HomeMy WebLinkAbout91-0006_Spain, Frank H. and Dalphies W._19920124C - 1
Pamlico, County
Local Government
ilf
CAMA
MINOR DEVELOPMENT
CONDITIONAL
PERMIT
as authorized by the State of North Carolina, Department of Natural Resources
and Community Development and the Coastal Resources Commission for develop-
ment in an area of environmental concern pursuant to Section 113A-118 of the
General Statutes, "Coastal Area Management."
Issued to H. Frank Spain and wife DalphiesW. _Spain
91-0006
Permit Number
authorizing development in __ Stonewall, N. C. POff SR 1330 at the end of Rice Ave.
on Bay River as requested in the permittee's application dated 12/69/91
This permit, issued on 1124/92 , is subject to compliance with the application and site drawing
(where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these
terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
1. All proposed development and associated construction must be done in accordance
with the permitted workplat drawing as originally submitted.
2. All construction must conform to the N. C. Building Code requirements and all
other Local, State and Federal regulations.
3. Any change or changes in the plans for development, construction, or land use
activities will require a re-evaluation and modification of this permit.
4. The amount of impervious surface areas shall not exceed 30% of the lot area
within the 75' Area of Environmental Concern.
5. Pursuant to 15A NCAC, Subchapter 71 .0406(b), this permit may not be assigned,
transferred, sold or otherwise disposed of to a third -party.
6. A signed statement showing no objection to the placement of the mobile home
must be obtained from the adjacent property owner (R. Rice) before this permit
may be upgraded from conditional to unconditional. '
This permit action may be appealed by the permittee or
other, qualified persons within twenty (20) days of the issuing
date. From the date of an appeal, any work conducted under this
permit must cease until the appeal is resolved.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
Any maintenance work or project modifications not covered
under this permit require further written permit approval.
All work must cease when this permit expires on
December 31, 1995
In issuing this permit it is agreed that this project is consis-
tent with the local Land Use Plan and all applicable ordinances.
This permit may not be transferred to another party without
the written approval of the Division of Coastal Management.
Local Permit Officer (signature)
Claude Spellman
name
P.O.Box 776
address
Bayboro, N. C. 28515
A& &4�uix &
Permittee (signature requ ed if spCcial nditions above apply to permit)
1-1
State of North Carolina
PAMLICO COUNTY BUILDING INSPECTION DEPARTMENT
Post Office Box 776 (919) 745-3861 Bayboro, N.C. 28515-0776
December 31, 1991
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
2. 1?y
H. Frank Spain Re: NOTICE TO EXTEND TIME TO GRANT
Dalphies W. Spain OR DENY CAMA PERMIT (MINOR)
P.O.Box 19
Stonewall, N. C. 28583 PERMIT #91-0006
Dear Mr. and Mrs. Spain:
Pursuant to NCGS 113A-1121(b) the undersigned hereby gives notice to
the applicant that for good cause and in order to properly consider all
information necessary to making a decision on this permit application,
the time period within which a final decision shall be made has been
extended an additional 25 days.
Sincerely yours,
n/ ✓r-
C4��
Joan Spain Leary
Local Permit Officer for receiving
Minor Development Permit
Applications Under CAMA
XC Mariner Realty
David Nobles
Dedicated to Makinn Pamlico County a Safer Community to Live, Work and Play
1-mial Opportunity Affirmative Action Employer
•S -GENERAL INFORMATION
I. LAND OWNER
IT
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51
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Name
H. Frank Spain and wife, Dalphies W. Spain
DEC 10 1991 I11
Address P.O. Box 19 UUL=3kZ7L_'3U U L=7CJ
City Stonewall State N.C. Zip 28583 Phone 745-4397
2. AUTHORIZED AGENT
Name_ Mariner Realty, Inc. c/o Allen Propst
Address P.O. Box 740
City Oriental State N. C. Zip
28571
Phone
249-1014
3. LOCATION/DESCRIPTION OF PROJECT South side of Bay River at the end of Rice Ave. off
SR 1330.
4. AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION
(To be filled in by Local Permit Officer prior to completing application.)
Ocean Hazard
5. PROPOSED USE
Estuarine Shoreline Other
X Residential Commerical/Industrial Other
6. SIZE OF BUILDING IN SQUARE FEET: 980 sq. ft. mobile home and 448 sq. ft. of deck.
7. SIZE OF SITE IN SQUARE FEET:
19,250 sq. ft. lot
This application includes: general information (this
form), a site drawing as described on the back of this
application, the ownership statement, the AEC hazard
notice where necessary, a check for $25.00 made payable
to the locality, and any information as may be pro-
vided orally by the applicant. The details of the applica-
tion as described by these sources are incorporated
without reference in any permit which may be issued.
Deviation from these details will constitute a violation
of any permit. Any person developing in an AEC without
a CAMA permit is subject to civil, criminal and admini-
strative action.
OTHER PERMITS MAY BE REQUIRED...
The activity which you are planning may require permits
other than the CAMA minor permit you are applying for
here. As a service we have compiled a listing of the kinds
of permits which might be required. We suggest that you
check over this list with your Local Permit Officer to
determine which, if any, of these may apply to your
project. This is not a requirement of CAMA, only a sugges-
tion to help you complete your project as quickly as
possible.
This the -2_day of D 6�4kOW ,
19,71_.
Applicant's signature (or authorized agent)
Indicate below address and phone if not shown above.
oL'Tr—t
Zoning, Drinking Water Well, Septic Tank (or other sanitary
waste treatment system), Burning, Electrical, Plumbing,
Heating and Air Conditioning, Insulation and Energy
Conservation, FIA Certification, Sand Dune, Sediment
Control, Subdivision Approval, Mobile Home Park
Approval, Highway Connection, Others:
LOCALITY eC CC'L /1 C^ PERMIT NUMBER
.*'STATEMENT OF OWNERSHIP
I; the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in
an area of environmental concern or a person authorized to act as an agent for purposes of applying for a CAMA
minor development permit, certify that the person listed as landowner on this application has a significant interest
in the real property described therein. This interest can be described as follows: (check one)
X an owner of record title, Title is vested in H. Frank Spain and wife_. Dalphies
W. Spain , see Deed Book 259 , page 779 in the
Pamlico County Registry of Deeds.
an owner by virtue of inheritance. Applicant is an heir to the estate of
; probate was in County.
X_ if other interest, such as written contract or lease, explain below or use a separate sheet
attached to this application.
This application is being made for Richard L. Myers and Candace L. Myers,
who have a contract on this property (see attached contract).
NOTIFICATION OF ADJACENT PROPERTY OWNERS
I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that
I have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for
a CAMA permit.
(Name) (Address)
(1) Lula I. Whitford P.O. Box 62, Ernul, N.C. 28527
(2) Dewey I. Banks Rt. 1 Box 152—A, Merritt, NC 28556
(3)
(4)
FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE SHORELINE EROSION AREAS:
I acknowledge that the land owner is aware that the proposed development is planned for an area which may
be susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the
particular hazard problems associated with this lot. This explanation was accompanied by recommendations
concerning stabilization and flood -proofing techniques.
PERMISSION TO ENTER ON LAND
I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer
and his agents to enter on the aforementioned lands in connection with evaluating information related to this
permit application.
This the. .day of MOB Oj` , 19_q_1_.
Land owner or person authorized to act as his agent
for purposes of filing a CAMA application.
FROM DUKE UNIV HR
OFFER TO PURCHASE AND CONTRACT
Richard L. Myers and Candace 'L. Myers ,a wryer
herebyofferaor, pnrcluncand Dalphias Spain and II. Frank Spain atsefler,
upon acceptance of said offer, agrees to tell and convey, all of that plot, piece or parcel of land described below, togedmr with all ingrrovcn cm,
located thereon and such personal pro)xrty as is listed below (the real and personal property are collectively referred to as "the Pruiwtty'). in
accordance with rise Standard Provisions on the REVERSE SIDE HEREOF and upon the following terms and conditions:
1. REALPROPERTYs Located intire City of ,County of Pamlico
State of North Carolina, being known as and more paniculady dexriled as:
Street Address Rice Ave. off SR 1330 in the Florence area of Pamlico Co. Zip-.
LegalDrscripnien Lot on Bay River as described in Deed Book 259,Page 779 in the Pamlico Co.
2. PERSONALPROPERIY:
3. PURCIIASE PRICE: 11m purchase price is $ 23, 00.00 and shall be paid as folio":
(a) i 1 • 000.0O,i. carrien moray paid by personal ch=k (cash; Lanersonal check)
with the dcliveryofthisconuact,tobeheld inescrowby Sail/Loft_ Realty, Iilc.k, certified, or pIasagou.
until rim sale is closed, at which rinse it will be credited to Buyer, or until this conitacl is oterwise 1—ninmrd and it is
disbursed in accordance with the Srandard Provisions on the REVERSE SIDE I IEREOF;
(b) S—a/a .by amumpliun of the unpaid printipal balance ■nd-fll obligations of Seller on elm existing loan secured by a deed of trust
on the Property; I .-
(c) i rr/a ,by a promissory rote secured by a purchase money deed of trust on the Property with interest prior to default at the rate of
% per annual payable as follows:
Prepayment restrictions and/or penalties, if any, shall be:
Assumption or transfer rights, if any, shall be:
(d) 1 22 , 000.0O.1he balance of ten purchase price in —h at closing.
/. CONDITIONS: (State N/A in each blank of paragh aph 1(a) and 4(b) that is not a condition to this contract.)
(a) The Buyer must be able to obtain a firm commitment on or before n_/ a , clfective through the dme of closing.
foe a n /8 loan In the print ipal amount of 1 n/a for a term of a year(s). at an interest
,are nor to exceed n / A ,e per annual, with mortgage loan diuount points scot to exceed _11L1t_ % of elm loan amount. Buyer agrees to am his best
efforts to secure such commitment and to advise Sesser Immediately upon receipt of the lender& decision. If Seiler b to pay any loan closing coats, those emu
are a follows:- n/a
(b) The Buyer must be able to assume the unpaid principal balance of elm existing loan described In paragraph S(b) shave
Far the remainder of lbe
ban Item, al an intern) rate rout to exceedn a % per annual fixed (or describe type of tom) n/a
with mortgage loan assumption and/or discount points not to exceed n a % of the loan balance. (See Standard Provision No. 2). If such assumption
requires the lenders approval, approval must be granted on or before n / a .Buyer agrees to use his best efforts to
secure such approval and to advise Staler Immediately upon his receipt of the lenders decision. If Scaler is to pay any loan assumption costs, those cosh
see as Folio": n /a
(c) There must be no restriction, easement, aordng or o I governnuntal regulation that would prevent the reasonable use of ten real property for
residential
purposes.
S. ASSESSMENT& Seller warrants that there are no special assessments, either pending or confirmed, for sidewalk, paving, water, sewer or
other improvements on or adjoining tam Property, except as follows: none
(Insert"None' or the identification of such assessments. if any. Tlse agreement
for payment or proration of any assessments indicated is to be set forth in paragraph 6 below.)
6. OTHER PROVISIONS AND CONDITIONS:
(a) All of the Standard Provisions on the REVERSE SIDE IIEREOF are understood and shall apply to this instrument, except ten following numbered
Standard Provisions shall be deleted: (If none are to be deleted, state "None".) 2 • 3 '1
1
(b) Subject to sellers providing the buyers with a septic permit for a 2 bedroom mobile home.
(c) Subject to buyers being able to obtain a CAMA permit allowing a 75'x 14' mobile home
to be placed within 50' and parallel to the shoreline. There must be no conflict with
the placement of the mobile home and the septic system permit. The buyers agent will
assist in obtaining this CAMA permit.
IF TIIERE ARE ANY ADDENDA TO TINS CONTRACT, INDICATE ABOVE AND ATTACII IIEREJO.
7. CLOSING: All parries agree to execute any and all documents and papers necessary In connection with closing and transfer of title on or
before January 25, 1992 ,ataplace designated by_ buyers
The deed is to be made to above named buyers
6. POSSESSION: Possession shall be delivered _eft c oc ing
In the event that Buyer has agreed that possession is not delivered at closing, then Seller agten to pay to Buyer the sum of 3 ° a per day from
and including the date of closing to and including rim date that possession is to be delivered as above set forth.
9. COUNTERPARTS: 'Ibis offer shall become a binding contract when signed by both Buyer and Seller. It is to be signed in 6 (six)
counterparts with a signed counterpart being retained by each party hereto and the escrow agent, if any.
Dateof r, Nove be f 30 1991 Date of Accept cc: 0
Bu�er aV 1 t�f— (SEAL) Seller*a4disburse
t{�,in
CCCCCC '''"��� ���ii Pg l _(SEAL)
y
Buyer e tz.�,. (SEAL) Seller (SEAL)
Can ace yens an
1 hereby acknowledge receipt of the earnest money herein set forth and agree to hrim same in accordance with rise terms hereof.
Date 11/30/91 Firm Sail/).oft Realty. Inc.
113 NimeofSellingAgent/Firm Angie Blayney/Mariner Realty, Inc.
Name of Listing Agent/Firm Judith E. Leigh/Sail/Loft Realty Inc.
Rf Al10Re
This Standard Form has been NORTH CAROLINA BAR ASSOCIATION Standard Form No. 2
approved Jointly by the: NORTH CAROLINA ASSOCIATION OF REALTORS'", INC. Copyright a11987
NOT1 E
i Z .
Pursuant to NCGS 113A-119(b),
0
a locality authorized to issue UM Permits in areas of ddnvirorTental
concern, hereby gives NOTICE that on
�,,,2��, the applicant, proposed to
1 ocated
ication, to cament thereon or to
Persons uv�%;-L, -, ,t, -- - - -
C-Mal the local decision are directed to contact the local permit off icer
at the below address within seven (7) days of this notice.
Minor Development Permits
P. 0. Box 776
Bayboro, NC 28515
Phone: (919) 745-3861
Public Notice
M-5
NMI
AN EQUAL QPPt)RTUNITY Arrlr.hAATIVf ACTION I: tom-OYrft