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HomeMy WebLinkAbout75326_Jean Ostmann_20210121 /liK, CAMA / 1 DREDGE & FILL K-s No. 75326 GENERAL PERMIT - -� A k0� 1D5� Previous permit# Nib "- C D >� ew JModification ❑Complete Reissue ❑Partial Reissue Date previous permit issued Av 4I As authorized by the State of North Carolina,Department of Environmental Quality ,7-f7!/ /2v I` and the Coastal Resources Commission in an area of environmental concern pursuant to I 5A NCAC . 'Rules attached. 1 � Applicant Name �, /l7, �rJ A . Project Location: County 7 c.-7-) I,L , Address 3495' id, /ii A /�?f T"' ._Z , Street Address/State Road/Lot#(s) 3C)S /U . City ,it7 gyp /./ 1.",,. _ State N( ZIP 2 Ar/v AO'4.)/`-11FR Phone#(2c )_/7/ 1 5) E-Mail Subdivisision fir' ! ' ti /71r// v,� Authorized Agent j,�}J (/,/,,-z�� City /Li-'. �c'74 �—�.. ZIP Q Affected Cw ❑EW TA ❑ES ❑PTS Phone# (, 57)47/ O River Basin A-1,--,---'ems-e ❑OEA ❑HHF ❑IH ❑UBA ❑N/A AEC(s): Adj.Wtr. Body // t// e r/L- (nat)nan /unkn) ❑ PWS: ORW: yes / no PNA yes / no Closest Maj.Wtr. Body�J-' Se l''' Type of Project/Activity '( rr n(P o 2L 7'e I-- ,.., ( ) /D 1 / �-� '` (Scale: /.' ) Pier(dock)length (- Fixed Platform(s) / (-__") r Floating Platform(s) , j�.. f K , `� J 1 ' Finger pier(s) I Groin length \ j //D ''.tic- x-r/ �/C�p number +�r T` Bulkhead/Riprap length I '� ,- avg distance offshore 1 ` I V I \. I 1" i max distance offshore i ! 11 1 i Basin,channel `` i I I /-- , \),, cubic yards '(' Boat ramp r 'Th t I L . . ./�l Boathouse/Boatlift I 11 t ,J f 11111 Beach Bulldozing , T { 1 Other ' ' i . Shoreline Length : f i) SAV: not sure yes no Moratorium: n/a es i no i j ,��G•r�r ri Photos: yes no -Z I J e 6� ��S j 5) Waiver Attached: yes Pi D 0 A building permit may be required by: ,,, /i P (.trp I�Q See note on back regarding River Basin rules. (Note Local Planning Jurisdiction) / '-'1 / ` Notes/Special Conditions /V() I C /z (, f Z7 '-'1 v / l-%f% "/ /J// /'- r�/T f\ e I / ) j t if (1 bOTQ , .K.Qvvn,tej ,,-� a I '; Agent or Applicant Printed Name n Permit cer's Pr' ed N �oi .` 6� v Signature **Please read compliance statemen on ack of permit** Signitur ()j am °` - •() / ,2 l - / 20 z/ Application Fee(s) Check# Iss ng Da, �da 5 2 Ex iration Date 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 I)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: 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 Resources. Contact the Division of Water Resources at the Washington Regional Office (252-946-648 I) or the Wilmington Regional Office(910-796-7215)for more information on how to comply with these buffer rules. Division of Coastal Management Offices Morehead City Headquarters Washington District 400 Commerce Ave 943 Washington Square Mall Morehead City, NC 28557 Washington, NC 27889 252-808-2808/ I-888-4RCOAST 252-946-648 I Fax: 252-247-3330 Fax: 252-948-0478 (Serves: Carteret,Craven,Onslow- (Serves: Beaufort, Bertie, Hertford, Hyde, North of New River Inlet-and Pamlico Tyrrell and Washington Counties) Counties) Elizabeth City District Wilmington District 401 S. Griffin St. 127 Cardinal Drive Ext. Ste. 300 Wilmington, NC 28405-3845 Elizabeth City, NC 27909 910-796-7215 252-264-3901 Fax: 910-395-3964 Fax: 252-264-3723 (Serves: Brunswick, New Hanover, (Serves:Camden,Chowan,Currituck, Onslow-South of New River Inlet- Dare,Gates, Pasquotank and Perquimans and Pender Counties) Counties) http://portal.ncdenr.org/web/cm/dcm-home Revised 7/06/17 iCAMA/ ❑DREDGE & FILL No. 75326 GENERAL PERMIT - -\b -- 1401 USCO Previous permit# A11 C D �-—% ❑New ❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued As authorized by the State of North Carolina,Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to I 5A NCAC ID Rules attached. Applicant Name Project Location: County Address Street Address/State Road/Lot#(s) City State ZIP Phone#I ) E-Mail Subdivision Authorized Agent City ZIP Affected ❑CW ❑EW [; PTA ❑ES ❑PTS Phone# ( ) River Basin AEC(s): El0� ElHHF ❑IH III UBA ❑N/A Adj.Wtr. Body (nat /man /unkn) ❑ PWS: ORW: yes / no PNA yes / no Closest Maj.Wtr. Body Type of Project/Activity (Scale: ,' • r"1 ) Pier(dock)length \ Fixed Platform(s) , 1 1 r 1 j Floating Platform(s) 1 ..i i it ,� i ._ I Finger pier(s) s) �tIi I i Groin length , ,f ! ~z:, number _.—�,� T+ �,,.....- ,.. Bulkhead/Riprap length I 1, i l avg distance offshore Ai I (/ } V max distance offshore f i Basin,channel t t i, I cubic yards cY -r- ! i I '1 Boat ramp } 1 !I Boathouse/Boatlift I,r-' 1 i j I - - 1 l --- - 1 Beach Bulldozing l t' Other Shoreline Length i ; 'I ‘-i SAV: not sure yes no `=- " ' '" —_ Moratorium: n/a yes no r I 6 I r? , Photos: yes no i 1 l.� '1.-- f f , i d ( I /4 Waiver Attached: yes no `C""- 1 r, ` d I I A building permit may be required by: - "See note on back regarding River Basin rules. (Note Local Planning Jurisdiction) Notes/Special Conditions e Agent or Applicant Printed Name PermitOfficer's Printed Name Signature **Please read compliance statement on back of permit** Signature Application Fee(s) Check# Issuing Date Expiration Date 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 I)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: H Tar-Pamlico River Basin Buffer Rules i H 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 Resources. Contact the Division of Water Resources at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office(9 I 0-796-7215)for more information on how to comply with these buffer rules. Division of Coastal Management Offices Morehead City Headquarters Washington District 400 Commerce Ave 943 Washington Square Mall Morehead City, NC 28557 Washington, NC 27889 252-808-2808/ I-888-4RCOAST 252-946-6481 Fax: 252-247-3330 Fax: 252-948-0478 (Serves:Carteret,Craven,Onslow- (Serves:Beaufort,Bertie,Hertford,Hyde, North of New River Inlet-and Pamlico Tyrrell and Washington Counties) Counties) Elizabeth City District Wilmington District 401 S. Griffin St. 127 Cardinal Drive Ext. Ste. 300 Wilmington, NC 28405-3845 Elizabeth City, NC 27909 910-796-7215 252-264-390 I Fax: 910-395-3964 Fax: 252-264-3723 (Serves:Brunswick,New Hanover, (Serves:Camden,Chowan,Currituck, Onslow-South of New River Inlet- Dare,Gates,Pasquotank and Perquimans and Pender Counties) Counties) http://portal.ncdenr.org/web/cm/dcm-home Revised 7/06/17 AGENT AUTHORIZATION FORM FOR PERMIT APPLICATIONS Name of Property Owner Applying for Permit: Seq,� £ 14A7 Mailing address: 3 CJS /L`or dji ni4 ie$cl doge 4 A/ Telephone Number: Z Ss/O I certify that I have authorized Bobby Cahoon Construction, Inc (agent/contractor), to act on my behalf, for the purpose of applying and obtaining all �JCAMA permits necessary for the proposed development of Corllr'ele T er/C/Oclk. • at my property located at 3f'S 4,4 ,�tyJ Zar 4/wt. t fieseiget, h c This certification is valid through , 10//70ZZ (date). (Property Owner Information) Signature Print or Type Name Title, co. owner or trustee for property WW7e;z Date 65-Z) - --5771( Telephone Number Email Address CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: Sean Ostmann Address of Property: 305 N. Brightleaf Dr., Minnesott Beach, NC Pamlico Co. (Lot or Street#, Street or Road, City&County) Agent's Name#: Bobby Cahoon Construction, Inc. Mailing Address: 6003 Neuse Road Agent's phone#: 252-249-1617 Grantsboro, NC 28529 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development trey are proposing. A description or drawing,with dimensions, must be provided with this letter. >< I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed,you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at htto;//www.nccoas talmantigement nettweb/cm/staff-listing or by calling 1-888 4RCOAS T. No response Is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15'from my area of riparian access unless waived by me. (If you wish to waive the setback, you must Initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. PropertyrQwner Information) Riparian Property Owner Information) tine ignature an Ostmann by Bobby Cahoon Construction, Inc. Print or Type Name Print or Type Name 305 N. Brightleaf Dr. e126(4 Mailing Address Mailing Address Minnesott Beach, NC 28510 otex. 4 t V t-t- City/State/Zip City/State/Zip 252-671-3540 )Ca- 813 _y/1-1 Telephone Number/Email Address Telephone Number/Email Address 7-16-20 ya--04,)_ Date Date (Revised Aug. 2014) CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: Sean Ostmann Address of Property: 305 N. Brightleaf Dr., Minnesott Beach, NC Pamlico Co. (Lot or Street#, Street or Road, City&County) Agents Name#: Bobby Cahoon Construction, Inc. Mailing Address: 6003 Neuse Road Agent's phone#: 252-249-1617 Grantsboro, NC 28529 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. I have no objections to this I have objections proposal. � coons to this proposal. If you have objections to what is being proposed,you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at http://www.nccoastalmsnadentenbnet/web/cm/staff-listing or by calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified MaiL WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15'from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property w er Information) (Riparian Property�,., pa pe y Owne r ormation) . ,41/ t ature can Ostmann by Bobby Cahoon Construction, Inc. Print or Type Name P nt or Ty4e Name 305 N. Brightleaf Dr. PC. 3 is I it Mailing Address galling Address Minnesott Beach, NC 28510 Rf)ricit11�..* l `]T -).-City/State/Zip City/State/Zi 252-671-3540 ��_<r1-�Sl C, Telephone Number/Email Address Telephone Number/Email Address J 1 7-16-20 ' Date � ��U�L� Dale (Revised Aug. 2014) CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: Sean Ostmann Address of Property: 305 N. Brightleaf Dr., Minnesott Beach, NC Pamlico Co. (Lot or Street#, Street or Road, City&County) Agent's Name#: Bobby Cahoon Construction, Inc. Mailing Address: 6003 Neuse Road Agent's phone#: 252-249-1617 Grantsboro, NC 28529 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing.with dimensions, must be provided with this letter. have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed,you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this s notice. Contact available at http://www.nccoastalmanade netiweb/cm/staff-1 stint or byacalling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15'from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I-- i I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. et: (Pr��rtyNwper Information) ( pari n Property Owner Information) ••ll_J�l 7U ,[S Jw 1.611S irLte A• •ture 0 Si re -an Ostmann by Bobby Cahoon Construction, Inc. Fe4e.,,,.4-c 4 u s/. N� Print or Type Name Print or Type Name 305 N. Brightleaf Dr. /Z, , , ; T- c- Mailing Address Mailing Address Minnesott Beach, NC 28510 .7:,�0-f l City/State/Zip City/State/Zip 252-671-3540 VI `c �. Telephone Number/Email Address Telephone Number/Email Address 7-16-20 /i f �c Dale Date (Revised Aug 20f4) Prepared by/Return to: Sara L. Delamar, Delamar&Delamar,PLLC,Attorneys at Law, P.O.Box 411,Bayboro,N.C. 28515 N.C.Excise Tax-$190.00 NORTH CAROLINA GENERAL WARRANTY DEED PAMLICO COUNTY This deed,made and entered into this 1-' day of j, ,2020,by and between Joseph Zambito and wife Camille Zambito and Jeffrey Ferriola and wife Alison Ferriola,hereinafter referred to as"Grantor";and Francis Ostmann and wife Vicky Ostmann, hereinafter referred to as"Grantee". Grantor's mailing address is 7402 Encampment Road, Landsdale,PA 19446. Grantee's mailing address is 121 Egret Court,Hampstead,NC 28443. WITNESSETH: That said Grantor, for and in consideration of valuable consideration paid to Grantor,the receipt of which is hereby acknowledged,does grant, bargain,sell and convey unto the Grantee in fee simple all that certain tract or parcel of land lying and being in Number Five(5)Township, Pamlico County,North Carolina,and more particularly described as follows: Being Lot No.205, Phase 1,of the subdivision known as Arlington Place as shown on that certain plat or map entitled "Arlington Place, Phase 1,Township 5, Minnesott Beach,Pamlico County,North Carolina", prepared by Herbert J. Nobles,Jr.,Professional Land Surveyor,dated October 2,2006 and duly recorded in Plat Cabinet A,Slide 153, Pages 17 through 20 and Slide 154, Pages 1 through 8,of the Public Registry of Pamlico County, North Carolina. The property described above was acquired by Grantor by instrument recorded in Book 488,Page 351,Pamlico County Registry. To have and hold the aforesaid tract or parcel of land and all privileges thereunto belonging in fee simple forever. And Grantor covenants with Grantee that Grantor is seized of the premises in fee simple, has the right to conveythe same in fee simple, un le thatti tle title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever,except for the exceptions hereinafter stated. Title to the property described above is subject to 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. The designation Grantor and Grantee as used herein shall include the parties hereto,their heirs, successors, assigns and legal and/or personal representatives. In Testimony Whereof, said Grantors have hereunto set their hands and seals,the day and year first written above. (SEAL) (SEAL) Jos:\.h . ille Zambito If marked or initialed,the property includes the primary residence of at least one of the Grantors, otherwise,note as N/A. (per NC GS § 105-317.2) CJz-k v N County, NOP-TR CA.tpt,cu I certify that the following persons personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Joseph Zambito and wife Camille Zambito. Date: I / ao a.a "ION D. /y ''•y ?,ixcz __azfg17ec--- • . Official Signature of Notwy Notary Public s C PeAttt; n T IteG NotaryPublic Printed Name '°ti,,•• COUx'": iu.vw►N•° Notary Seal or Stamp Must Appear In Above Box My commission expires: '010.)5 (SEAL) _______6?_:_ SEAL) Je er riola '� Alison Ferriola If marked or initialed,the property includes the primary residence of at least one of the Grantors,otherwise,note as N/A.(per NC GS § 105-317.2) M %t t '°'Y County,Pennsylvania I certify that the following persons personally appeared before me this day,each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Jeffrey Ferriola and wife Alison Ferriola. Date: �`^rY In; Za 2° e*---- , I, Commonwealth of Permsylvania-Noary Seal David Jr,►�y�ic Montgomery County Official Si.: , ,e ofNotary My Commission Expires September 23,20:3 Notary Public Cow Number 1279960 Notary Public Printed Name Notary Seal or Stamp Must My commission expires: * z-i% ?025 Appear In Above Box SEAN OSTMANN 305 N. BRIGHTLEAF DR. MINNESOTT BEACH, NC DESCRIPTION We propose to install a new concrete pier consisting of a 5' wide x 80' long walkway connecting to a 5' wide x 10' long platform. Drawing by Bobby Cahoon Construction for: Sean Ostmann 305 N Brightleaf Dr. Arlington Place Proposed Concrete Pier 5' x 80' Walkway over land/marsh a 0 0 O o 0 5' x 10' Platform 9"x 25' —`_--� 6 End Pilings 8"x 20' 8"x 16' to extend 4' E fJ Pilings Pilings above decking s I � I This drawing is the sole property of Bobby Cahoon Construction Inc. a) w and is not intended for use by any other entity. a) U I PAMLICO COUNTY 2020 REQUESTED BY PMLAURENM RUN 6/29/20 TIME 9:04:08 PAGE 1 LOT 206 & 207 OSTMANN SEAN M ET UX OSTMANN SEAN M ET UX PARCEL: F09-33-206 MILL CREEK SUB 305 N BRIGHTLEAF DR 305 N BRIGHTLEAF DR 644652723700 PCA 172-2 PG 10 MINNESOTT BEACH NC 28510 MINNESOTT BEACH NC 28510 305 N BRIGHTLEAF DR Current ID#: 30553 Jan.1 ID#: 30553 Bldg No. 1 Exemption Code: LAND VALUE Appraiser: SEW SUM LND ACRES: 1.510 MISC VALUE 101,9730 0 Appr Date: 3/25/2019 DEED ACRES: 1.510 BLDG VALUE 262,731 Imp Desc : 01 RES-SINGLE FAMILY MAP ACRES: 1.507 IMP VALUE 262,731 Grade : C+ AVERAGE QUALITY TOTAL VALUE 364,704 Act Yr Bt: 2018 VALUED BY RCNLD METHOD Effect Yr: PRIOR YEAR 304,293 Stories 1.00 Rooms : 8 APPRAISER MIC Bedrooms : 3 APPR DATE 7/17/2019 Bathrooms: 3.0 1/2 Baths: USE CODE 4 DIRT PRIVATE EXT WALL 02 BRZCK VENEERING DISTRICT 123 MINNESOTT BEACH FOUNDATION BR BRICK NBHD 5002 FUEL E ELECTRIC PARCEL EXEMPTION CODE HEAT & AIR 14 CENTRAL HEAT & AIR FINISHED AREA 2,049.00 ROOF COVER 01 COMPOSITE SHINGLE RCN 194,616 ROOF TYPE 01 GABLE QG RCN 210,185 DEPR AV .00 ADD PHYS DEPR FUNC OBS ECON OBS LOCAT OBS BUILDING 262,731 PROPERTY NOTES: BOOK PAGE DATE QS SALES PRICE CMB w/ F09-33-207. 000624 000329 4/11/2017 A DEED TYPE: CMB 000624 000329 4/11/2017 85,000 DEED TYPE: WD PERMIT NO TYPE DATE AMOUNT BLDG CODE DESC UNITS EYB DT PCT ADD.DEPR PCT VALUE EXEMPTION MODS .00 .00 .00 .00 .00 REC LUSE DESC EXEMPT FRONTAGE DEPTH UNITS ACRES PRICE ADJUSTMENTS VALUE 1 AC 25 CANAL WF 1.000 1.000 200,000.00 SZ OT 100,000 2 AC 22 BLDG SITE RESIDUAL .510 .510 2,000.00 SZ 1,973 F09-33-206 305 N BRIGHTLEAF DR PAMLICO COUNTY 2020 F09-33-206 PAGE 2 +-4-+ F 4 6 E 1 +----12---+ 2 + 13----3 6 • + 29+• • + • 3 • 3 .• • •• 3 •• 5 • • • • • +4C+A 23 + + 4 G D 5 •• +4-B • • +----13----+ • 2 18 + 2 2 2 • • • • + 23 + G= AC 100 ATTACHED FIN GARAGE D= AC 106 OPEN MASONRY PORCH E= AC 109 MASONRY SCREEN PORCH F= AC 110 STOOP C= AC 110 STOOP A= MA 01 RES-SNG FAMILY B= MA 01 RES-SNG FAMILY PAMLICO COUNTY LAND RECORDS-PROPERTY RECORD CARD e 1 v. r� !. ry�rt' *- :' :44 ' {u ' 'A -l.�re1' r - Yr . t, `•F - i1y_ �.°�. _ f- t 4 414 +r P� a v., fit' r :.' •t om 1 . k ate' . ffl: -.; - ; - r - , . , e ` at . t. - Mk •0 * „4„, 4 , . J• 4 1. 4 YlR •J �y� ♦' ski •[ f � � ` 3 w. ` a�r. 31� 1 r e " �,,,,,,, ..;.wk., a 1 k 4p n W • ,.4 s s 4\ ♦ e '. i, ,,, ,.. _, •• S_ .sr w V. �}';°�'IP AK. a., M s e ^{r k. _ 1. �, ! }1,' . r� �� ,{1� R a 5' ram,,: • •h•. , „� �'• .ye r t !• �. ,fir t . 1( - /- } M t 1 r • r t�` ti?4 • RR , ,..,,,,,,,,,- Web Map Pm:644652723700 MAP:6446 OWNER ADDR 305 N DEED_YR:20170411 MAPID:F09-33-206 BLOCK:52 BRIGHTLEAF DR DBEDEoox:000624 . i rJ CALACREs: 1.507428 LOT:72 OWNER CITY:MINNESOTT DEEDPAOE:329 ACRES: 1.51 oWNER_xAI►E:OSTMANN BEACH 3ALEDATT3:4/1 I/2017 Scale_ 1: 1200 7.•_N t _ ACCOUNT:30553 SEAN M ET UX OWNER STATE:NC SALE_ADrr:85000 • �� o NAME:OSTMANN OWNTRe ZIP:28510 ov Not intended for legal ute. 1 STATE OF NORTH CAROLINA COUNTY OF PAMLICO EASEMENT AGREEMENT (Arlington Place Phase I—Mill Creek) THIS EASEMENT AGREEMENT, hereinafter referred to as the "Agreement", made and entered into this the 17 day of November , 20 20 , by and between BURTON FARM DEVELOPMENT COMPANY, LLC, a North Carolina limited liability company, ("Grantor") and Sean M. Ostmann & Marigrace B. Ostmann , ("Grantee"). All references herein to Grantor and Grantee shall include the named parties and their heirs, or successors, and assigns, and the singular shall include the plural number and the masculine the feminine or neuter gender, all as applicable. WITNESSETH : 'WHEREAS, Grantee is the owner of Lot 206 as shown on that plat of Arlington Place Phase I recorded in Plat Cabinet A, Slides 153, images 17-20 and 154. images 1-8 Pamlico County Registry ("Grantee's Lot"); and WHEREAS, Grantor is the owner of the strip of property hereinafter described as the Easement Area; which lies between the boundary of Grantee's Lot and the normal water level of Mill Creek and is part of a conservation zone established by Grantor, and WHEREAS, Grantee desires to construct and use a dock on Mill Creek and an accessway to such dock, and Grantor desires to grant to Grantee (i) an easement across the Easement Area to Mill Creek for such construction and use and (ii) limited riparian rights in the Easement Area so that Grantee may obtain an easement for state-owned lands covered by navigable waters to construct the dock. NOW, THEREFORE, the Grantor hereby grants to Grantee a perpetual, appurtenant easement for the purposes hereinafter stated (the"Easement") over and upon the strip of property lying between the boundary of Grantee's Lot and the normal water level of Mill Creek, the same being in Minnesott Township, Pamlico County,North Carolina, and more particularly described as follows(the"Easement Area"): BEING that area bounded by(i)the rear(waterfront)property line of Grantee's Lot, which line runs more or less parallel to the normal water level of Mill Creek, (ii) the normal water level of Mill Creek, and (iii)the riparian projection lines extending from the rear corners at the side lines of Grantee's Lot to the normal water level of Mill Creek as shown on the plat of Grantee's Lot attached hereto as Exhibit A and incorporated herein by reference. I. The Easement is appurtenant to and runs with the Grantee's Lot. 2. Grantee is hereby granted the non-exclusive perpetual right and easement of ingress and regress over and upon the Easement Area so that Grantee shall have access from Grantee's Lot to Mill Creek for the purpose of constructing and using a dock over the State- owned lands covered by the navigable waters of Mill Creek and an accessway to the dock over the Easement Area, and includes Grantor's riparian rights as necessary for those purposes. 3. The rights granted hereby shall be limited to the rights to construct, maintain, repair and replace the dock and accessway in compliance with, and in a design and at a location approved by Grantor according to, the Master Declaration of Covenants, Conditions, Restrictions and Easements for Arlington Place recorded at Book 481, Page 375, Pamlico County Registry as amended and supplemented (the "Master Declaration") and any regulations and restrictions duly adopted pursuant to the Master Declaration. 2 4. Grantee shall not exercise any rights granted by this Easement in any areas outside the Easement Area without first obtaining a modification of this Easement. 5. The exercise of rights under the Easement shall be contingent upon Grantee obtaining all necessary permits and authorizations and complying with all applicable federal, state, municipal and other laws, codes, ordinances, rules and regulations applicable to the Easement. Grantee shall not make or permit any unlawful use of the Easement or the Easement Area. 6. The Grantee shall at all times maintain the dock and accessway constructed pursuant to this Easement in a good condition and state of repair. In the event Grantee fails to maintain or repair the dock or accessway, the Declarant may, after providing notice and complying with applicable procedures specified in the Master Declaration, go upon the Easement Area and perform such maintenance and/or repair or remove the dock or accessway, all at the expense of Grantee. 7. In no event shall the dock or accessway be located closer than fifteen (15) feet to the side lines, i.e. the riparian projection lines, of the Easement Area extending to the normal water line as shown on Exhibit A. 8. Nothing contained in this Agreement shall be construed to prohibit Grantor from granting other persons rights of use in the Easement Area provided such use is not inconsistent with the rights and uses granted to Grantee hereunder. 9. Grantor and Grantee agree that if Grantee shall fail to comply with the conditions and requirements hereof and shall fail to cure such noncompliance within 60 days after written 3 10. Upon each transfer of Grantee's Lot subsequent to the date of this Agreement, the grantor party shall give Grantee written notification of such transfer of title by certified mail at the above address. Such notification shall include: (1) A copy of the title transfer document (2) The name(s) of the subsequent owner(s) of the Grantee's Lot (3) The mailing address(es)of such subsequent owner(s) 11. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage prepaid and addressed as follows: Grantor: Burton Farm Development Company,LLC c/o Boddie-Noell Enterprises, Inc. P. 0.Box 1908 Rocky Mount,NC 27802 Attention: . v� . 1_ . -ti\-1---(A c�` Grantee: ) A 9 % t. r i�rw<.,�. 3bS . rJ �' . ,'� 1 1 ‘� ' .7 n < Nothing herein contained shall preclude the giving of such notice by personal service. The address to which notices shall be mailed as aforesaid to either party may be changed by written notice 12. This Agreement shall become effective only upon recordation in the Office of Register of Deeds for Pamlico County. Grantee shall mail a copy of the recorded Easement to Grantor at the address set forth in Paragraph 11. 4 12. This Agreement shall become effective only upon recordation in the Office of Register of Deeds for Pamlico County. Grantee shall mail a copy of the recorded Easement to Grantor at the address set forth in Paragraph 11. 13. Failure by Grantor to require strict compliance with any term or condition of this Agreement shall not be construed as a waiver of Grantor's right to enforce compliance with such term or condition or any other term or condition contained herein. 14. Grantee, by acceptance of this Agreement, agrees to comply with and be bound by all terms and conditions set forth herein. IN TESTIMONY WHEREOF, Grantor and Grantee have caused this instrument to be executed in the manner required by law. BURTON FARM DEVELOPMENT COMPANY,LLC By Boddie-Noell Enterprises, Inc., on behalf of its Management Committee By:. 9:9--Gt GRANT E: (Add acknowledgments.) 5 IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of the day and year below described. BURTON FARM DEVELOPMENT COMPANY, LLC, a North Carolina limited liability company BY: BODDIE-NOELL ENTERPRISES, INC. A Member acting on behalf of the Management Committee of Burton Farm Development Company,P p y, LLC • By: ��-� [ ism c- SEAL) Dougl E. Anderson, Exec. Vice President STATE OF NORTH CAROLINA COUNTY OF tI'zrhi�r',�, I, G Y-/On �i�'Q�� , a Notary Public for the aforesaid County and State, do hereby certify that Douglas E. Anderson,personally appeared before me this day, and acknowledged that he is the Executive Vice President of Boddie-Noell Enterprises, Inc., a North Carolina corporation, a Member acting on behalf of the Management Committee of Burton Farm Development Company, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the Company in its capacity as Member of the Management Committee of the said Burton Farm Development Company, LLC, he executed the foregoing instrument for the u oses therein expressed purposes for and on behalf of the said Boddie-Noell Enterprises, Inc., acting on behalf of the Management Committee of Burton Farm Development Company, LLC. Witness my hand and official seal,this 2`7 day of Ucitita2�3�/ ,20 e�O. Notary Public My Commission expires: J/472/D2 Ur.,2, ,",,,,,,,,""',► elsoN D. Eye I��T ARj 6 , .17 n` '0(/B l\G ''•.�,,��1�N'co'i ' �.••' GRANTEE: By: (SEAL) Name: .S e c-k/i N't . C:=,,4-nn r\r‘ Title: 5WY\ STATE OF NORTH CAROLINA COUNTY OF -Parr, L,cc, I, 1 2'� �-or1 14 Gct. , a Notary Public for said County and State, do hereby certify that Sea,., Al. c7s anr, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witnessi ial®p seal,this the ?q day of jtj jiJl't A- > L moo `` Y ,20,EciT Aft V. • % a t1 �' 1L�, '� Notary Public (OffiaC$ea,k1U6 l�G : a - •' Printed Name a,N� My Commissialt //Tres: • 7 2299745v3.0 ROY COOPER Governor MICHAEL S. REGAN secretary Coastal Management BRAXTON DAVIS ENVIRONMENTAL QUALITY Dii eclur BUFFER AUTHORIZATION CERTIFICATE FOR PIER AND DOCKING FACILITIES ACCESS WAY A riparian buffer authorization is required for pier and docking facilities access ways through the Tar-Pamlico & Neuse River Riparian buffer per Division of Water Resources (DWR) regulations 15A NCAC 02B.0233 & .0259. The Division of Coastal Management(DCM), through a Memorandum of Understanding with the Division of Water Resources (DWR) has reviewed your project proposal and has determined that the project as proposed complies with the aforementioned regulations. Those activities covered by your Coastal Area Management Act (CAMA) permit have received Buffer Authorization provided the project is constructed in a manner that continues to meet all of the conditions listed below. Failure to comply with this Buffer Authorization may subject the property owner and the party (contractor) performing the construction and/or land clearing to a civil penalty by DWR of up to $25,000 per day per violation. i. Crossing is Perpendicular: Pier and docking facility access way must cross the 50 ft. riparian buffer perpendicularly(which is defined as between 75 and 105 degrees) unless otherwise approved by DCM. The alignment shall minimize the removal of woody vegetation to the greatest extent practicable. 2. Pervious Materials:All reasonable measures shall be taken to ensure the access way is made of pervious materials like open-slatted wood or composite, mulch, or grass to meet the intent of the rules to the maximum extent practicable. 3. Access Width:The width of the pier or docking facility access way shall be limited to six (6) feet. 4. Project Drawing: The drawing on the CAMA General Permit is considered the project drawing of your property indicating the relative location of the pier or docking facility and any requested access way. This drawing will be used to aid in compliance and monitoring efforts. • Pre-project site conditions: By your signature below you agree to be held responsible for meeting all of the conditions listed ab e and verify that all information provided is complete and accurate. Delo aroj., k-ek n Agent or Applicant Printed N e Pertnit fficer'sature Agent or Applicant Signature Issue Date CAMA GENERAL PERMIT#: 753-2 6 '3 State of North Carolina I Environmental Quality I Coastal Management Washington Office 1943 Washington Square Mall Washington.NC 27889 252-946-6481 Wilmington Office 1127 Cardinal Drive Ext.Wilmington,NC 28405-3845 1910-796-7215 Morehead City Office 1400 Commerce Avenue Morehead City.NC 28557 1252-808-2808