18561_SCHNEIDER, RICHARD_19980115

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CAMA AND DREDGE AND FILL
GENERAL 1 61 �':_
PERMITas 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
Applicant Name . Phone Number
Address��
City State Zip
Project Location (County, State Road, Water Body, etc.)
Type of Project Activity
PROJECT DESCRIPTION
SKETCH
R,R.y,�,
��� �t���'r w 2' -+th, , (SCALE:; )
k i 1 N
16
Pier (dock) length
i
Groin length
numbery�?�L
Bulkhead length
�•�',�lf}�G y
Is
max. distance offshore
`
,�� r,
Basin, channel dimensions
cubic yards
:s -
Boat ramp dimensions
�Fc�
/. •a , l;a=_�: .
—" --
Other
�__
--
--_
'V
7,,�
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 ail local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
attachments
issuing date
applicant's signature
permit officer's signature
expiration date
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal
Management Program.
application fee

JAMES B. HUNT JR.
GOVERNOR
0
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
March 16, 1998
Mr. Nick Santoro
Sunbelt Associates Real Estate, Inc.
WAYNE MCDEVITr P.O. Box 729
SECRETARY
Oriental, NC 28571
Dear Mr. Santoro:
ROGER N. SCHECTER
DIRECTOR This letter is in reference to the CAMA Major Permit Application that you
submitted to this office on behalf of Richard & Judith Ann Schneider for a dock on
Brown Creek, in the Community of Whortonsville, Pamlico County, North
Carolina.
Unfortunately, a review of the application reveals that there are several
points that need to be addressed before the application can be accepted as complete
and a review by the agencies can begin. These items are highlighted below. If you
have any questions while addressing these points please give me a call and we can
discuss. Please address the following:
1) On DCM MP-1, under 3 a., you list private home and pier as development,
however, there is no other information referencing the construction of a
residence. Please clear up.
2) On DCM MP-4, under a. (1), I don't believe that you are proposing 4 docks
or piers. Shouldn't the number be 1. Also the width of the pier is 6' not
70' .
3) Also on DCM MP-4, under a. (6), you state that the platform would be 44'
wide, however the plat indicates 40' . This is extremely critical since you are
maxed out as far as riparian area (e.g.. You are only 15' from the riparian
line) . .
4) The plat work is unacceptable for a CAMA Major Permit. Water depths
based on normal water level must be shown. Please provide enough
soundings to get a feel for the 5' to 6' contour line. Also, the normal water
line (NWL) must be shown and the shoreline must be an accurate depiction
of that which exist on the lot. Any 404 wetlands and coastal wetlands need
to be shown. Take the verbal riparian lines description that we jointly
determined and convert them to an angle with degrees, etc.
MOREHEAD CITY OFFICE
HESTRON PLAZA II 151-8 HIGHWAY 24 MOREHEAD CITY NC 28557
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Mr. Nick Santoro
March 16, 1998
Page 2
5) If any high ground is to be disturbed within 75' of the NWL, please show on the plat.
Also complete DCM MP-3 if appropriate.
6) Sheet 1 of 5 is not clear enough to read the SR numbers. I know where the property is but
the other agency reviewers do not.
7) Please include a cover letter stating how the dock will be used. Why the need for 4 boats
slips. Will any slips be rented? Please address.
8) Is the contract still valid or have the Schneider's purchased the lot. If they have, please
submit a copy of the deed.
9) We need the signed, certified mail receipts (green cards). We can process the application
with the white receipt cards but will need the signed green cards before a decision can be
made.
10) Also, the check is dated 1/20/97.
I am returning the entire package along with your check for $250 and once you have
addressed these items, please resubmit the entire package to this office for processing and agency
circulation. Please be aware that additional information may be required pending review by the
fifteen (15) review agencies. If you have any questions, please feel free to call me at my
Morehead City office at [phone].
Sincerely,
M. Ted Tyndall
Coastal Management Rep.
MTT
Attachments
cc: Charles S. Jones

a
SUNBELT ASSOCIATES
REAL ESTATE INC.
January 24. 1998
Mr. Ted Tyndall
Division of Coastal Management
Hestron Plaza 11
151-B Hwy 24
Morehead City, NC 28557
Dear Ted:
Enclosed is an application for a Major CAMA permit that I am submitting
on behalf of Mr. &- Mrs. Schneider for a four slip pier on Brown's Creek in
Pamlico County. Also enclosed is their check in the amount of S250 in
payment of the permit application fee and a copy of their Contract to
purchase the property- on which this development will take place which bears
their signature as well as the seller's of this property.
You will note that the permit is being requested for exactly the same
development for «hich General Permit=018561-C was issued on January
15, 1998. The reason that a Major Permit is being requested at this time is to
obtain a permit with a three year life_ since the General Permit will expire
before this work can begin.
Please let me know if you have any questions regarding this application.
Thank you.
Very- truly yours,
< 14 Vant(32ro-
7.2 9
Post Office Box.BSa, Broad Street • Oriental, North Carolina 28571 • 919-249-2867
gn
Sailing Capital of North Carolina

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Ml
PIER PERMIT
APPLICATION
.4% " FQR ,
MR. & MRS. RICHARD C. SCHNEIDER
- "14;v -40000 _
Pier Permit Application for: Mr. & Mrs. Richard C. Schneider
VICINITY MAP for PROPOSED PIER
Tov"nship No. 2, Whortonsville, Pamlico County. North Carolina
Date Sheet 1 of S� , Prepared by Richard C. Schneider

CM-MP-1
1. APPLICANT
a. Landowner:
i7
c
APPLICATION
(To be completed by all applicants)
JAN 26 1°3
b. City, town, community or landmark
c. Street address or ndary road number
:�e' ties
Name IC + , L'-t>
Address � C
_ e.
City Sl INA�131, i C1) State C I
Zip Day Phone -
Fax((- �S-",j�,Z�j
Authorized Agent:
Name N1C.k.' A-rJ1000 S N Gc�i foGl�
Address �' C) , )�-') X --2 )- q
City (01 1 e ti l ,- l- State )k) (,-
Zip . j-7 Day Phone 'J I --,x)L q^ Z
Fax GI`,--�q -1Ol5,
Project name (if any)
NOTE: Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County F (C:o
Revised 03/95
Is proposed work within city limits or planning
jurisdiction? yes � No
::ame of bxy of wat% es� of (e.g. river,
creek, sound, bay)
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
f-T c lJ/- ' 1-4
(PCtiT.-
b. Is the proposed activity maintenance of an existing
project, new work, or both? _
c. Will the�roject be for public, private or commercial
use? 4:�1
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional_ pages.
>`ztc

Form DCM-MP-1
4. LAND AND WATER
a
b
C.
d
e.
CHARACTERISTICS
Size of entire tract 1-��r.
Size of individual lot(s) AZ,-4
Approximate elevation of tract above MHW or
NWL 5
In.
wastewater treatment facilities.
n. Describe location and type of discharges to waters
of the State. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
Soil ty,,p;e(s) and texture(s) of tract o
Vegetation on tract :(21
f. Man-made features now on tract A16 A'r f
g. What is the CAMA Land Use Plan land
classificatign of the site? (Consult the local Land use plan.)
Conservation Transitional
Developed Community
_ Rural Other
h. HPw is they tract zoned by local government?
w
rl-E Si'�(cr�
i. Is the proposed project consistent with the applicable
zoning? K Yes No
(Attach zoning compliance certificate, of applicable)
Has a professional archaeological assessment been
done for the tract? Yes � No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or e ' ible property?
Yes No
I. Are there wetlands on the site? _J/*' Yes No
Coastal (marsh) _V"_ Other
If yes, has a delineation been conducted? F�
(Attach documentation, if available)
Describe existing drinking water supply source.
2
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
arai cross -sections drawi:, S) LdrarJn to scale in ulack
ink on an 8 1/2" by II" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
1c�� 122 � �,
Revised 03/95

DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
•
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. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Mr- d 10rs,. C11Arc.es
Address 12 o al I2 - N 1 <e C Of •
Phone n a r k aa,, N L. 2 7725'
Name YM rS • 17 oar t ,
Address 3 2� g�,.a N s C c• 2
Phone Me- r I- ITT, Nc 2�SSc�
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
Crt"Ner&,- Perm I , t�p�gSb% C.
IS.SUeo -.1.r," /(�16 Ar54.,m-e A-opec'r
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERNUSSION
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 conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the day of 19�.
Print Name , �> C 4-1`1 c (/%r'/ "
Signature
r or Authorized Agent
Pl, ?se indic.ite attachments nertaininQ to your proposed
project.
DCM MP-2
Excavation and Fill Information
DCM MP-3
Upland Development
DCM MP-4
Structures Information
DCM MP-5
Bridges and Culverts
DCM MP-6
Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95

01/27 98 FRI 10:07 FA!
Form DCM-MP4
Z002/002
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DC?Li-MP-1, Be sure to complete all
ogler sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and/or Piers)
(1)
I
____. Commercial Conumurity ,� Private
(2)
Number
(3)
Length
(4)
Width 7d
(5)
Finger Piers Yes Na
(i) Number ",%
(ii) Length /& `
(iii) Width `�
(b)
Platform(s) ice' Yes No
W Number /
(fi) Length, ' t
(iii) Width
(7)
Number of slips proposed
(9)
Proximity of structure to adjaceat riparisn
property lines ! �'
(9)
Width of water body
(10)
Water depth at waterward end of pier at
N LW or NWL
b. Boathouse includin; covered lifts)
(1)
k1 H Commercial Private
(2)
Length
(3)
width
c. Groin (e.g, wood, sheetpile, etc.)
(1) Number N`A
(2) Length(s)
d. Brea"-zter (e.g. wood, sh�etpile, etc.)
(1) Length ,'lt T
(2; Average distance. from MHI, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
w etlands
Revised 0305
e. Mooring buoys
(1) _ Commercia
l , Private
(2) Number
(3) Description of buoy
(Colo-r, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
Mooring smic-ture (boatlift, mooring pilings, etc.)
(1) _ Commercial Community _ Private
(2) Number 4 La
(3) Length ! V
(4) Width
g. OffiCr (Clive complete dercription)
applicant o :eName/ C, )4114 tz_ lO C�t�
Signature
, 1-7-61c, -7
late

Note: Per Telephone
conversation with
T. Tyndall 12/20/97
Creek is approx. 720
wide at this point.
Project extends 152'
or approx 21% of _
creek width.
PIER PERMIT APPLICATION FOR:
`dR. & MRS. RICHARD C. SCHNEIDER
SITE PLAN
Sheet z of _� Scale: 1"=32'
\ J

State of North Carolina
Department of Environment
and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
January 19, 1998
Mr. Caleb Marsh
3700 Brown Creek Road
Merritt, NC 28556
Dear Ms. Ogren:
Q•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
This correspondence is in reference to your letter, which was received in this office on
November 26, 1997, whereby you stated objections to a proposed pier/dock project by Mr. and
Mrs. Schneider. The Schneiders have a contract to purchase lot # 2 in the Rosa Deimo
Subdivision, in Whortonsville, adjacent Brown Creek, in Pamlico County. The proposed pier
would be 6' in width and 114' in length with an 8' X 40' "U-shaped platform. Also proposed are
two 4' X 16' finger piers with ten tie pilings creating four boat slips at the end of the dock. The
outer tie pilings would be located 38' from the platform. The side tie pilings would be setback
a minimum of 15' from each adjacent riparian line. The pier is proposed as a non-commercial
structure.
The North Carolina Division of Coastal Management has given your objections careful
consideration and has determined that the project is consistent with the appropriate rules and
regulations of the Division. Consequently, the Division issued a general permit to Mr. and Mrs.
Schneider on January 15, 1998.
If you wish to appeal this permit decision, you may file a request with the Director of the
Division of Coastal Management, Department of Environment and Natural Resources within 20
days of the permit decision. If you have any questions regarding this matter, please don't hesitate
to contact me at my Morehead City Office (919-808-2808).
S' cerely,
Charles S. Jones
Assistant Director
cc: M. Ted Tyndall - DCM
Nick Santoro - Sunbelt Associated Real Estate Inc.
Hestron Plaza II, 151 B, Highway 24, Morehead City NC 28557 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% Recycled / 10% Poet -Consumer Paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
January 19, 1998
Mr. and Mrs. Charles Sparacino
3209 Jennifer Dr.
Durham, NC 27705
Dear Mr. and Mrs. Sparacino:
�••
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
This correspondence is in reference to your letter of November 24, 1997 whereby you
stated objections to a proposed pier/dock project by Mr. and Mrs. Schneider. The Schneiders
have a contract to purchase the adjacent upstream riparian property located in the Rosa Deimo
Subdivision, in Whortonsville, adjacent Brown Creek, in Pamlico County. The proposed pier
would be 6' in width and 114' in length with an 8' X 40' "U-shaped platform. Also proposed are
two 4' X 16' finger piers with ten tie pilings creating four boat slips at the end of the dock. The
outer tie pilings would be located 38' from the platform. The side tie pilings would be setback
a minimum of 15' from each adjacent riparian line. The pier is proposed as a non-commercial
structure.
The North Carolina Division of Coastal Management has given your objections careful
consideration and has determined that the project is consistent with the appropriate rules and
regulations of the Division. Consequently, the Division issued a general permit to Mr. and Mrs.
Schneider on January 15, 1998.
If you wish to appeal this permit decision, you may file a request with the Director of the
Division of Coastal Management, Department of Environment and Natural Resources within 20
days of the permit decision. If you have any questions regarding this matter, please don't hesitate
to contact me at my Morehead City Office (919-808-2808).
M
Charles S. Jones
Assistant Director
cc: M. Ted Tyndall - DCM
Nick Santoro - Sunbelt Associated Real Estate Inc.
Hestron Plaza II, 151 B, Highway 24, Morehead City NC 28557 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% Recycled / 10% Post -Consumer Paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
January 19, 1998
Ms. Lynda T. Ogren
3620 Brown Creek Road
Merritt, NC 28556
Dear Ms. Ogren:
1 • •
10
NCDENR
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT ANo NATURAL RESOURCES
This correspondence is in reference to your letter of November 18, 1997 whereby you
stated objections to a proposed pier/dock project by Mr. and Mrs. Schneider. The Schneiders
have a contract to purchase the adjacent downstream riparian property located in the Rosa Deimo
Subdivision, in Whortonsville, adjacent Brown Creek, in Pamlico County. The proposed pier
would be 6' in width and 114' in length with an 8' X 40' "U-shaped platform. Also proposed are
two 4' X 16' finger piers with ten tie pilings creating four boat slips at the end of the dock. The
outer tie pilings would be located 38' from the platform. The side tie pilings would be setback
a minimum of 15' from each adjacent riparian line. The pier is proposed as a non-commercial
structure.
The North Carolina Division of Coastal Management has given your objections careful
consideration and has determined that the project is consistent with the appropriate rules and
regulations of the Division. Consequently, the Division issued a general permit to Mr. and Mrs.
Schneider on January 15, 1998.
If you wish to appeal this permit decision, you may file a request with the Director of the
Division of Coastal Management, Department of Environment and Natural Resources within 20
days of the permit decision. If you have any questions regarding this matter, please don't hesitate
to contact me at my Morehead City Office (919-808-2808).
Sincerely,
LI-Q-6
Charles S. Jones
Assistant Director
cc: M. Ted Tyndall - DCM
Nick Santoro - Sunbelt Associated Real Estate Inc.
Hestron Plaza II, 151 B, Highway 24, Morehead City NC 28557 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% Recycled / 10% Post -Consumer Paper

SUNBELT ASSOCIATES REAL ESTATE INC. 01-91
P. O. BOX 880, 919-249-2867
BROAD ST.
ORIENTAL, NC 28571
PAY
TO THE NC DENR
ORDER OF
*****FIFTY and 00/100*****
1031
66-301531
January 5 1998
$ 50.00
e FtRST CITIZENS
BANKF i54Cllleeni Bonk h Lusl Compony ���yLb
Oilenlol, NC P8571
r;Pr) 6P�66i8s6/ti
FOR
11100001031111 l:0 5 3 L00 300i: 4 7 1 200 4 S F3 C3
DOLLARS

SUNBELT ASSOCIATES
REAL ESTATE INC.
Mr. Ted Tyndall
DENR
Hestron Plaza II
151-B Hwy 24
Morehead City, NC 28557
Dear Ted:
JAN 6 1998
co AL MANAuE- MFh
January 5, 1998
Enclosed please find our check 41031 in the amout of $50.00 in payment for
a General Permit for a four slip pier to be constructed on lot #2 in the Rosa
Deimo Subdivision on Brown's Creek near Whortonsville in Pamlico
County.
This is the same project that we discussed during your site visits on October
29, 1997, and again on November 14, 1997. A drawing of the proposed pier
is attached.
Both of the adjacent riparian property owners were notified by certified mail
on November 14, 1997. Copies of the notification letters and the Return
Receipts are attached.
Also attached is a copy of the Schneider's Offer to Purchase and Contract
signed by the Schneiders, the buyers, and Mr. & Mrs. Lupton, the sellers of
the property from which this pier will be built.
Please issue this permit in the names of Mr. & Mrs. Richard C. Schneider.
Thank you.
AV truly vours
Nick Santoro
Buyer's Agent
7
Post Office Boxf�Broad Street • Oriental, North Carolina 28571 • 919-249-2867
Sailing Capital of North Carolina

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Nov 2 4 1997
Lynda T. Ogren �COASMCL3620 Brown Creek Road
Merritt NC 28556
November 18, 1997
N.C. Division of Coastal Management
P.O. Box 769
Morehead City, NC 28557
Re: Application of Mr. & Mrs Schneider for a CAMA permit to construct a pier on Lot #2
in the Rosa Deimo Subdivision in Merritt NC (Pamlico County).
I object to the proposal as submitted for the following reasons:
• The document we received is defective in that I am the sole owner of Lot # 1 in the
Rosa Deimo Subdivision and do not own it jointly with my husband. In addition, to my
knowledge my property does not have adjacent riparian rights to Mr./Mrs. Sparacino.
• Assuming Lot #2 is being purchased for residential purposes, I question the need for a
four slip dock unless the ultimate plan is to rent out slips, an intent which if divulged at
this point would require a different type of permit plus construction of shoreside
facilities for what would then be a commercial marina. Moreover, I understand that
that the authorities have already decided that four slip docks are not in the best
interests of waterfront property owners and have plans to reduce the maximum
number of slips on a residential dock to two. Once the four slip dock is built, it will
be difficult to prevent the owner from renting out slips or bring legal action without
offending a neighbor and incurring legal fees.
• I also object on navigational grounds. If I were to build a dock on I.ot #1 with a 15
foot setback from our new neighbors riparian rights, it would be difficult to maneuver
a modest 30 foot sailboat into that dock, as shown on the accompanying diagram
I hope you will give serious consideration to denying this request for a four slip dock and
to granting a permit for building only a two slip dock occupying the center space of the
riparian rights.
Very truly yours, y
*daT. Ogren IF -
cc: cc: Nick Santoro JAN 16 1999 a
I s
COAS AL MANAGEIMENT
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NOV 2 4 1997
COASTAL MANAGEMENT
MOREHEAD
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JAN 16 1998
kiiANAGEMENT
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Lynda T. Ogren
3620 Brown Creek Road
Merritt NC 28556
44
CERTIFIED
Z 422 744 793
MAIL
149 IS1—t�-?r's
N.C. Division of Coastal Management
P.O. Box 769
Morehead City, NC 28557

November
NC Division of Coastal Management
P. O. Box 769
Morehead City, NC 28557
Dear Sir or Madam:
1OUC 0 17997
hlORFN�nr
The enclosed form/sketch of a proposed pier with four boat slips to be located on
property adjacent to a lot owned by the undersigned is objected to for the following reasons:
The waterway where the proposed pier would be located is increasingly busy,
and would benefit by minimal impact from property owners with direct water
access. It is our feeling that all land owners in the area would benefit if our
intrusions were kept to a minimum, and if a happy balance were struck between
maintaining the natural beauty of the creek, and the means whereby we enjoy
the creek.
2. The proposed pier is not, to our knowledge, to be used for commercial pur-
poses, and thus would seem to be an unnecessarily large facility that may be
underutilized (i.e., there would presumably be fewer than four boats at slip)
unless space were to be provided to boat owners other than those owned by
Mr./Mrs. Lupton/Schneider. If underutilized, the pier is an unnecessary visual
blight; if actually occupied by 4 boats, the visual blight and environmental
impact would be even greater.
3. The aesthetics of the shoreline, and western views of Brown's Creek, would be
significantly adversely affected by an unnecessarily large pier with as many as
four, possibly large, boats at slip. In addition to aesthetics, factors such as over-
board discharges, would be increased into a waterway that has a finite capacity
for handling discharge, piling preservative, etc.
4. It would appear to be contrary to the piers of an overwhelming number of
existing residents, who have single piers with space allowed for one or two slips.
To summarize, we believe that the community of land owners on Brown's Creek have,
in general, adhered to an ethic that strikes the aforementioned balance between esthetics and
waterway use. Cramming 4 slips/boats onto a single lot frontage would be a significant
departure from existing use, and, while apparently legal, would none -the -less signal a signifi-
cant departure from past and current waterway usage. We have no desire to limit unnecessar-
ily the enjoyment of the land/water area of the owners. We too, will in all likelihood, pursue
the construction of a pier. We simply believe that the best interests of the waterway, the' fir,
JAN 16 1998
COr':.S" zL A;I,1ij���.:aE.frllt_NT
MO'iE'jE';D

neighbors and downstream owners would best be served by restraint on direct impact efforts,
such as the construction of a facility that seems to reach beyond what is reasonably required for
enjoyment of the area's natural resources.
Sincerely,
C�vA
Charles Sp racino
J
Penny Sp racino
-C.n
�
fl� F
e
JAN 1 6
1998
COh� ; Wit_ ivtr�id,'�ca�Ui�cJT

CERTIFIED MAId,
RETURN RECEIPT REQUESTED
DearMr. & Mrs. Sp.aricino:
This letter is to notify you as an adjacent riparian
DEC 0 1 1997
COASTACMANAGEMENT
MOREHEAD
Lupton/Schneider plans to construct a pier with four boat slips
on their property located at Brown's Creek Rd. (lot # 2, Rosa D e i m n
Subdivision)
in p a m i c o County 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: N . S a n t o r o ,
Sunbelt Associates REal Estate, Inc. PO Box 729, Oriental, 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
I have no objection to the project as presently proposed and hereby waive that
right of objection as provided in General Statute 113-229.
VZ I have objections to the project as presently proposed and have enclosed
comments.
ignature
DATE:
i�
JAN
16 1998

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NORTH CAROLINA DIVI, DOCK PERMIT
To: NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
From: Caleb & Marion Marsh <[e-mail]>
Subject: DOCK PERMIT
Cc: NONE
Bcc: NONE
X-Attachments:
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT:
THE FOLLOWING COMMENTS ARE CONCERNING A PROPOSED DOCK AT LOT 2-
ROSA DEIMO, WHORTONSVILLE, PALMICO COUNTY, NC.
ALTHOUGH WE ARE NOT ABBUTERS TO THE ABOVE PROPERTY OUR LOT IS NEXT
TO THE SPARACINO LOT (AN ABUTTER). MY OBJECTION IS NOT TO THE DOCK
BUT TO THE SIZE OF SUCH A FACILITY ON A SMALL CREEK SUCH AS
BROWN'S. A TWO BOAT DOCK IS MORE THAN ADAQUATE FOR A RESIDENTS
USE. A FOUR SLIP FACILITY WITH POTENTIAL FOR USE BY SEVERAL
NONRESIDENTAL BOATERS IS NOT IN KEEPING WITH OTHER RESIDENTAL USE
ALONG MOST OF THE CREEK. THE BOATING TRAFFIC THAT MAY BE CREATED BY
THE SIZE OF SUCH A FACITITY WOULD BE DETREMENTAL TO THE ECOLOGY OF
THE RIVER. FURTHER PROBLEMS COULD BE CREATED DUE TO BOATER HEAD
DISCHARGE IF SUCH A DOCK DOES NOT HAVE AVAILABLE SANITARY
FACILITIES.
SINCE THE NEW REGULATIONS ON DOCKS MAY WELL BECOME LAW WITHIN
SEVERAL MONTHS IT SEAMS APPROPRATE TO COSIDER ITS LOGIC AT THIS
TIME.
THANK YOU FOR YOUR ATTENTION TO THIS MATTER.
C'N ,
'i
CALEB MARSH
3700 BROWNS CREEK ROAD
MERRITT, NC 28556
919-249-2873
NOV 2 6 1997
COASTALMANAGEMENT
JAN 1 6 1999
Printed for Caleb & Marion Marsh <[e-mail]> 1

�oa/C ter,' -A tv� iGrIGy/��
6t," �7o 4-S;4?
— l G / l fd,. 7/0--o .

SUNBELT ASSOCIATES
REAL ESTATE INC. (n`
JAN 61998
CO TALMANAGEMENT
November 14, 1997 �._._.__- MORE-iEAD
Mr. cat. Mrs. Don Ogren
3620 Brown Creek Rd. it Ji
Merritt, NC 28556
JAN 16 7998
Dear.Lyn & Don: 1—
„� �,_.
Co�.S-,AL M,ti�NNAGE_NAENT
ry[ Ci i-1 t' LI c:,1'7
Lot #2 in the Rosa Deimo Subdivision is under contract to be purchased by a
Mr. & Mrs. Schneider.
The contract requires that Mr. & Mrs. Schneider obtain a CAMA perniit to
construct a pier prior to their closing on this purchase. Since you are
adjacent riparian property owners, it is required that you be notified that a
pier permit is being applied for, to review the planned construction, and to
either voice your objections to the propsed plans or to indicate that you have
no objections to those plans.
Please review the enclosed plans and indicate whether or not you wish to
object to the proposed pier as shown on the back of the form. If you have no
objection, please indicate that in the space provided and return the Conn to
nie. If you wish to object, indicate the nature of your objections and send
the form to the NC Division of Coastal Management at the address shown on
the torni.
Please don't hesitate to call me to discuss any questions you may have on
any of this information.
Thanks.
Aaz-
Buyer's Agent
Post Office Box X, Broad Street •Oriental, North Carolina 28571 • 919-249-2867
Sailing Capital of North Carolina

d SENDER:
a
■ Complete items 1 and/or 2 for additional services.
I also wish to receive the
rn
■Complete items 3, 4a, and 4b.
following services (for an
■Print your name and address on the reverse of thls form so that we can return this
card to you.
ex[ta fee):
j
4)
■Attach this form to the front of the mailpiece, or on the back if space does not
1. ❑ Addressee's Address
V
d
permit.
■Write'Return Receipt Requested' on the mailpiece below the article number.
2. ❑ Restricted Delivery
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■The Return Receipt will show to whom the article was delivered and the date
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delivered.
Consult postmaster for fee.
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3. Arbcle Addressed to:
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4a. Article Number
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Dfecember 1994 I Domestic Return Receipt

SUNBELT ASSOCIATES
REAL ESTATE INC.
j JAN 6 1998
November 14, 1997 t
Mr. & Mrs. Charles Sparacino
3209 Jennifer Dr.
�
Durham, NC 27705
JAN 1 6 1998
Dear Charles 8i Penny:
coy
Lot �2 in the Rosa Deimo Subdivision is under contract to be purchased by a
Mr. & Mrs. Schneider. This is the lot immediately to your right if you are
toeing the Creek.
The contract requires that Mr. & Mrs. Schneider obtain a CAMA permit to
construct a pier prior to their closing on this purchase. Since you are
adjacent riparian property owners, it is required that you be notified that a
pier permit is being applied for, to review the planned construction, and to
either voice your objections to the propsed plans or to indicate that you have
no objections to those plans.
Please review the enclosed plans and indicate whether or not you wish to
object to the proposed pier as shown on the back of the form. If you have no
objection, please indicate that in the space provided and return the form to
nie. If you wish to object, indicate the nature of your objections and send
the torm to the NC Division of Coastal Management at the address shown on
the form.
Please don't hesitate to call me to discuss any questions you may have on
any of this information.
Thanks.
AVec t amy yours
Nic to
7 Z-1
Post Office Box $SA-, Broad Street • Oriental, North Carolina 28571 • 919-249-2867
Sailing Capital of North Carolina

N
SENDER:
■Complete items 1 and/or 2 for additional services.
I also wish to receive the
■Complete items 3, 4a, and 4b.
following services (for an
■Print your name and address on the reverse of this form so that we can return this
extra fee):
card to you.
■Attach this form to the front of the mailpiece, or or. the back it space does not
1. ❑ Addressee's Address
$
permit.
et
■ 'Retum Receipt Requested' on the madpiece below the article number.
2. ❑ Restricted Delivery
y
■The Retum Receipt will show to whom the article was delivered and the date
delivered.
Consult postmaster for fee.
g
. Article Addressed to:AA J�A
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5. Received By: riot )
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4a. Article Number J X
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❑ Retum Receipt for Merchandise ❑ COD
7. Date of Delivery
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8. Addressee's Address (Only if requested c
and fee is paid) CO
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OFFER TO PURCHASE AND CONTRACT
RICHARD C. SCHNEIDER and JUDITH ANN SCHNEIDER
If -- ___ ____ , as Buycr.
---
hereby otters to purchase and DENNIS W . LUPTON and GAIL LUPTON , as Seller,
upon acceptance of said oller, agrees to sell and convey, all of that plot, piece or parcel of land described below, together with all improvements located
thereon and such fixtures and personal property as arc listed below (collectively referred to as "the Property"), 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 3636 OldLu ton Rd., MERRITT, NC Zip 28556
Legal Descriptio —4�11 SUBDIVISION(APPROX—£:7�� . )
(0 All 0 A portion of the property in Deed Reference: Book Page No. PLAT CABINET A, SLIDE 95-7 County.)
NOTE: Prior to signing the Offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants, if any, which may limit the use of the
Property, and to read the Declaration of Restrictive Covenants, By -Laws, Articles of Incorporation, Rules and Regulations, and other governing
documents 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, att4ch,;,1
Il.wr coverings, blinds and shades including window hardware, window and door screens, storm windows, combination doors, awnings, antennas, satellite
dishes and receivers, burglar/fire/smoke alarms, pool and spa equipment, solar energy systems, attached fireplace screens, gas logs, fireplace inserts,
electric garage door openers with controls, outdoor plants and trees (other than in movable containers), basketball goals, storage sheds, mailboxes, wall
and/or door mirrors, and any items attached or affixed to the Prop Ay, EXCEPT the following items:
3. PERSONAL PROPERTY: The following personal property is included in the purchase price: NA
4. PURCHASE PRICE: The purchase price is $ 8 5 , 000 . 00 and shall be paid as follows:
(a) $ 1,000.00 , EARNEST MONEY DEPOSIT by 0 cash.Vpersonal check 0 bank check 0 certified check 0 other
tube deposited and held in escrow by SUNBELT ASSOCIATES REAL ESTATE, INC. as
escrow agent, until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated. In the event: (1) this offer
is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be returned to Buyer. In the event of breach of this
contract by Seller, upon Buyer's request, all earnest monies shall be returned to Buyer, but such return shall not affect any other remedies available to
Buyer for such breach. In the event this offer is accepted and Buyer breaches this contract, then all earnest monies shall be forfeited upon Seller's request,
but receipt of 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 required
by state law to retain said earnest money in the broker's trust or escrow account until a written release from the parties consenting to its disposition has
been obtained or until disbursement is ordered by a court of competent jurisdiction.
(b) $ NA ADDITIONAL EARNEST MONEY DEPOSIT to be paid to escrow agent no later than
(c) $_ NA , BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by
a deed of trust on the Property in accordance with the attached Loan Assumption Addendum.
(d) $ NA , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum.
(e) $ 84,000.00 BALANCE of the purchase price in cash at closing. rp�
5. CONDITIONS: (State N/A in each blank that is not a condition to this contract.) ( U�
(a) The Buyer must be able to obtain a loan commitment on or before OCTOBER 4 , 1997, effective through the date of closing, for a
O FHA 0 VA (attach FHANA Financing Addendum) 30 Conventional 0 Other
Juan at M Fixed Rate 0 Adjustable Rate 0 Other: in the principal amount
of 76,500.00 for a term of 15 year(s), at an interest rate not to exceed 9 % per annum, with
mortgage loan discount points not to exceed 1 % of the loan amount. Buyer agrees to use his best efforts to secure such commitment. Buyer
shall be responsible for all costs with respect to any loan obtained by Buyer, except if Seller is to pay any of the Buyer's loan closing costs including
discount points, those costs are as follows: NA
In the event Buyer fails to provide Seller with written evidence of the loan commitment within five days after receipt of a written request from Seller
(but such request may not be made before the loan commitment date listed above), then Seller may terminate this contract unless Buyer waives the loan
commitment condition.
(b) There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the real property for
RESIDENTIAL purposes.
(c) The Property must be in substantially the same or better condition at closing as on the date of this offer, reasonable wear and tear excepted.
(d) All deeds of trust, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at closing suci,
that cancellation may be promptly obtained following closing. Seller shall remain obligated to obtain any such cancellations following closing.
(e) Title must be delivered at closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple marketable title, free
of all encumbrances except: ad valorem taxes for the current year (prorated through the date of closing); 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.
6. SPECIAL ASSESSMENTS: Seller warrants that there are no governmental special assessments, either pending or confirmed, for sidewalk, paving,
water, sewer, or other improvements on or adjoining the Property, and no owners' association special assessments, except as follows:
NONE
(Insert "None" or the identification of such assessments, if any.) Seller shall pay all confirmed owners' association assessments and all confirmed
governmental assessments, if any, and Buyer shall take title subject to all pending assessments, if any, unless otherwise agreed as follows:
NONE
7. PRORATIONS 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 through the date of closing; (b) Ad valorem taxes
on personal property for the entire year shall be paid by the Seller unless the personal property is conveyed to the Buyer, in which case, the personal
property 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 any, for the Property shall be prorated through the date of closing. (e) Owners' association dues, and other like charges shall be prorated through the
date of closing. Seller represents that the regular owners' association dues, if any, are $-. NA _ per _r'A __
8. CLOSING EXPENSES: Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this
agreement, and for excise tax (revenue stamps) required by law. Buyer shall pay for recording the deed and for preparation and recording of all
instruments required to secure the balance of the purchase price unpaid at closing.
9. FUEL: Buyer agrees to purchase from Seller the fuel, if any, situated in any tank on the Property at the prevailing rate with the cost of measurement
thereof, if any, being paid by Seller.
10. EVIDENCE OF TITLE: Seller agrees to use his best efforts to de; er to Buyer as soon as reasonably possible after the acceptance of this oftcr,
copies of all title information in possession of or available to Seller, in, ,ading but not limited to: title insurance policies, attorney's opinions on title,
surveys, covenants, deeds, notes and deeds of trus and easements relating to the Property.
11. LABOR AND MATERIAL: Seller shall furnish at closing an affidavit and indemnification agreement in form satisfactory to Buyer showing
that all labor and materials, if any, furnished to the Property within 120 days prior to the date of closing have been indemnify
Buyer against all loss from any cause or claim arising therefrom
IThis standard Form has been NORTH CAROLINA E, yR ASSOCIATION, INC. p 14t, ' ;rd Form No. 2
R,,,,,ous approved jointly by the: NORTH CAROLINA iSOCIATION OF REACTORS®, INC. GoprJSM1W 99
„_ PvV INAC .- ,~
--

12. PROPERTY DISCLOSURE AND INSPECTIONS:
(a) Property Disclosure:
0 Buyer has received a signed copy of the Residential Property Disclosure Statement prior to the signing of this Offer to Purchase and C4untract.
0 Bu) er has NOT received a signed copy of the Residential Property Disclosure Statement prior to the signing of this Offer to Purchase and CcItr,,,t
.u(d ,hall have the right to terminate or withdraw this contract without penalty upon receipt of the Residential Property Disclosure Statement pro%•idc l
such termination or withdrawal notice is hand delivered or mailed to Seller or Seller's Agent within three days following receipt of same.
XI Exempt from Residential Property Disclosure Statement because (SEE GUIDELINES)____ PROPERTY IS UNIMPROVED _
O The Property is residential and was built prior to 1978 (Attach Lead -Based Paint or Lead -Based Paint Hazards Disclosure Addendum.)
(b) Property Inspection: Unless otherwise stated herein, or as otherwise provided on an inspection addendum attached hereto, Buyer shall have uw
option of inspecting or, obtaining at Buyer's expense, inspections to determine the condition of the Property. Unless otherwise stated herein, it v,
condition of this contract that: (i) the built-in appliances, electrical system, plumbing system, heating and cooling systems, roof coverings (includutr
flashing and gutters), doors and windows, exterior surfaces, structural components (including foundations, columns, chimneys, floors, walls, ccihur.,
and roofs), porches and decks, fireplaces and flues, crawl space and attic ventilation systems (if any), water and sewer systems (public and private), shall
be performing the function for which intended and shall not be in need of immediate repair, (ii) there shall be no unusual drainage conditions or evidence
of excessive moisture adversely affecting the structure(s); and (iii) there shall be no friable asbestos or existing environmental contamination. Inspection,
must be completed on or before _ ._ NA_- . Buyer is advised to have any inspections made Prior to incurring cxncn ,� .
tOr; losing and in sufficient time to permit any rcouircd rcp�irs to be com ►feted by closine.
(c) 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
Has no visible evidence of wood -destroying insects and containing no indication of visible damage therefrom. The report must be obtained in sufficient
time 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. The Buyer is advised that the inspection reoort described in this paragraph m.,�
nut :,Iways reveal either structural damage or damage caused by agents or oreanisms other than wood-destrovine insects. If new construction, Seller shall
provide a standard warranty of termite soil treatment.
(d) Repairs: Puruant to any inspections in (b) and/or (c) above, if any repairs are necessary, Seller shall have the option of (i) completing them, (ii )
prov tding for their completion, or (iii) refusing to complete them. If Seller elects not to complete or provide for the completion of the repairs, then Bu) ct
shall have the option of (iv) accepting the Property in its present condition, or (v) terminating this contract, in which case all earnest monies shall be
refunded. Unless otherwise stated herein, or as otherwise provided on an inspection addendum attached hereto, any items not covered by (b)(i), b (tt).
b (ill) and (c) above are excluded from repair negotiations under this contract.
(e) Acceptance: CLOSING SHALL CONSTITUTE ACCEPTANCE OF EACH OFTHE SYSTEMS. ITEMS AND CONDITIONS LIST1.f►
klioVF IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING.
13. REASONABLE ACCESS; Seller will provide reasonable access to Buyer or Buyer's representatives for the purposes of ap praisal, inspcc e
andior evaluation. Buyer may conduct a walk-through inspection of the Property prior to closing, p(� U14-�2 x t� J 77 +��
la. CLOSING: Closing shall be defined as die date and time of recording of the deed. Allparties grc • to execute any and all d( ;umcnis and paper�
in connection with closing and transfer of title on or b0bre s->� at a place desiguatbd by Buyer.
Is,cdeed istobemade to RICHARD C. SCHNEIDER and TOD H :�iI41 SC TNEIDER _
15. POSSESSION: Unless otherwise provided herein, possession shall be delivered at closing. In the event possession is NOT to be delivered tit
clu>utg: 0 a buyer possession before closing agreement is attached. OR, O a seller possession altcr closing agreement is attached.
to. OTHER PROVISIONS AND CONDITIONS: (ITEMIZE: ALL ADDENDA TO THIS CONTRACTAND A I"TACH HER1 10. SLE LIS f u[
S fANDARD FORM ADDENDA AVAILABLE.)
a) Buyer must be able to obtain a CAMA pier permit for a four slip
docking facility adjacent to property prior to closing. The
application process will be the responsibility of the Buyer.
17. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to closing shall be upon Seller. If the improvements on the Propert)
.,rc destroyed or materially damaged prior to closing, Buyer may terminate this contract by written notice delivered to Seller or Seller's agent and all
deposits shall be returned to Buyer. In the event Buyer does NOT elect to terminate this contract, Buyer shall be entitled to receive, in addition to the
Prupeny, any of the Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property being purchased.
18. ASSIGNMENTS: This contract may not be assigned without the written consent of all parties, but if assigned by agreement, then this contract shalt
be binding on the assignee and his heirs and successors.
19. 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
:,,signs. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate.
20. SURVIVAL: It'any provision herein contained which by its nature and effect is required to be observed, kept or performed after the closing, ,t
shall survive the closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed.
21. ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations, inducements or 91her
pro%isions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained
herein shall alter any agreement between a REALTOR' or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement,
or any other agency agreement between them.
22. EXECUTION: This offer shall become a binding contract when signed by both Buyer and Seller. This contract is executed under seal in signed
multiple originals, all of which together constitute one and the same instrument, with a signed original being retained by each party and each REALTOR`
or broker hereto, and the parties adopt the word "SEAL" beside their signatures below.
it: YOU DO NOT UNDERSTAND THIS OFFER TO PURCHASE: AND CONTRACTOR PEEL THAT IT DOES NOT PROVIDE~ FOR YOUk
I f.u:\L NEEDS, YOU SI IOULD CONSULT A NORTI I CAROLINA REAL ESTATE A'ITORNEY BEFORE YOU SIGN IT.
Buyer a
Ss i car
5SlI'ax IDV 00
Buyer
ssfua;: lid# 00
Date:
madxrgn on -site personal examination of the
f2_(SEAL) Sel
SS,
L) Se
8s
Di
SEAT.)
SLA►.)
I hereby acknowledge receipt of the earnest money herein set forth and agree to hold and disburse the same in accoraance wim the terms ucrem.
Date Firm:_
D Buyer's Agent
SUNBELT ASSOCIATES REAL ESTATE, INC- O Seller's (sub)ageti[Acting as0 Dual Agent
Selling Agent/Firm/Phone
0 Seller's (sub)agent
Listing AgendFirm/Phonc NONE —_ _ ___ <<\etinS as O Dual Agent
i

OFFER TO PURCHASE AND CONTRACT'��
RICHARD C. SCHNEIDER and JUDITH ANN SCHNEIDER ,
JANi6 ''
as�Buycr,
hcrch) offers to purchase quid _ DENNIS W . LUPTON and GAIL LUPTON as Seller,
upon acceptance of'said offer, agrees to sell and convey, all ofthat plot, piece or parcel of land described below, together with all improvemcntsslocatcd
thereon and such fixtures and personal property as are listed below (collectively referred to as "the Property"), 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 3636 Old Lupton Rd., MERRITT, NC Zip 28556
I.cgal Description: L4ZI hUbADE I MU SUBDIVISION (APPROX 2= 7G—AC.1
(0 All ® A portion ofthe property in Deed Reference: Book , Page No. PLAT CABINET A, SLIDE 95-7 County l
NOTE: Prior to signing the Offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants, if any, which may limit the use of the
Propeny, and to read the Declaration of Restrictive Covenants, By -Laws, Articles of Incorporation, Rules and Regulations, and other governing
documents 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, attacl,c,J
flour coverings, blinds and shades including window hardware, window and door screens, storm windows, combination doors, awnings, antennas, satellite
dishes and receivers, burglar/fire/smoke alarms, pool and spa equipment, solar energy systems, attached fireplace screens, gas logs, fireplace inscns,
electric garage door openers with controls, outdoor plants and trees (other than in movable containers), basketball goals, storage sheds, mailboxes, wall
wid/or door mirrors, and any items attached or affixed to the PropeAy, EXCEPT the following items:
3. PERSONAL PROPERTY: The following personal property is included in the purchase price: NA
i. PURCHASE PRICE: The purchase price is S 8 5 , 000 . 00 and shall be paid as follows:
(a) S 1,000.00 , EARNEST MONEY DEPOSIT by O cash 91 personal check O bank check O certified check O other
to be deposited and held in escrow by SUNBELT ASSOCIATES REAL ESTATE, INC. as
escrow agent, until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated. In the event: (1) this offer
is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be returned to Buyer. In the event of breach of this
contract by Seller, upon Buyer's request, all earnest monies shall be returned to Buyer, but such return shall not affect any other remedies available to
Buyer for such breach. In the event this otter is accepted and Buyer breaches this contract, then all earnest monies shall be forfeited upon Seller's request,
but receipt of 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 required
by state law to retain said earnest money in the broker's trust or escrow account until a written release from the parties consenting to its disposition has
been obtained or until disbursement is ordered by a court of competent jurisdiction.
(b) S NA ADDITIONAL EARNEST MONEY DEPOSIT to be paid to escrow agent no later than
(c) $ NA BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured b�
a deed of trust on the Property in accordance with the attached Loan Assumption Addendum.
(d) $ NA BY SELLER FINANCING in accordance with the attached Seller Financing Addendum.
(e) S 84,000.00 BALANCE of the purchase price in cash at closing. 3 �,p /��
S. CONDITIONS: (State N/A in each blank that is not a condition to this contract.) Ili
(a) The Buyer must be able to obtain a loan commitment on or before OCTOBER 2-4— 1997 effective through the date of closing, for a
O FHA O VA (attach F1IANA Financing Addendum) 17 Conventional O Other
luau at M Fixed Rate O Adjustable Rate O Other: in the principal amount
of 76 , 500. 00 for a term of 15 year(s), at an interest rate not to exceed 9 %per annum, with
mortgage luun discount points not to exceed 1 %ol'the loan amount. Buyer agrees to use his best efforts to secure such commitment. Bu)cr
,hall be responsible for all costs with respect to any loan obtained by Buyer, except il'Seller is to pay any of the Buyer's loan closing costs including
discount points, those costs are as follows: _ NA
In the event Buyer fails to provide Seller with written evidence of the loan commitment within five days after receipt of a written request from Seller
(but such request may not be made before the loan commitment date listed above), then Seller may terminate this contract unless Buyer waives the loaf,
commitment condition.
(b) There must be no restriction, casement, zoning or other governmental regulation that would prevent the reasonable use of the real property for
_ RESIDENTIAL purposes.
(c) The Property must be in substantially the same or better condition at closing as on the date of this offer, reasonable wear and tear excepted.
(d) All deeds of trust, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at closing such
that cancellation may be promptly obtained following closing. Seller shall remain obligated to obtain any such cancellations following closing.
(c) Title must be delivered at closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple marketable title, free
of all encumbrances except: ad valorem taxes for the current year (prorated through the date of closing); 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.
6. SPECIAL ASSESSMENTS: Seller warrants that there are no governmental special assessments, either pending or confirmed, for sidewalk, paving,
water, sewer, or other improvements on or adjoining the Property, and no owners' association special assessments, except as follows:
NONE
(lnsen "None" or the identification of such assessments, if any.) Seller shall pay all confirmed owners' association assessments and all confirmed
governmental assessments, if any, and Buyer shall take title subject to all pending assessments, if any, unless otherwise agreed as follows:
_ NONE
7. PRORATIONS 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 through the date of closing; (b) Ad valorem taxes
on personal property for the entire year shall be paid by the Seller unless the personal property is conveyed to the Buyer, in which case, the persona)
property 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 any, for the Property shall be prorated through the date of closing, (e) Owners' association dues, and other like charges shall be prorated through the
date of closing. Seller represents that the regular owners' association dues, if any, are $__ NA,__ per VA ___
S. CLOSING EXPENSES: Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under the:
agreement, and for excise tax (revenue stamps) required by law. Buyer shall pay for recording the deed and for preparation and recording oC all
instruments required to secure the balance of the purchase price unpaid at closing.
9. FUEL: Buyer agrees to purchase from Seller the fuel, if any, situated in any tank on the Property at the prevailing rate with the cost of measurement
thereof, if any, being paid by Seller.
10. EVIDENCE OF TITLE: Seller agrees to use his best efforts to de: er to Buyer as soon as reasonably possible after the acceptance of this offer,
copies of all title information in possession of or available to Seller, in, . uding but not limited to: title insurance policies, attorney's opinions on title,
surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property.
11. LABOR AND MATERIAL: Seller shall furnish at closing an affidavit and indemnification agreement in form satisfactory to Buyer showing
that 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 indemnity
Buyer against all loss from any cause or claim arising therefrom. --L — �---
,) LIEThis Standard Form has been NORTH CAROLINA F %R ASSOCIATION, INC. n rtr!ez L�
R!!�-Q, approved jointly by the: NORTH CAROLINA ,SOCIATION OF REALTORS®, I C Co` t o
I JAN 1 98
COASTAL

12. PROPERTY DISCLOSURE AND INSPECTIONS:
(a) Property Disclosure:
0 Buyer has received a signed copy of the Residential Property Disclosure Statement prior to the signing of this Offer to Purchase and Contract.
* Buyer has NO I' received a signed copy of the Residential Property Disclosure Statement prior to the signing of this Offer to Purchase and Cuntra,�t
,utd ,hill have the right to terminate or withdraw this contract without penalty upon receipt of the Residential Property Disclosure Statement provided
such termination or withdrawal notice is hand delivered or mailed to Seller or Seller's Agent within three days following receipt of same.
V F-,en)pt front Residential Property Disclosure Statement because (SEE GUIDELINES)__ PROPERTY IS UNIMPROVED
C'I The Property is residential and was built prior to 1978 (Attach Lead -Based Paint or Lead -Based Paint Hazards Disclosure Addendum.)
(b) Property Inspection: Unless otherwise stated herein, or as otherwise provided on an inspection addendum attached hereto, Buyer shall have ttte
option of inspecting or, obtaining at Buyer's expense, inspections to determine the condition of the Property. Unless otherwise stated herein, it is a
condition of this contract that: (i) the built-in appliances, electrical system, plumbing system, heating and cooling systems, roof coverings (includint
11ashing and gutters), doors and windows, exterior surfaces, structural components (including foundations, columns, chimneys, floors, walls, cerhngs
and roofs), porches and decks, fireplaces and flues, crawl space and attic ventilation systems (if any), water and sewer systems (public and private), shall
bt performing the function for which intended and shall not be in need of immediate repair, (ii) there shall be no unusual drainage conditions or evidenL,:
„ f excessive moisture adversely affecting the structurc(s); and (iii) there shall be no friable asbestos or existing environmental contamination. Inspection
must be completed on or before NA_ Buyer is advised to have any inspections made prior to incurrin` cxncj, ., .
tor k lasting and in sufficient time to perm l any required repairs to be completed by closing.
(c) 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
%saS no visible evidence of wood -destroying insects and containing no indication of visible damage therefrom. The report must be obtained in sufficient
nine 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 wmpletca
prior to closing, unless otherwise agreed upon in writing by the parties. The 1juver is advised that the inspection report described in this paragraph ma\
t:,rcvcal ci!her structara! d:urrageor danrt_c Laused by agents or arganis:ns other that) wood- destrovirtg insects. If new construction, Seller sha!i
provide a standard warranty of termite soil treatment.
(J) Repairs: Pursuant to any inspections in (b) and/or (c) above, if any repairs are necessary, Seller shall have the option of (i) completing them. (i.)
providing for their completion, or (iii) refusing to complete them. if Seller elects not to complete or provide for the completion of the repairs, then Buy ct
shall have the option of (iv) accepting the Property in its present condition, or (v) terminating this contract, in which case all earnest monies shall be
refunded. Unless otherwise stated herein, or as otherwise provided on an inspection addendum attached hereto, any items not covered by (b)(i) , b (J),
b (iii) and (c) above are excluded from repair negotiations under this contract.
(e) Acceptance: CLOSING SHALL CONSTITUTE ACCEPTANCE OF EACH OF TIIE SYSTEMS ITEMS AND CONDITIONS LISTED
ABOVE IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING
13. REASONABLE ACCESS: Seller will provide reasonable access to Buyer or Buyer's representatives for the purposes of appraisal, ms!ccee
and,or evaluation. Buyer may conduct a walk-through inspection of the Property prior to closing. P(Z ur4-lzy 1.; 77
14. CLOSING: Closing shall be defined as the date and time of recording of the deed. All parties�eigrc • to execute any and all ddcuments and paper/
ueceSbary in connection with closing and transfer of title on or before at a place desiguatbd by Buyer.
I he deed is to be made to RICHARD C. SCHNEIDER and JUD H �TINEIDER
15. POSSESSION: Unless otherwise provided herein, possession shall be delivered at closing. In the event possession is NOT to be delivered at
closing: 0 a buyer possession before closing agreement is attached. OR, 0 a seller possession after closing agreement is attached.
lo. OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACTAND A'I"I'ACH HERE I'O. SEE LIST Ul'
STANDARD FORM ADDENDA AVAILABLE.) 11
Buyer must be able to obtain a CAMA pier permit for a four s
-' lip i
docking facility adjacent to property prior to closing. The
application process will be the responsibility of the Buyer.
k,
17. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to closing shall be upon Seller. I l' the improvements on the Prupert�
.ae dcsuoycd or materially damaged prior to closing, Buyer may terminate this contract by written notice delivered to Seller or Seller's agent and all
deposits shall be returned to Buyer. In the event Buyer does NOT elect to terminate this contract, Buyer shall be entitled to receive, in addition to the
Property, any of the Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property being purchased.
18. ASSIGNMENTS: This contract may not be assigned without the written consent of all parties, but if assigned by agreement, then this contract shall
be binding on the assignee and his heirs and successors.
19. 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. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate.
20. 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 survive the closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed.
21. ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations, inducements or wilier
provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained
herein shall alter any agreement between a REALTOR01 or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement,
or an) other agency agreement between them.
22. EXECUTION: This offer shall become a binding contract when signed by both Buyer and Seller. This contract is executed under seal in signed
multiple originals, all ol'which together constitute one and the same instrument, with a signed original being retained by each party and each REALTOR`
or broker hereto, and the parties adopt the word "SEAL" beside their signatures below.
11: YOU DO NOT UNDERSTAND THIS OFFER TO PURCHASE AND CONTRACT OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR
NEEDS, YOU SI IOULD CONSULTA NORT'I I CAROLINA REAL I:STATE AT-1'ORNEY BEFORI' YOt1 SIGN IT.
Buyer acl
SS%I'ax n
Date: J
n on -site personal
examination of the Proper rior to the `making of it " er
(SEAL) Seller 7.1� ^ L W (SEAL)
SS/Tax ID#
iA 0/i `1 / (4I:i11.1
-,...,�
3 SSfl'ax ID#
Date:
V
1 hereby acknowledge receipt of the earnest money herein set forth and agree to hold and disburse the same in accordance with the terms hereul.
Date
Selling Agent/Firm/Phone
Firm:
By:
SUNBFLT ASSOCIATES REAL ESTATE, INC.
Listing Agent/Firni/Phone _NON E
-)0 Buyer's Agent
O Seller's (sub)agcni
Acting as 0 Dual Agent
0 Seller's (sub)agent
Acting as 0 Dual Agent