtpleted and written notice of necessary repairs shall be given to Seller on or before Seller shall provide written notice
Buyer of Seller's response withi3re,"uired J4`"-days of Buyer's notice. Buyer is advised to have an ins sections made prat - to incurring ex eases for .Iosin
ill in sufficient time to permit any repairs to be completed by Closing.
Wood-Destroying Insects: Unless otherwise stated herein, Buyer shall have the option of obtaining, at Buyer's expense, a report from a licensed pest
xtt•ol operator on a standard form in accordance w'th the regulations of the North Carolina Structural Pest Control Committee, stating that as to all
ructures except there was no visible evidence of wood-destroying insects
xi containing no indication of' visible damage lheref•om. The report must be obtained in sufficient time so as to permit treatment, if any, and repairs, if
ty, to be completed prior to Closing. All treatment required shall be paid for by Seller and completed prior to Closing, unless otherwise agreed upon in
riling by the parties. The Bever is advised that the inspection report described in this trrri?raph may not always reveal either structural damag? cr da!n
fused by agents or organisms other than wood-destroying insects. I I'new construction, Seller shall provide a standard warranty of termite soil treatment.
1) Repairs: Pursuant to any inspections in (b) and/or (c) above, if any repairs are necessary, Seller shall have the option of completing them or refusing to
>mplete them. It' Seller elects not to complete the repairs, then Buyer shall have the option of accepting fhe Property in its present condition or terminating
is contract, in which case all earnest monies shall be refunded. Unless otherwise stated herein, or as otherwise provided oil an inspection addendum
tached hereto, any items not covered by (b) (i), b (ii), b (iii) and (c) above are excluded from repair negotiations under this contract.
Acceptance: CLOSING SHALT, CONSTITUTE ACCEPTANCE OF EACH OF THE SYSTEMS, ITEMS AND_CONDITIONS _L_IS_I'E_D
HOVE IN I'I'S'rIIEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING.- Z REASONABLE ACCESS: Seller will provide reasonable access to the Property (including working, existing utilities) throe , the ear!'6 osing or
tssession by Buyer, to Buyer or Buyer's representatives Tor the purposes of appraisal, inspection, and/or evaluationI3 er 1 ccir t ough
spection of the Property prior to Closing. '? ?U
i. CLOSING: Closing shall be del-tried as the date and lime of recording of the deed. Alt panic rec to e, an an I tFa ni tt5 and papers
,cessary in connection with Closing an 1. trap j of title on or vishall re It place de b 53 rye.. 'file deed is
be made to > Lx ' , `??!? )1 W , i. POSSESSION: Jnless othrwise provided herein, possessi be delivered at Closing. In the event possession is OT to be delivered at Closing:
it Buyer Possession Before Closing Agreement is attached. OR, U a Seller Possession After Closing Agreement is attached.
i. OTIIER PROVISIONS AND CONDITIONS: (ITEM AF, AL I, ADDENDA TO TI IIS CONTRACT AND AT FAC11 HEIR1= 1'0.)
1. RISK OF LOSS: The risk of loss or damage by (ire or other casualty prior to Closing shall be upon Seller. If the improvements on the Property are
;stroyed or materially damaged prior to Closing, Buyer may Terminate this contract by written notice delivered to Seller or Seller's agent and all deposits
tall be returned to Buyer. In the event Buyer does NOT elect to terminate this contract, Buyer shall be entilled to receive, in addition to the Property, any
'the Seller's insurance proceeds payable on account of the damage of destruction applicable to the property being purchased.
i. ASSIGNMENTS: 'this contract may not be assigned without the written consent of all p ;.ties, bill if assigned uy agreement, then this contract shall be
riding on the assignee and his heirs and successors.
). PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties, i.e., Buyer and Seller and their heirs, successors and assigns.
s used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate.
). SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall
rvive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed.
I. ENTIRE AGREEMENT: ']'his contract contains lire entire agreement of the parties and Lhere are 110 representations, inducements or other provisions
her than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall
ter any agreement between a REALTOR* or broke- and Seller Or Buyer as contained in any listing agreement, buyer agency agreement, or any other
;trey agreement between them.
t. NO'T'ICE AND EXECU'T'ION: Any notice Or COmmLill ication to be given to a party herein may be given to the party or to such party's agent. This
'ter shall become a binding contract (the "Effective Date") when signed by both Buyer and Seller and such signing is communicated to the offering party.
his contract is executed under seal in signed multiple originals, all of which together constitute one and the same instrument, with a signed original being
tamed by each party and each REALTOR40 or broker hereto, and the parties adopt (lie word "SEAL" beside their signatures below.
YOU DO NOT UNDI RSTAND TI [IS OFFER TO PURCI IASI.; AND CONTRACT Olt FGI-11, THAT IT DOES NOT PROVIDIs FOR YOUR LEGAL.
FFDS, YOU SI IOULD CONSULT A NORTH CAROLINA REAL .STATE ATTORNI.;Y BEFORE YOU SIGN IT.
uyer acknowledges having made all on-site personal examination of the Property prior to the making of this offer.
l
ate: ----
7 .
al 01. ' ,r.L;vL.??/ (SEAL Seller / ?? l??ti„:
ate Date: --- ._r _ iJ
uycr t
serow Agent acknowledges receipt of the car
ate-- t{/ f -??'? ----- -- Firm:,.
By:
A sting as a Buy(
isting Agent/firm/I'honc_?"
est mone)' and agrees to hold and disburse the
's Agent Up 911er's (sul Agent ? Dual Agent
t!?: /L
ng as U Seller's (sub)Agent U Dual Agent
ne?r accordance with the terms hereof.

age 2 of 2
ADDENDUM TO OFFER TO PURCHASE CONTRACT
1. Buyer requires septic permit to transfer in Buyers Name at Closing.
2. Buyer at Buyers expense requires survey to verify boundary lines and lot size.
3. Buyer requires Cama permit to backfill lot and DWQ variance permit to make
property buildable.
4. Buyer must obtain reasonable financing at East Carolina Bank.
)Ak
I
02/04/2003 05:02 2529281721 UUt<A UKt t5L KtHLIY rHUt Gl

OCRACOKE ISLAND REALTY, INC.

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Lot 39 Oyster Creek Banks - Boor Property
. 11
Subject: Lot 39 Oyster Creek Banks - Boor Property
Date: Mon, 03 Feb 2003 09:14:07 -0500
From: Bob Zarzecki <[e-mail]>
Organization: Division of Water Quality; 401 Certification Unit
To: [e-mail]
CC: "Tom Steffens (WaRO)" <[e-mail]>
Ms. Boor:
My name is Bob Zarzecki and I work in the Division of Water Quality
Wetlands/401 Unit. We are currently processing your application for a
variance from the buffer rules. However, it is not clear as to exactly
what you are asking for. If you are requesting to build a home or other
development within the buffers, then please fax me (fax no.
919-733-6893) a copy of the plot plan depicting the proposed footprint
and location of the home, driveway, deck or any other proposed
development. Also, please provide the area (in sq. ft.) of any proposed
development within the buffers. It is our understanding (through
correspondence with the Regional office) that you only wish to impact
Zone 2 (outer 20 feet of the 50-foot buffer) and intend to leave Zone 1
(30 feet closest to the waters/CAMA wetlands) undisturbed (except for
the dock). Please described the existing condition of zone 1 and any
proposed disturbance (clearing of vegetation, fill, grading, etc.)
within it. Potential conditions that will be placed on the variance
approval include; deed notifications, no Zone 1 disturbance, buffer
mitigation (planting on-site or payment into the Riparian Buffer
Restoration Fund), stormwater control, etc. Please provide information
of how you propose to control stormwater runoff from the site (diffuse
flow across vegetated areas, infiltration devices, etc.) and any
proposed plantings within the buffer.
Also, your application states that you are requesting a permit to "fill
a small area - 800 sq. ft., permit in process". I assume that you are
requesting to fill wetlands under Nationwide Permit 18 and General Water
Quality Certification No. 3362. I have searched our wetlands database
for this permit application and can not locate it. Please let us know
the status of this permit application.
We will require this information before we can continue to process your
application and will place your application on-hold until we receive
it. Please fax the information to me as soon as possible. I will
process your variance approval as soon as I receive it.
- Bob
Bob Zarzecki
NC DENR/DWQ 401 Wetlands Certification Unit
919-733-9726
1 of 1 2/3/03 9:14 AM
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