16397_W, ROBERT & BIRKS, JEANNE_19960725

CAMA AND DREDGE AND FILL C 016397
GENERAL
PERMIT
as authorized by the State of North Carolina
Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15A NCAC C�ifr• i�GC
Applicant Name Q JF°r �° 0
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Phone Number
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Address . `'`��A,_s 1,
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City �� , 411
State
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Zip %' ZCtS �? a
Project Location (County, State Road, Water
Body, etc.)rn�ri�
Type of Project Activity
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PROJECT DESCRIPTION SKETCH (SCALE:
Pier (dock) length d X
Groin length
9
number
Bulkhead length ` t8 Od ►
max. distance offshore '
Basin, channel dimensions
cubic yards I '
Boat ramp dimensions
G.
Other �- ty+lX.w ir' C,I � — - � �l��/i-----�•� j / _.
This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may cause the permit to be-
come null and void.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
The applicant certifies by signing this permit that 1) this pro-
ject is consistent with the local land use plan and all local
ordinances, and Z) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal
Management Program.
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applicant's signature
permit officer's signature
issuing date expiration date
attachments ON /,�_,00
application fee Of

0803
SUNBELT ASSOCIATES REAL ESTATE INC. 01-91
P. O. BOX 880, 919-249-2867
BROAD ST. 66-301531
ORIENTAL, NC 28571
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PAY
TO THE $'50JJ
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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dear Mr. & Mrs. Wilson:
This letter is to notify you as an adjacent riparian landowner of Mr/Mrs
aarzk&-n plans to construct an extension to the existing
pier on their property (Lot #2 Sunset Shores Sundlvt
on their property located at Mallard Drive
in Whortonsville
proposed construction.
, NC. The sketch on the reverse side accurately depicts the
Should you have no objections to this proposal, please check the statement below, sign
and date the blanks below the statement, and return this letter to: Sunbelt Assoc.
nn Jz-- 7')Q nr; cnf--a1 . NC 28571
as soon as possible.
Should you have objections to this proposal, please send your written comments to the
N.C. Division of Coastal Management, P. O. Box 769, Morehead City, NC, 28557. Written
comments must be received within ten (10) days of receipt of this notice.
Failure to respond in either method within ten (10) days will be interpreted as no
objection.
Sincerely,
Nick Santoro
Agent for Mr. & Mrs. Birks
I have no objection to the project as presently proposed and hereby waive that
right of objection as provided in General Statute 113-229.
1 have objections to the project as presently proposed and have enclosed
comments.
Sign ture
DATE:
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Date: June 19, 1996
Atten: Ted Tyndall
NC Division of Coastal Management
PO Box 769
Morehead City, NC 28557
Objections to Project:
1. Nobody else in this area was allowed to build their docks
out any further than approximately 65 feet! I think everyone
should abide by the same rules.
2. No appreciable water depth is gained by the additional 60 feet
in length - approximately 6 inches.
3. The added length creates somewhat of a hazard to navigation for
boat traffic to and from my pier, especially on a Southerly wind.
4. A pier that much longer than anyone else's would destroy the
continuity of the area.
5. The proposed owners haven't shown a need for doubling the length of
the pier because they don't own a boat.
Thank you for your consideration.
F ed Wilson
91 Mallard Dr
Merritt, NC 28556

Donald B. & Esther L. Williams TO
78 Mallard Drive J N 2 5 t9g5 f
Merritt, NC 28556 ,,.
23 June 1996 ,XFr�tz�.�aa�a►
919-249-3077 (Home) 919-745-3411 (Work)
N. C. Division of Coastal Management
P. O. Box 769
Morehead City, N. C. 28557
Re: Request of Mr. & Mrs. Birks for extension to existing pier on property lot #2 of
Sunset Shores Subdivision in Whortonsville, N. C.
Dear Sir:
We are writing to inform you that we have objections to the proposal to extend the
existing pier an additional 60 feet. If the extension is granted, the pier for lot # 2 will
extend significantly beyond the piers of the adjoining lots (# 1 Wilson's and #3
Williams'). The reason for the extension request is not indicated in the proposal.
We have measured the water depth from the end of the existing pier on lot #2 on
across the creek and there is no depth gained by this extension. It would be a
navigational hindrance to the neighbors. Does CAMA often approve a dock
extension that grants a much longer dock than both neighbor's?
Please inform us of the justification for this extension before you make your
decision in this matter.
Sincerely.
G
onald & Esther Williams

s � r
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
DeaMr. & Mrs. Williams:
This letter is to notify you as an adjacent riparian landowner of Mr/Mrs
Jackson plans to construct an estension to the existing
pier on their roperty (Lot #2 Sunset Shores Sb zvisio1
on their property located at Mallard Drive.
IlWh o r t o n s v i i i P NC. The sketch on the reverse side accurately depicts the
proposed construction.
Should you have no objections to this proposal, please check the statement below, sign
and date the blanks below the statement, and return this letter to: Sunbelt Assoc. ,
P 1 NC 28571
as soon as possible.
Should you have objections to this proposal, please send your written comments to the
N.C. Division of Coastal Management, P. O. Box 769, Morehead City, NC, 28557. Written
comments must be received within ten (10) days ofreceipt of this notice.
Failure to respond in either method within ten (10) day will be interpreted as no
objection.
Sincerely,
Nick Santoro
Agent for Mr. & Mrs. Birks
I have no objection to the project as presently proposed and hereby waive that
right of objection as provided in General Statute 113-229.
I have objections to the project as presently proposed and have enclosers
comments.
ignature
DATE:

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_-" RQ5ZRT W. EI$1K5._4_115I. J.KAKNE_..M4__b_IRKS ub Buyer,
hereby oilers to purchase and DONALD JACKSON and NAT,A JACKSON as Seller,
upon acceptance of said offer, agrees to sell and convey, all of that plot, piece or parcel of land described below, together with all improvement,
located thereon and such personal property as in listed below (the real and personal property are collectively referred to as "the Property"), ill
accordance with the Standard Provisioner on the RF.VERSF. SIDE HEREOF and upon the following terms and conditions:
1. REAL PROPERTY: Located in the City of TOWNSHIP 2 , County of ,
PAML I CO State of North Carolina, being known as and more particularly described as:
Street Address T.QT #2 MALLARD- IIRIVE, RTTy-RRT SNngES, STTRnTVTfiTnN Zip
Legal Description AS FTTRTHER D) CgIRF.D IN DEED RQnK_ ?77,_ pq_ 144, PAMT.Trn
2. PERSONAL PROPERTY: NA '' f�(' r
3. PURCHASE PRICE: The purchase price is and shall be paid as fullows:
in earnest money paid by (cash; bank, certified or personal chef.)
with the delivery ol'this contract, to be held in escrow by _- ARINER—PEAT-Y , INC. -
as agent, until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise
terminated and it is disbursed in accordance with the Standard Provisions on the REVERSE SIDE HEREOF:
(o) a NA by assumption of the unpaid principal balance and all obligations of Seller on the existing loan secured by a
deed of trust on the Property;
tO D NA __ "-., by a promissory note secured by a purchase money deed ol'trust on the Property with interest prior to dcf.rult
at the rate of —_NA_ _% per anntint payable as fbllows: .;-.t[g--— _—,
Prepayment restrictions and/or penalties, if any, shall be: _,__XA -- -
Assumption or transfer rights, if any, shall be:_rn —
.�OQD.Op
(d) a , the balance of the purchase price in cash at closing.
4. CONDITIONS: (State N/A in each blank of paragraph 4(a) and 4(b) that is not a condition to this contract.)
(a) The Buyer must be able to obtain u firm commitment on or before _NA effective through the date of closing,
fur a NA -loan in the principal amount of $ NA fur a term of • NA year(s), at an intcrc�,t
rite not to exceed NA % per annum, with mortgage loan discount points not to exceed NA % of Ole loan amount. Buyer agrc"
to use his best or • efforts to secu
re such commitment tut advise d to Seller immediatelyupon
p un receipt p of the lender's decision. If Seller is to pay any
Join closing costs, those costs are as billows:. ____ NA_.------.--------_`_----
(b) "I he Buyer must be able to assume the unpaid principal balance ol'the existing loan described in paragraph 3(b) above for the reutaindcr
of the loan term, at an interest rate not to exceed NA % per aunuut fixed (or describe type of loan) NA
with mortgage Juan assumption and/or discount points not to exceed _�jg_____%ofthc loan balance. (See Standard Provision No. 2) If such
assumption requires the lender's approval, approval must be granted on or before NA-------. Buyer agrees to use hi,
best efibris to secure such approval and to advise Seller immediately upon his receipt of the lender's decision. If Seller is to pay any lust
assumption costs, those costs are as follows: NA
(c) There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the rc.tl
property for RESTDEU SAT.'
purposes.
5. ASSESSMENTS: Seller warrants that there are no special assessments, either pending or confirmed, for sidewalk, paving, water, sewer
or other improvements on or adjoining the Property, except as follows: _ NONE
_ (Insert "None" or the identification of such assessments, if any. The agrvcnrun
for paynient or proration ot'any assessntcuts indicated is to be set forth in paragraph 6 below.)
n. OTHER PROVISIONS AND CONDITIONS:
ta) .%II trf the St,urdard Provisions on the k.EWASt., SIIx I IL•RfiOh arc understood and shall apply to this instrument, e.;cc,)t the tulluwurg
numbered Standard Provisions shall be deleted: (If none arc to be deleted, state "None".) __ >3 r�9 ►-fir -&--1 l
(b) This Offer and Contract is expressly conditioned upon the seller
providing the buyer with a current Improvements Permit issued by
the Pamlico County Department of Environmental Health depicting an
area suitable to the Buyer for the installation of a three bedroom''
standard residential septic tank, field, lines, and repair area. .
p
) This Offer and Contract is expressly conditioned upon the �tTrobtaining a CAMA Development permit to extend the existing dock a
7. CLOSI G%: All parties agree to execute any and all documents and papers necessary in connection with closing and transfer of title
ur bclurc� � � - g 9 6 ut a dace designated n Buyer
The deed is to be made to r ROBERT W. "BIRKS and PANNE -M. B RKS _
S. POSSESSION: Possession shall be delivered _A_T
In the event that Buyer has agreed that possession is not delivered at closing, then Seller agrees to pay to Buyer the sum of $
per day from and including the date of closing to and including the date that possession is to he delivered as above set forth.
9. COUNTERPART'S: This offer shall become a binding contract when signed by both Buyer and Seller. It is to be signed in _
counterparts wA a signed counterpart being retained by each party hereto and the escrow agent, if any.
Date of Of Z,2 Date of Acce nce:_ _ _- _ __ _ _
Buyer —(SP.AL) Sail-R�
Buyer �( (SEAL) SELLI:(t (SEAL)
l hereby-knowledge
receipt of the earnest money herein set forth and agree to hold and disburse the same in accordance with the left" hereof.
Uric __ S ' f!�• l ii __ _ mina
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fJ buyl:6 Ap,tu
Setliryt Ay;�nt, Firm ___ i : .JFLT ._A,,9.SQC.I.ATE.S__REAL..E.9-TATE , _INC, Acriny as ❑ s, ar., r)url
ts„bNb•,r
/ � �
kGALTOt2' Listing Agent/Firm—__�,-� '' ¢, _11__A,*' ALA. Acting as j Du.l Alga_z_.
N`"n
T tut, Standard Form has boun NORTH CAROLINA BAR ASSOCIATION t� �Fonn No. s
approved totnuy by the: NOF" :AF "LINA ASSOCIATION OF REALTORS*, INC. as Standard Form No -.it copyrwm

STANDARD PROVISIONS
EST MONEY: In the event this ofler is not accepted,
ur ..,c < nt that any of the conditions hereto are not satisfied,
or in the event of a breach of this contract by Seller, then the
earnest money shall be returned to Buyer, but such return shall
not atlect any other remedies available to Buyer for such breach.
In the event this offer is accepted and Buyer breaches this
contract, then the earnest money shall be forfeited, but such
forfeiture 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 required by state law to retain
said earnest money in his trust or escrow account until he has
obtained a written release from the parties consenting to its
disposition or until disbursement is ordered by a court of
competent jurisdiction.
2. LOAN ASSUMED: In the event a loan is assumed as part of
the payment of the purchase price, then all payments due from
Seller thereon must be current at closing, and the principal
balance assumed shall be computed as of the date of closing. The
amounts shown for the assumption balance and cash at closing
shall be adjusted as appropriate at closing to reflect the final
computations. Unless Buyer has otherwise specifically agreed in
writing, the existing loan must be assumable without either
acceleration of the amount secured or any change in the original
terms of the note and deed of trust. Buyer shall be responsible
fir all loan assumption costs. Seller shall have no obligation to
pay any loan assumption costs unless specifically set forth in this
contract. The escrow account, if any, shall be purchased by
Buyer.
3. PROMISSORY NOTE AND DEED OF TRUST: In the
event a promissory note secured by a deed of trust is given by
Buyer to Seller as part of the payment of the purchase price, the
promissory note and deed of trust shall be in the form of and
contain the provisions of the currently approved N.C. Bar
Association Forms 4 and 5, as modified in paragraph 3(c) on the
reverse side hereof.
4. PRORACIONS AND ADJUSTMENTS: Unless otherwise
provided, the following items shall be prorated and either
adjusted between the parties or paid at closing:
(a) Ad valorem taxes on real property shall be prorated on a
calendar year basis to the date of closing;
(b) Ad valorem taxes on personal property for the entire year
shall be paid by Seller;
(c) All late listing penalties, if any, shall be paid by Seller;
(d) Rents, if any, for the Property shall be prorated to the date of
closing.
(e) Accrued, but unpaid interest and other charges to Seller, if
any, shall be computed to the date of closing and paid by Seller.
Interest and other charges prepaid by Seller shall be credited to
Seller at closing and paid by Buyer. (Other charges may include
FHA mortgage insurance premiums, private mortgage insurance
premiums and homeowner's association dues.)
5. FIRE AND OTHER CASUALTY: The risk of loss or
damage by fire or other casualty prior to closing shall be upon
Seller.
6. CONDITIONS:
(a) The Property must be in substantially the same condition at
closing as on the date of this offer, reasonable wear and tear
excepted.
(b) All deeds of trust, liens and other charges against the
Property, not assumed by Buyer, must be paid and cancelled by
Seller prior to or at closing.
(c) Title must be delivered at closing by general warranty deed
and must be tee simple marketable title, tree of all encumbrances
except ad valorem taxes for the current year (prorated to the date
ofelosing), utility casements and unviolated restrictive covenants
that do not materially affect the value of the Property and such
other encumbrances as may be assumed or specifically approved
by Buyer. The Property must have legal access to a public right
of way.
7. NEW LOAN: Buyer shall be responsible for all costs with
respect to any new loan obtained by Buyer. Seiicr shall hav:: --o
obligation to pay any discount fee or other charge in connection
therewith unless specifically set forth in this contract.
b. INSPECTIONS: Unless otherwise stated herein: (i) the
electrical, plumbing, heating and cooling systems and built-in
appliances, if any, shall be in good working order at closing;
(ii) the roof, gutters, structural components, foundation,
fireplace(s) and chimney(s) shall be performing the function for
which intended and shall not be in need of immediate repair;
(iii) there shall be no unusual drainage conditions or evidence of
excessive moisture adversely affecting the structure(s); and (iv)
the well/water and septic/sewer systems, if any, shall be adequate,
not in need of mmediate repair and performing the function for
which intended. Buyer shall have the option to have the above
listed systems, items and conditions inspected by a reputable
inspector or contractor, at Buyer's expense (unless otherwise
provided in this contract), but such inspections must be
completed in sufficient time before closing to permit any repairs
to be completed by closing. If any repairs are necessary, Seller
shall have the option of (a) completing them, (b) providing for
their completion, or (c) refusing to complete them. If Seller
elects not to complete or provide for the completion of the
repairs, then Buyer shall have the option of (d) accepting the
Property in its present condition, or (e) terminating this contract,
in which case the earnest money shall be refunded. Closing shall
constitute acceptance of each of the systems, items and
conditions listed in (i), (ii), (iii) and (iv) above in its then existing
condition unless provision is otherwise made in writing.
IF BUYER OBTAINS A VETERANS ADMINISTRATION (VA)
LOAN, SELLER SHALL PAY THE COST OF ANY WELL/WATER
AND SEPTIC/SEWER SYSTEM INSPECTION.
RECOMMENDATION: Buyer should have any inspections
made prior to incurring expenses for closing.
9. WOOD -DESTROYING INSECTS: Unless otherwise
stated herein Buyer shall have the option of obtaining, at Buyer's
expense, a report from a licensed pest control operator on a
standard form in accordance with the regulations of the North
Carolina Structural Pest Control Committee, stating that there
was no visible evidence of wood -destroying insects and
containing no indication of visible damage therefrom. The report
must be obtained in sufficient time before closing so as to permit
treatment, if' any, and repairs, if any, 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
writing by the parties. if any structural repairs are necessary,
Seller shall have the option of (a) completing them, (b) providing
for their completion, or (c) refusing to complete them. If Seller
elects not to complete or provide for the completion of structural
repairs, then Buyer shall have the option of (d) accepting the
Property in its present condition, or (e) terminating this contract,
in which case the earnest money shall be refunded. The Buyer is
advised that the inspection report described in this paragraph
may not always reveal either structural damage or damage cause
by agents or organisms other than wood -destroying insects. If
new construction, Seller shall provide a new construction termite
guarantee.
IF BUYER OBTAINS A VETERANS ADMINISTRATION (VA)
LOAN, SFLLER SHALL PAY THE COST OF THE WOOD -
DESTROYING INSECT REPORT.
10. LABOR AND MATERIAL: Seller shall furnish at closing an
affidavit and indenwification agrecn;ent in fora: satisfactory to
Buyer showing that all labor and materials, if any, furnished to
the Property within 120 days prior to the daic of closing have
been paid for and agreeing to indemnify B­ •r against all loss
from any cause or claim arising therefrom.
11. FUEL: Buyer agrees to purchase from Seller the fuel, if any,
situated in a tank on the Property at the prevailing rate, with the
cost of measurement thereof, if any, being paid by Seller.
12. CLOSING EXPENSES: Seller shall pay for t.
preparation of a deed and for the excise tax (revenue stamps)
required by law. Buyer shall pay for recording the deed and for
preparation and recording of all instruments required to f-
the balance of the purchase price unpaid at closing.
13. EVIDENCE OF TITLE: Seller agrees to use his best
efforts to deliver to Buyer as soon as reasonably possible after tht
acceptance of this offer, copies of all title information ii
possession of or available to Seller, including but not limited to:
title insurance policies, attorney's opinions on title, surveys,
covenants, deeds, notes and deeds of trust and casements relatinb
to the Property.
14. ASSIGNMENTS: This contract may not be assigned
without the written agreement of all parties, but if assigned by
agreement, then this contract shall be binding on the w
his heirs and successors.
15. PARTIES: This contract shall be binding upon
inure to the benefit of the parties i their heirs, succes
assigns. As used herein, words ii , singular include tho „..,ai
and the masculine includes the tei,auure and neuter genders, as
appropriate.
16. SURVIVAL: Ifany provision herein contained wbi- h by it,
nature and effect is required to be observed, kept o.
after the closing, it shall survive the closing and rem,
upon and for the benefit of the parties hereto until fully
kept or performed.
17. ENTIRE AGREEMENT: Buyer acknowledges that
inspected the Property. This contract contains the entir, agm,
of the parties and there are no representations, induceme
other provisions other than those expressed in writing. A' I ch,
additions or deletions hereto must be in writing and si. .1 by &
parties. Nothing contained herein shall alter any ; -reem,.
between a RIsALTORt?' or broker and Seller as contained in any
listing contract or oth,x agreement between thew

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