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40992_HARDEE, A.B. II_20050307
C-! CAMA / IDREDGE&FILL GENtRAL PERMIT Previous permit# ]New i (Modification I iComplete Reissue ❑Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC Applicant Name / 1 c :�� .r Project Location: County _ Address i _ Street Address/ State Road/ Lot #(s) City of ' f ( State ` ZIP ❑ Rules attached. Phone # ( ) Fax # O Subdivision Authorized Agent ` ` J CityZIP—.-- Affected -' CW 9EW [9 F A ❑ ES ❑ PTS Phone # (i) River Basin AEC(s): J OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A Adj. Wtr. Body (nat /man /unkn) ❑ PWS: ❑FC: ORW: yes / no. PNA yes / no Crit. Hab. yes / no Closest Maj. Wtr. Body --- Type of Project/ Activity Pier (dock) length Platform(s) Finger pier(s) Groin length number Bulkhead/ Riprap length _ avg distance offshore max distance offshore Basin, channel cubic yards Boat ramp Boathouse/ Boatlift Beach Bulldozing Other I T%1_ _. .�--�. r Shoreline Length CAV• not ci ire vac nn Sandbags: not sure yes no Moratorium: n/a yes no Photos: yes no Waiver Attached: yes no A building permit may be required by: Notes/ Special Conditions ' r pp�ted Name �✓'"y i ** lease read c ement on back of permit Application Fee(s) Check # (Scale: ) __ See note on back regarding River Basin rules. Permit Officer's Signature Issuing Date Local Planning Jurisdiction G Expiration Date Rover File Name Statement of Compliance and Consistency 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 or criminal or civil action; and may cause the permit to become 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) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: F Tar - Pamlico River Basin Buffer Rules Other: Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-648 [)or the Wilmington Regional Office (910-395-3900) for more information on how to comply with thesebuffer rules. Division of Coastal Management Offices Central Office Mailing Address: 1638 Mail Service Center Raleigh, NC 27699-1638 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / 1-888ARCOAST Fax:919-733-1495 Elizabeth City District 1367 U.S. 17 South Elizabeth City, NC 27909 252-264-3901 Fax:252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Morehead City District 151-B Hwy. 24 Hestron Plaza II Morehead City, NC 28557 202-808-2808 Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-395-3900 Fax:910-350-2004 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) www.nccoastalmanagement.net Revised 10/05/01 03103f2005 10:40 3018557856 DL5 PAGE 0/01 pir�rz-m•-24it�� 1m1€. AM tJ-F_5_ LLG i ,�:�� ria ir•� --- r ADJACENT RIPARIAN PROPERTY OWNER STATEMENT (FOR A PIER/MOORIrVrCi PILMSIDOA'rUFTIBOArROC)M I hereby Cerafy that I own property adjacent to 1, 8 • r,d s 's (Name of Property Owner) property located Olt :± . T J; ivn 4-le - _.r,,,,,w = (Uk 81&1r, Rood, etc., on C' fir► �+ arm tk f ' .._,N.C. (Waterlody) (Town and/or nty) He hu described to nos, as shown below, the development he is pmpo� at that tacation, and, I have no objections tam his proposal. I understand that a pierlmoozing piling / o tliftUathouw must be act back a minimum distar►ce of fifteen feat (l S) from my area of riparian access unieaa walved by mc. I is = ww6h to waive the setbvzk requirement. ...�_ I dg wish to waive the setback requirement. DESCRInION AND/OR DRAWING OF PROPOSED DEVELOPMENT (10 DE FILLED V BY nVDMDVAL PROP054VO DEVELOPMENT) C.(,-5( c a T); anna SeabDan (�,37S 19'cLr 1 S�- �U'' 73 <:� r, a Signatwe Print or y'f p acne ,Y T ephone Number Bate: INTRACOASTAL WATIERWAY 3DXZ.S 14 Seaborn I Hardee I Smith Property Property Property 6 1 7 1 8 GAZEBO 8' 8 Sight Plan Hardee Property Lot # 7 Waterway Drive Stanton Landing Beaufort Township Notes: Scale: 1 "=50' 5tuotk 64t,){ iia4- 4-o exceed 3&0 sZ' poposed dock ohj 50,zeb- w/ 2 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT (FOR A PIERIMOORING PILINGSIBOATLIFT/BOATHOUSE) hereby Certify that I own property adjacent to A -a• Nardc.r- 's (Name of Property Owner) property located at t p+ � 7 PhVe- -,2'- Ste, ha-1 (Lot, Block, Road, etc..) on Zykim ('o-r-oAx,/ `✓ocleiz,in C-A'-kr<--4 N.C. (Waterbody) (Town and/or ounty) He has described to me, as shown below, the development he is proposing at that location, and, I have no objections tom his proposal. I understand that a pier/mooring pilings/boatliftfboathouse must be set back a minimum distance of fifteen feet (15) from my area of riparian access unless waived by me. % I do not wish to waive the setback requirement. I do wish to waive the setback requirement. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (TO BE FILLED INBYINDIVIDUAL PROPOSING DEVELOPMEN7) Sce 14,UA C 4,1 -------------------------- ---------------------- POO Nvx-e<- Signature Z g-2 _ � ` Z� �� Print or Type Name "Telephone Number 0 Date: ,� t s AS. 04rdt.Y ,toy S Idt s� _ Mcf;eti Ct i A (— VACANT LOT OFFER TO PURCHASE AND CONTRACT LTsS7 NOTE: This contract is intended for use only for lots which have been developed pursuant to a Subdivision Ordinance adopted by a City or County and for which a plat has been recorded in the Office of the Register of Deeds in the county in which the property is located. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract (Form 12�) with the New Construction Addendum (Form 2A3). �ffi�i L arvwA � 14wrdt f Artd w;��—LsS1ytn L. HgrdCC __ ______ ___ as Buyer, hereby offers to purchase and L). F. $ . Le.. c— , as Seller, upon acceptance of said offer, agrees to sell and convey, all of that plot, piece or parcel of land described below (hereafter referred to as the "Property"), upon the following terms and conditions: 1. REAL PROPERTY: Located in the City of /l ftt $e^o4e . _ , County of Ce►/�erc1_ _. State of North Carolina, being known as and more particularly described as: Street Address Subdivision Name Plat Reference: Lot 4`7 owd 70. , Block or Section k as shown on Plat Book or Slide , 1� at Page(s) HA (Property acquired by Seller in Deed Book �_ n Page A/�1 ). NOTE: Prior to signing this Vacant Lot 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. PURCHASE PRICE: The purchase price is $ and shall be paid as folloFank' (a) $__EARNEST MONEY DEPOSIT with this offer by ❑ cash �rsonal check ❑ check ❑ certified check ❑ other: to he deposited and held in escrow by Zmfttv n ZSCr*k) eoy a ("Escrow Agent") until the sale is closed, at which time it will be Aedited to Eluyer, 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) $__ ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than N , TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE. (c) $ AfA 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) $ /1(/4 , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum, (e) $— ", 000 , BALANCE of the purchase price in cash at Closing. 3. CONDITIONS: (State N/A in each blank that is not a condition to this contract.) � // (a) Buyer must be able to obtain a 2 Conventional � Other: _ loan at a eF`txed Rate ❑ Adjustable Rate in the principal amount of Am 90.60 0 for a term of ZO year(s), at an initial interest rate not to exceed <o %per annum, with mortgage loan discount points not to exceed I % of the loan amount. Buyer shall apply for said loan within /p _ days of the Effective Date of this contract. Buyer shall use Buyer's best efforts to secure the lender's customary loan commitment letter on or before 1i%f&A tr and to satisfy all terms and conditions of the loan commitment letter by Closing. After the above letter date, Seller may request in writing from Buyer a copy Page 1 of 4 This form jointly approved by: STANDARD FORM 12 - T ® North Carolina Bar Association © 7/2003 a[a�ro❑« North Carolina Association of REALTORS®,1Innc. / Buyer Initials Seller Initials 4I ysl,C�-� f of the loan commitment letter. If Buyer fails to provide Seller a copy of the loan commitment letter or a written waiver of this loan condition within five days of receipt of Seller's request, Seller may terminate this contract by written notice to Buyer at any time thereafter, provided Seller has not then received a copy of the letter or the waiver. (b) There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the Property for % j' k ReSif H-W purposes ("Intended Use"). (c) The Property must Ife in substantially he 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. (e) Title must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple marketable and insurable title, free of all encumbrances except: ad valorem taxes for the current year (prorated through the date of Closing); utility easements 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. 4. SPECIAL ASSESSMENTS: Seller warrants that there are no pending or confirmed governmental special assessments for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' association special assessments, except as follows: (Insert "None" or the identification of such assessments, if any.) Seller shall pay all owners' association assessments and all governmental assessments confirmed through the time of Closing, if any, and Buyer shall take title subject to all pending assessments, if any, unless otherwise agreed as follows: 5. 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) All late listing penalties, if any, shall be paid by Seller; (c) Rents, if any, for the Property shall be prorated through the date of Closing; (d) 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 $ O%,y per yCw► 6. CLOSING EXPENSES: Buyer shall be responsible for all costs with respect to any oanl obtained by Buyer. 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. 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. If Seller is to pay any of Buyer's expenses associated with the purchase of the Property, the amount thereof shall be $OOo%.t. , excluding any portion disapproved by Buyer's lender. 7. EVIDENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date of this contract, copies of all title information in 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 easements relating to the Property. Seller authorizes (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; and (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys. 8. 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 indemnify Buyer against all loss from any cause or claim arising therefrom. 9. CLOSING: Closing shall be defined as the date and time of recording of the deed. All parties agree to execute any and all documents and papers necessary in connection with Closing and transfer of title on or before h '( 1- O o 5—at a place designated by Buyer. The deed is to be'made to AWS afywn� r nkr- at"A (-estyii Carts` k4j- C'f- CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY iN ITS THEN EXISTING' CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 10. POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing. No alterations, excavations, tree removal or other such activities may be done before possession is delivered. Pacve 2 of 4 1/%S CCC STANDARD FORM 12 - T Buyer initials Seller Initials © 7/2003 r' 20: NOTICE AND EXECUTION: Any notice or communication to be given to a party herein may be given to the party or to such parry's agent. This offer shall become a binding contract (the "Effective Date") when signed by both Buyer and Seller and such signing is communicated to the offering party. 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. Buyer acknowledges having made an on -site personal examination of the Property prior to the making of this offer. THE NORTH CAROLINA ASSOCIATION OF REALTORSJ, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE. YOU SIGN IT. Date: .�/Z o --- — -- Date: BW � > . A(SEAL) Seller W1105 UL C- (SEAL) Date: `3/ j� - _. -- -- Date: Buyer ,(SEAL) Seller (SEAL) Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with the terms hereof. Date Fiml: Selling Agent/Firm/Phone. Listing Agent/Firm/Phone _ M (Signature) Acting as ❑ Buyer's Agent ❑ Seller's (sub)Agent ❑ Dual Agent Acting as ❑ Seller's (sub)Agent ❑ Dual Agent Page 4 of 4 STANDARD FORM 12 — T © 7/2003 11s SEWER SYSTEM (check only ONE): ❑ Buyer has investigated the costs and expenses to install the sewer system approved by the Improvement Permit attached hereto as Exhibit A and hereby approves and accepts said Improvement Permit. ❑ Seller represents that the system has been installed, which representation survives Closing, but makes no further representations as to the system. Buyer acknowledges receipt of the Improvement Permit attached hereto as Exhibit A. Buyer shall have the option of inspecting or obtaining, at Buyer's expense, inspection(s) to determine the condition of the system. If the system is not performing the function for which intended and is in need of immediate repair.. Buyer may terminate this Contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by �� that this condition cannot be satisfied, time being of the essence. tJ This contract is contingent upon Buyer obtaining an ImproveerVnt Permit or written evaluation from the County Health Department ("County") for a (check only ONE) ❑ conventional or Crother LPr ground absorption sewage system for a __ bedroom home. All costs and enses of obtaining such Permit or written evaluation shall be borne by Buyer, except Seller, by no later than /%pit% ex , shall be responsible for clearing that portion of the Property required by the County to perform its tests and/or inspections. Buyer shall use Buyer's best efforts to obtain such Permit or written evaluation. If the ground absorption sewage system is not allowed, Buyer may terminate this contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by toss that this condition cannot be satisfied, time being of the essence. ❑ Buyer has investigated and approved the availability, costs and expenses to connect to a ❑ public or O community sewer system. 12. SOIL, WATER, UTILITIES AND ENVIRONMENTAL CONTINGENCY: This contract is contingent upon Buyer obtaining report(s) that (i) the soil is suitable for Buyer's Intended Use, (ii) utilities and water are available to the Property, (iii) there is no environmental contamination, law, rule or regulation that prohibits, restricts or limits Buyer's Intended Use, and (iv) there is no flood hazard that prohibits, restricts or limits Buyer's Intended Use (collectively the "Reports"). All costs and expenses of obtaining the Reports shall be borne by Buyer. Buyer shall use Buyer's best efforts to obtain such Reports. If the Reports cannot be obtained, Buyer may terminate this contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by &W J , 2 W that this condition cannot be satisfied, time being of the essence. —� 13. RIGHT OF ENTRY, RESTORATION AND iNDEMNITY: Buyer and Buyer's agents and contractors shall have the right to enter upon the Property for the purpose of appraising the Property, and performing the tests and inspections permitted in Sections H , 12 and 13 of this contract. If Buyer terminates this contract as provided herein, Buyer shall, at Buyer's expense, restore the Property to substantially its pre -entry condition within thirty days of contract termination. Buyer will indemnify and hold Seller harmless from all loss, damage, claims. suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property. This indemnity shall survive this contract and any termination hereof. Notwithstanding the foregoing, Seller shall be responsible for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. 14. OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO.) 15. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. 16. 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. 17. 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 ill the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 18. 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. 19. ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations, inducements or other 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 REALTOe or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. Page 3 of 4 Buyer Initials 04 _ _ Seller Initials 14F5 LLC A STANDARD FORM 12 - T © 7/2003 ARTIS BRYANT HARDEE II 207 S 12th Street Morehead City, NC 28557 THE eA►�� a:. DATE LLARS + WA+CHOVIAWacia Bank, ACH Rg05300219 dr, _a v 1:0530002191:i054621163067 � _ __... 4