Loading...
HomeMy WebLinkAboutSC_11-13_ Carolina Issued by WiRO SC 11-13 Surf City Permit Number CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Environment, and Natural Resources and the Coastal Resources Commission for development in an area of environment concern pursuant to Section 113A-118 of the General Statutes,"Coastal Area Management" Issued to Carolina Forest Developers, LLC, authorizing development in the Ocean Hazard (AEC) at 304, 306, 308 and 310 Mandalay Court, in Surf City, Pender County as requested in the permittee's application, dated August 11, 2011, and received by DCM on August 19, 2011. This permit, issued on September 16, 2011, 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. This permit authorizes:The construction of four(4)duplex units with associated grading,filling and landscaping. (1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s), revised August 10,2011,and received by DCM on August 19, 2011. (2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations, applicable local ordinances and FEMA Flood 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) A copy of this permit shall be posted or available on site. Contact this office at (910) 766-7221 for a final inspection at completion of work. RECEIVED (Additional Permit Conditions on Page 2) SEP 2 2011 • 9 NC 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 i 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 Jason Dail modification not covered under this permit, require further written permit C A LOCAL PERMIT OFFICIAL approval.All work must cease when this permit expires on: 127 Cardinal Drive Extension April 16th,2015 Wilmington, NC 284045 In issuing this permit it is agreed that this project is consistent with the local Land Ott t C Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal PERMITTEE Management. (Signature required if conditions above apply to permit) Name: Carolina Forest Developers, LLC Minor Permit#SC11.13 Date: September 16, 2011 Page 2 (5) All structure(s) must set back a minimum of 60 feet from the first line of stable natural vegetation, as determined by the DCM,the LPO,or other assigned agent of the DCM. (6) The permittee is required to contact the Local Permit Officer (910) 796-7221, shortly before he plans to begin construction to arrange a setback measurement that will be effective for sixty (60) days barring a major shoreline change. Construction must begin within sixty(60) days of the determination or the measurement is void and must be redone. (7) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective sedimentation and erosion control measures. Disturbed areas shall be vegetatatively stabilized (planted and mulched)within 14 days of construction completion. (8) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two years of the time when it becomes imminently threatened, and in any case upon its collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes place within two years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under CRC rules. SIGNATURE: / "'ti DATE: c- ' - l , PERMITTEE • NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Dee Freeman Secretary September 16, 2011 Carolina Forest Developers, LLC do Michael G. Tuton PO Box 1066 Jacksonville, NC 28541 Dear Mr. Tuton: Attached is CAMA Minor Development Permit# SC 11-13, for work to be done at 304, 306, 308 and 310 Mandalay Court in Surf City, Pender County. In order to validate this permit, please sign both copies of the permit as indicated. Please retain the gold copy for your files and sign front and back pages of the white copy then return to us within 20 days of receipt, in the enclosed, self-addressed envelope. This is not a valid permit until it is signed and returned to our office. Thank you for your prompt attention to this matter. Sincerely, Shaun K. Simpson .J Permit Support Technician Enclosures cc: WiRO files 127 Cardinal Drive Ext.,Wilmington,NC 28405 One Phone:910-796-72151 FAX:910-395-3964 Internet:www.nccoastalmanagement.net North.Carolina An Equal Opportunity 1 Affirmative Action Employer Naturally /ek2 C� / (�,J / OTHER PERMITS MAY BE REQUIRED:The activity you are planning may require permits other than the CAMA Locality `J t/ v` i y Permit Number ` / —/ minor development permit,including,but not limited to:Drinking Water Well,Septic Tank(or other sanitary waste treatment system),Building,Electrical,Plumbing,Heating and Air Conditioning,Insulation and Energy Conservation,FIA Ocean Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline Other Certification,Sand Dune,Sediment Control,Subdivision Approval,Mobile Home Park Approval,Highway Connection,and (For official use only) others.Check with your Local Permit Officer for more information. GENERALINFORMATION STATEMENT OF OWNERSHIP: I,the undersigned,an applicant for a CAMA minor development permit,being either the owner of property in an AEC or a LAND OWNER person authorized to act as an agent for purposes of applying for a CAMA minor development permit,certify that the person Name Carolina Forest Developers,LLC-Michael G.Tuton listed as landowner on this application has a significant interest in the real property described therein.This interest can be described as:(check one) Address P.O.Box 1066 City Jacksonville10 577-1441 flan owner or record title,Title is vested in ,see Deed Book State NC Zip 28641 Phone t9 ) page in the County Registry of Deeds. Email Elan owner by virtue of ihj itance.Applicant is an heir to the estate of • AUTHORIZED AGENT probate was in County. Name Parker&Associates,Inc. f other interest,such a(written contractor lease,explain below or use a separate sheet&attach to this application. SEE Address 306 New Bridge Street ATtfletF 1 1bW71tAGr NOTIFICATION OF ADJACENT PROPERTY OWNERS: City Jacksonville State NC Zip 28540 Phone (910)455-2414 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. Entail paitext@bizec.rr.com (Name) (Address) (l) Frank Majewski 101 Kelso Court;Cary,NC 27511 LOCATION OF PROJECT:(Address,street name and/or directions to site.If not oceanfront,what is the name of the adjacent waterbody.)308&310 Mandalay Court at Mandalay Bay (2) Julianne M.LeFevre 1901 Chestnut Grove Road:Knoxville,TN 37932 (3) DESCRIPTION OF PROJECT:(List all proposed construction and land disturbance.) Single Family Duplex (4) SIZE OFLOT/PARCEL: 64,961.66 square feet 1.49 acres ACKNOWLEDGEMENTS: I,the undersigned,acknowledge that the land owner is aware that the proposed development is planned for an area which PROPOSED USE:Residential Q (Single-family 0 Multi-family❑) Commercial/Industrial❑ Other 0 may be susceptible to erosion and/or flooding.I acknowledge that the Local Permit Officer has explained to me the particu- lar hazard problems associated with this lot.This explanation was accompanied by recommendations concerning stabiliza- COMPLETE EITHER(1)OR(2)BELOW(Contact your Local Permit Micer if you are not sure which AEC applies tion and floodproofing techniques. to your property): I furthermore certify that I am authorized to grant,and do in fact grant,permission to Division of Coastal Management staff, (1)OCEAN HAZARD AECs:TOTAL FLOOR AREA OF PROPOSED STRUCTURE:1600 square feet(includes the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information air conditioned living space,parking elevated above ground level,non-conditioned space elevated above ground level but related to this permit application. excluding non-load-bearing attic space) .r (2)COASTAL SHORELINE AECs:SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT This the �rl i� day of ,20 1 UPON SURFACES:0 square feet(includes the area of the roof/drip line of all buildings,driveways,covered decks, ip ` concrete or masonry patios,etc.that are within the applicable AEC.Attach your calculations with the project drawing.) I SEK I4tr4C14gv ACCOIL,�Ain P Landowner or person authorized to as his/her agent for purpose of filing a CAMA permit application STATE STORMWATER MANAGEMENT PERMIT:Is the project located in an area subject to a State Stormwater Management Permit issued by the NC Division of Water Quality? This application includes:general information(this form),a site drawing as described on the back of this application,the YES 1 7 1 NC= ownership statement the Ocean Hazard AEC Notice where necessary,a check for$10000 made payable to the locality,and 1787 r Permit any information as may be provided orally by the applicant The details of the application as described by these sources are If yes,list the total built upon area/impervious surface allowed for your lot or parcel: Per Pe square feet. incorporated without reference in any permit which may be issued Deviation from these details will constitute a violation of RECEIVED it Any person developing in an AEC without permit is subject to civil,criminal and administrative action. AUG 19 2011 DCM WILMINGTON, NC (..._.- � 5c /!-i3 S� cIIHER PE TS MAY BE REQUIRED:The activity you are planning may require permits other than the CAMA Locality / v' 2 Permit NumberldY {m�mor development permit,including,but not limited to:Drinking Water Well,Septic Tank(or other sanitary waste acr treatment system),Building,Electrical,Plumbing,Heating and Air Conditioning,Insulation and Energy Conservation,FIA Ocean Hazard Estuarine Shoreline ORW Shore ins Public Trust Shoreline Other Certification,Sand Dune,Sediment Control,Subdivision Approval,Mobile Home Park Approval,Highway Connection,and (For official use only) others.Check with your Local Permit Officer for more information. t:F.IVRReI.INFORM4TION STATEMENT OF OWNERSHIP: I,the undersigned,an applicant for a CAMA minor development permit,being either the owner of property in an AEC or a LAND OWNER person authorized to act as an agent for purposes of applying for a CAMA minor development permit,certify that the person Name Carolina Forest Developers,LLC•Michael G.Tuton listed as landowner on this application has a significant interest in the real property described therein.This interest can be described as:(check one) Address P.O.Box 1066 Earl owner or record title,Title is vested in ,see Deed Book City Jadrecnvll a State NC Zip 28541 Phone (910)577-1441 page in the County Registry of Deeds. Email Flan owner by virtue of inheritance.Applicant is an heir to the estate of , AUTHORIZED AGENT probate was in County. Name Parker&Associates,Inc. ✓j f other interest,such aspritten contractor lease,explain below or use a separate sheet&attach to this application. Address 306 New Bridge Street 'SEE ATTAcHE', (O^rrkl cT NOTIFICATION OF ADJACENT PROPERTY OWNERS: City Jacksonville State NC Zip 29540 Phone (910)455-2414 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. Entail paitext©bizec.rr.com (Name) (Address) 0) Frank Majewski 101 Kelso Court;Cary,NC 27511 LOCATION OF PROJECT:(Address,street name and/or directions to site.If not oceanfront,what is the name of the adjacent waterbody.)304&306 Mandalay Court at Mandalay Bay (2) Julianne M.LeFevre 1901 Chestnut Grove Road;Knoxville,TN 37932 (3) DESCRIPTION OF PROJECT:(List all proposed construction and land disturbance.) Single Family Duplex (4) SIZE OF LOT/PARCEL: 64,961.66 square feet 1.49 acres ACKNOWLEDGEMENTS: I,the undersigned,acknowledge that the land owner is aware that the proposed development is planned for an area which PROPOSED USE:Residential Q (Single-family 0 Multi-family 0) Commercial/Industrial p Other C may be susceptible to erosion and/or flooding.I acknowledge that the Local Permit Officer has explained to me the particu- lar hazard problems associated with this lot.This explanation was accompanied by recommendations concerning stabiliza- COMPLETE EITHER(1)OR(2)BELOW(Contact your Local Permit Officer if you the not sure which AEC applies tion and floodproofing techniques. to your property): I furthermore certify that I am authorized to grant,and do in fact grant,permission to Division of Coastal Management staff, (1)OCEAN HAZARD AECs:TOTAL FLOOR AREA OF PROPOSED STRUCTURE:1600 square feet(includes the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information air conditioned living space,parking elevated above ground level,non-conditioned space elevated above ground level but related to this permit application. excluding non-load-bearing attic space) (2)COASTAL SHORELINE AECs:SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT This the ��0 day of /p/� ,20 it UPON SURFACES:0 square feet(includes the area of the roof/drip line of all buildings,driveways,covered decks, .... concrete or masonry patios,etc.that are within the applicable AEC.Attach your calculations with the project drawing.) L S6�A nAelleb RC(oltd r►i a Landowner or person authorized to act s/her agent for purpose of filing a CAMA permit application STATE STORMWATER MANAGEMENT PERMIT:Is the project located in an area subject to a State Stormwater Management Permit issued by the NC Division of Water Quality? This application includes:general information(this form),a site drawing as described on the back of this application,the YES NCI I ownership statement the Ocean Hazard AEC Notice where necessary,a check for$10000 made payable to the locality,and 1787 r rtn any information as may be provided orally by the applicant The details of the application as described by these sources are If yes,list the total built upon area/impervious surface allowed for your lot or parcel: Per Pe feet „rporated without reference in any permit which maybe issued Deviation from these details will constitute a violation of �®.v" f�iviypermit Any person developing in anAEC without permit is subject to civil criminal and administrative action AUG 19 2011 DCM WILMINGTON, NC Site rlondoloy Flood House Staking Data Crt Line 30.00' x 40.00' Nc I4wy 210 5' O/S Left-5.00' B 16, r levdbure 5' 0/5 Right-5.00' 9e'5 Diagonal-50.00' - ,0 TOP°Orl Drrvs For Detailed Tie g to NC Hwy 210, See Frank Ma jewski ,S s►wr rive M.B. 38, Pg. 115 D.B. 1760, Pg. 46 Vicinity Sketch _ -1 N47.42'08"w Not to Scale . Flood Zone FP Flood Zone AE _ VE EL. 11 I I N EL. II N47'42'08"W 20.00' —I 7.5'MBL N47'42'08"W 20.00' I cl"oak0— -� Building 20'O" Wood 6'0" 20'O" Connection\ Walkway Building qp cp Connection c o Unit5 - Unit6 Per M.B. 38, Pg. 115 Plan "Mandalay Bay 6'0" Per M.B. 38, Pg. 115 Plan "Mandalay Bay 20' Unit" 20' Unit" 2 Story 20IN. .0'x48.0' 20.0'x48.0' n) Including Deck 4 Including Deck 6 547'51'07"E 20.00' a 547'51'07"E 20.00' Temporary Holding w w Pond 4 ( F & m z .. o o N m N 0 u3 O o o ? Units, Buildings E q g ic;w w Boundary data f n taken from M.B. 38, Pg. 115. $u Improveents, o m street, drive, trees a o l E l e t f,, taken from approved %%‘ CM O',_ site plan for Mandalay �%%Q.•, ••.•.. �� '.� Bay furnished O,•• FESS/Q' �2k. by owner. I 20'O" 20'0" �'�.1 Ii i. House Dimensions SEAL shown are per co Open m a Open m L-2884 foundation plan) o Deck p o Deck C II OQ� ) :: provided by owner. (Pervious Paving (Pervious Paving .0 Ve•• : — 4 under deck) under deck) 0,,0,••'''••••.••'iv Units will be Flood Zone 947'42'08"E 20.00' 547.42'08"E 20.00' ,gill 111 ) r�` in Flood Zone EL.E 11 ' • ♦ I VE, Elev. 11.0 Q w m • q Per FIRM CPN# co 14' ill._ co 14, ill." wm 8l1111 370186 4245 J, c__ Feb. 16, 2007 Pervious Pervious E ,o Rock Parking a Rock Parkingt. See record plat in �' Area Area M.B. 38, Pg. 115 for 241 SF E 236 SF r'•) the normal high water w �egend: line, 75' AEC, and 30' coastal shore line buffer. — , RECEIVEP;- — Clean Out These units are not within Flood - Deed Book any of these areas. Zone M.B. - Map Book AE AUG 1 9 2011 MBL - Minimum Zone-MU r..1 EL. 11 r•-) Building Weight: 42'± Building Line Unit Area (5E6) - 1600 SF P`) 308 * 310 Mandalay Court WiLMINGTOr CPS Mandalay Court /� - Right-ervice NO RECORD SEARCH DONE BY ass - Sewer Service OR FURNISHED TO SURVEYOR IN REGARD TO ZONING. SETBACKS, Variable Width wm - Water Meter EASEMENTS OR RESTRICTIONS. Drainaae * Utility Easement ws - Water Service Legend: House Staking Data - 30.00' x 48.00' o Site M da1ay oco - Clean Out 5' O/S Left-5.00' �'�eS NC Hwy 210 D.B. - Deed Book 5' 0/S Right-5.00' - d Meckiediw,e M.B. - MapBook Diagonal-56.60 Ave Q MEL - Minimum Building Line ��5. Top,a;; Drive 1 Pg. - Page Frank MOjewski T. SF - Square Feet D.B. 1760, Pg. 46 Shore Drive 0 ss - Sewer Service wm - Water Meter For Detailed Tie ws - Water Service to NC 1-Iwy 210, See Vicinity Sketch M.B. 38, Pg. 115 Not to Scale Units will be in Flood Zone 1 N47'42'08"1,4 VE, Elev. 11.0 — 8"oak I I — Per FIRM CPN# , Qo 4"cedar I Co 370186 4245 J, 6 oak i 8„ook 6"oak 24"oak'a Feb. 16, 2007ilk 0Building 8"pine 7.5'MBL Connection N47'51'07"W 20 •0' — 47 'OS"W 20.00 1 Zone - MU 20'0" Wood 6'0" 20'0„ Building 1-leight: 42'± Walkway Unit Area (344) - 1600 SF Building co Connection O IS Unit 3 - 61011 Unit 4 Unit, Layout Q Boundary Per M.B. 38, Pg. 115 Per M.B. 38, Pg. 115 --1 data taken from Plan "Mandalay Bay Plan "Mandalay Bay M.B. 38, Pg. 115 20' Unit" 20' Unit" 2 Story 2 Story Improvements, street, 20.0'x48 0' 20.0'x48 0' drive, trees taken from Including Deck Including Deck approved site plan for 547'51'07"E 20.00' 547'51'07"E 20.00' Mandalay Bay furnished by owner. 0 tb o O O K.) N House Dimensions shown0 are per foundation plan m c A o provided by owner. w w .. p w 0 See record plat in I m Y o - rn M.B. 38, Pg. 115 for the $ m normal high water line 75' AEC, and 30' coastal p o 0 o_ shore line buffer. These units are not within any of these areas. (-)\ (POOJ 20'0" 20'0" .0;0 Ci�oiti co Open co co Open co `,•••� .....•••••\ /�11 ( Deck o o_ Deck o 0"'�FeSS/D .,.2'- = (Pervious Paving (Pervious Paving Z. `_,-�q y�\9 \ under deck) under deck) ----SEAL - 547'51'07"E 20.00' 547'42108"E 20.00' 1'4,0 p,= � Owm 14' - ��\'.., S�Rv i •co co FD % Pervious Pervious 4101811410- Rock Parking E Rock Parking E / Area ►n Area 226 SF 236 SF •�li ,___ w / (1 304 4 306 Mandalay Court \ Mandalay Court Variable Width NO RECORD SEARCH DONE BY [ v.-) AUG 1 9 2011 Drainage 4 Utility OR FURNISHED TO SURVEYOR IN Easement REGARD TO ZONING. SETBACKS Per M-B- 38. Pa. 115 .00EAN 11,4ZARD AEC NOTICc Project is in an: Ocean Erodible Area X High Hazard Flood Area Inlet Hazard Area Property Owner: 141-1n1-0- t5tveLdPwiesf 4104 - I41 chic 41. ruw Property Address: 3o4430te ,o SocA Palo NIANIm m buaT Date Lot Was Platted: SA-$r 10, 2a,r5 This notice is intended to make you,the applicant,aware of the SPECIAL NOTE: This hazard notice is required for special risks and conditions associated with development in this development in areas subject to sudden and massive storms and area,which is subject to natural hazards such as storms,erosion erosion. Permits issued for development in this area expire on and currents The rules of the Coastal Resources Commission December 31 of the third year following the year in which the require that you receive an AEC Hazard Notice and permit was issued Shortly before work begins on the project acknowledge that notice in writing before a permit for site,the Local Pciuiit Officer must be contacted to determine the development can be issued. vegetation Line and setback distance at your site. If the property has seen little change since the time of permit issuance, and the The Commission's rules on building standards, oceanfront proposed development can still meet the setback requirement, setbacks and dune alterations are designed to minimize,but not the LPO will inform you that you may begin work Substantial eliminate, property loss from hazards. By granting permits, the progress on the project must be made within 60 days of this Coastal Resources Commission does not guarantee the safety of setback determination,or the setback must be remeasured.Also, the development and assumes no liability for future damage to the occurrence of a major shoreline change as the result of a the development Permits issued in the Ocean Hazard Area of storm within the 60-day period will necessitate remeasurement Environmental Concern include the condition that structures be of the setback. It is important that you check with the LPO relocated or dismantled if they become imminently threatened before the permit expires for official approval to continue the Mir by changes in shoreline configuration. The structure(s) must be work after the permit has expired. Generally, if foundation relocated or dismantled within two (2) years of becoming pilings have been placed and substantial progress is continuing, imminently threatened, and in any case upon its collapse or permit renewal can be authorized. It is unlawful to continue subsidence. work after permit expiration The best available information,as accepted by the Coastal For more information,contact: Resources Commission, indicates that the annual long-term average ocean yrosion rate for the area where your property is located is feet pet year. Local Permit Officer The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. NC C'V. OF COASTAL MANAGEMENT S eJ,i also indicate that the shoreline could move as much as � � « E ► . 4:1 feet landward in a major storm. �'IGTON, N ' '0S — — al The flood waters in a major storm are predicted to be about :c r) feet deep in this area Locality Preferred oceanfront protection measures are beach nourishment 's r�/1 and relocation of threatened structures. Hard erosion control ("!to f structures such as bulkheads,seawalls,revetments,groins,jetties Phone Number and breakwaters are prohibited. Temporary sand bags may be authorized under certain conditions. The applicant must acknowledge this information and E requirements by signing this notice in the space below Without , W the proper signature,the application will not be complete. u6t a./ „id"- 6130/11 Property Owner Signatu' Date Dc IVI W t l J�tS Revised May 2010 BEFORE YOU BUILD Setting Back fov Safety: A Guide to Wise Development Along the Oceanfront When you build along the oceanfront,you take a calculated risk The Reasons Natural forces of water and wind collide with tons of force,even The beachfront is an ever-changing landform. The beach and on calm days. the dunes are natural"shock absorbers,"taking the beating of the wind and waves and protecting the inland areas. By Man-made structures cannot be guaranteed to survive the force incorporating building setbacks into the regulations, you have a of a hurricane Long-term erosion (ot barner island migration) good chance of enjoying the full life of the structure At first_it may take from two to ten feet of the beach each year, and, seems very inviting to build your dream house as close to the sooner or later,will threaten oceanfront structures. These are the beach as possible,but in five years you could find the dream has facts of hfe for oceanfront property owners become a nightmare as high tides and storm tides threaten your investment The Coastal Resources Commission(CRC)has adopted rules foi building along the oceanfront The rules are intended to avoid an The Exception unreasonable risk to life and property, and to limit public and The Coastal Resources Commission recognized that these rules, private losses from storm and long-term erosion These rules initially passed in June 1979, might prove a hardship for some lessen but do not eliminate the element of risk in oceanfront property owners. Therefore, they established an exception for development. lots that cannot meet the setback requirement The exception allows buildings in front of the current setback, if the following As you consider building along the oceanfront, the CRC wants conditions apply' you to understand the rules and the risks. With this knowledge, you can make a more informed decision about where and how to 1) the lot must have been platted as of June 1, 1979,and is build in the coastal area not capable of being enlarged by combining with adjoining land under the same ownership, The Rules 2) development must be constructed as fai back on the When you build along the oceanfront, coastal management rules property as possible and in no case less than 60 feet require that the structure be sited to fit safely into the beach landward of the vegetation line; environment. 3) no development can take place on the frontal dune, 4) special construction standards on piling depth and Structures along the oceanfront, less than 5,000 square feet in square footage must be met,and size, must he behind the frontal dune, landward of the crest of 5) all other CAMA, state and local regulations must be the primary dune, and set back from the first line of stable met natural vegetation a distance equal to 30 times the annual erosion rate (a minimum of 60 feet). The setback calculation The exception Is not available in the Inlet Hazard Area. increases as the size of the structure increases [15A NCAC 7H.0306(a)(2)]. For example: A structure between 5,000 and To determine eligibility for the exception the Local Permit 10,000 square feet would require a setback from the first line of Officer will make these measurements and observations: stable, natural vegetation to a distance equal to 60 tunes the annual erosion rate (a minimum of 120 feet). The graduated required setback from vegetation line setback continues to increase through structure sizes greater than 100,000 square feet. exception setback(maximum feasible) rear property line setback qua Et) max. allowable square footage on lowest floor AUG 3 0 2011 C,;M �t •PRUttRMiT STRt3t'; RI UUAIJEQUATt.S TRACX r14. f'LitMII rED 1 STRUCTURE PRE STORM SEAT ,7(4,1c .ti ADEQUATE � f POST-STORM 'MACH PROF Mi- SETBAC#E " `v • -� OI t S t.AP.AFT-FIRST MOUSE/ACM CRtr'Lbi i After the storm, the house on the dune will be gone. The other house has a much better chance of survival Ci?-k . 2e /, u AFFIDAVIT OF PUBLICATION STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER CAMA MINOR PERMIT NOTICE Before the undersigned,a Notary Public of Said County and State, Pursuant to NCGS 113A-119(b), the North Carolina Division of Coastal Management, an agency authorized to issue CAMA permits in areas of Keith Raffone environmental concern, hereby gives NOTICE that on August 19, 2011 Carolina Forest Developers, Who,being duly sworn or affirmed,according to the law,says that he/she is LLC applied for a CAMA permit to construct one(1) duplex residential • awe !rig a I I., an. one Controller at 308 & 310 Mandalay Ct., adja- Controller cent to Stump Sound, in Surf.City, Pender County,The application may be inspected at the address below. of THE STAR-NEWS, a corporation organized and doing business under the Laws of the State of PubSep- ic comments tember 16,2011 will considered. North Carolina,and publishing a newspaper known as STAR-NEWS in the City of Wilmington Later comments will be accepted and considered up to the time of permit decision. Project modifica- CAMA MINOR PERMIT NOTICE Pursuant to NCGS 113A-119b,the North Carolina Division tions may occur based on further of Management,Coastal Mana t an agency to issueCAMA permits in areas of review and comments. Notice of g enc y authorized the permit decision in this matter environmental concern,hereby gives NOTICE that on August 19,2011 Carolina Forest will be provided upon written re- quest. Developers, L Jason Dail,Field Representative Division of Coastal Management 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Phone:(910)796-7221 was inserted in the aforesaid newspaper in space,and on dates as follows: 9/1 lx And at the time of such publication Star-News was a newspaper meeting all the requirements and qualifications prescribed by Sec.No. 1-597 G.S.of N.C. Title: Controller worn or affirmed to,and subscribed before me this (2-t11 `` Qf 1Cj'CO'''�.,,�'''' ,A.D., aO I( Q�(l�i 46,,, In Testimony Whereof,I have hereunto set my hand and affixed rri(q fic0611lRle da) i 1 year aforesaid. Nota�,PAlic My commission expires day of , 20 MY COMMASO' M14cu12 Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by the Court that the said publication was duly and properly made and that the summons has been duly and legally served on the defendant(s). This day of Clerk of Superior Court MAIL TO: CAMA MINOR PERMIT NOTICE Pursuant to NCGS 113A-119(b), the North Carolina Division of Coastal Management, an agency authorized to issue CAMA permits in areas of environmental concern, hereby gives NOTICE that on August 19, 2011 Carolina Forest Developers, LLC applied for a CAMA permit to construct one (1) duplex residential dwelling at , 34 &i6, and one (1) at 308 & 310 Mandalay Ct., adjacent to Stump Sound, in Surf City, Pender County. The application may be inspected at the address below. Public comments received by September 16, 2011 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Jason Dail Field Representative Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: (910) 796-7221 Av7A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary August 29, 2011 Wilmington.classified@starnews online.corn 2 Pages • Star News Legal Advertisement Section Post Office Box 840 Wilmington,North Carolina 28402 Re: Carolina Forest Developers, LLC—Michael G. Tuton Minor Public Notice Kyle: Please publish the attached Notice in the Thursday, September 1, 2011 issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit of the published notice to Melissa Sabastian, 400 Commerce Avenue, Morehead City, N.C. 28557 (252) 808-2808. Please send the original invoice and a copy of the affidavit for payment to Shaun Simpson at Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a fax of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, l. Shaun�I n Permit Support e ician Enclosure cc: File Copy Michele Walker DCM 127 Cardinal Drive Ext.,Wilmington,NC 28405 One Phone:910-796-72151 FAX:910-395-3964 Internet:www.nccoastalmanagement.net North/j CJ/aroliilia An Equal Opportunity 1 Affirmative Action Employer Naturally () r / 11 CAMA PERMIT APPLIED FOR PROJECT: Applicant proposes to construct one ( 1 ) duplex residential dwelling at 304 & 306 , and one ( 1 ) at 308 & 310 Mandalay Ct. , adjacent to Stump Sound , in Surf City, Pender County. COMMENTS ACCEPTED THROUGH September 16, 2011 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Parker & Associates • 306 New Bridge St. 127 Cardinal Dr. Ext. Jacksonville, NC 28540 Wilmington, NC 28405 Jason Dail 910-796-7221 OFFER TO PURCHASE AND CONTRACT-VACANT LOT/LAND [Consult "Guidelines"(form 12G)for guidance in completing this form] NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not have immediate plans to subdivide. It should not be used to sell property that is being subdivided unless the property has been platted. properly approved and recorded with the register of deeds as of the date of the contract. 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—New Construction (Form 800-T) or, if the construction is completed, use the Offer to Purchase and Contract (Form 2-T) with the New Construction Addendum (Form 2A3-T). For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terms(together the "Contract"). 1. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Seller": Fletcher B.& Amye M. Baker, Jr. , Timothy H. & Hiromi P. Baker (b) "Buyer": , Carolina Forest Developers, LLC (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon. Street Address: 304, 306, 308, 310 Mandalay Ct. City: Surf City Zip: 28445 County: Pender ,North Carolina (NOTE: Governmental authority over taxes,zoning,school districts. utilities and mail delivery may differ from address shown.) Legal Description: (Complete ALL applicable) Plat Reference: Lot/Unit , Block/Section , Subdivision/Condominium ,as shown on Plat Book/Slide at Page(s) The P1N/PID or other identification number of the Property is: Other description: L3, L4, L5, L6 Mandalay Bay Some or all of the Property may be described in Deed Book 3906 at Page 297 (d) "Purchase Price": $ 120,000.00 paid in U.S. Dollars upon the following terms: $ BY DUE DILIGENCE FEE made payable to Seller by the Effective Date. $ BY INITIAL EARNEST MONEY DEPOSIT made payable to Escrow Agent named in Paragraph 1(f) ❑ with this offer OR 0 delivered within five (5) days of the Effective Date of this Contract by ❑ cash ❑ personal check ❑ official bank check ❑ wire transfer. $ BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable to Escrow Agent named in Paragraph 1(f) by cash or immediately available funds such as official bank check or wire transfer to be delivered to Escrow Agent no later than TIME BEING OF THE ESSENCE with regard to said date. $ 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(Standard Form 2A6-T). $ 120,000.00 BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5-T). $ BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan). Should Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by their due dates, or should any check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall have one (1) banking day after written notice to deliver good funds to the payee. In the event Buyer does not timely deliver good funds. Seller shall have the right to terminate this Contract upon written notice to Buyer. Page 1 of 9 pThis form jointly approved by: A STANDARD FORM 12-T North Carolina Bar Associ ion Revised 7/2011 North Carolina Associa ' n of REALTORS®, Inc. MALH005a1C 7/2011 REACTOR`- (( OPPORTUNITY Buyer initials 4\� Seller initials rf `li � b mry UG 1 9 2011 Treasure Realty PO Bon 389Sneads Fem'.NC 28460 Phone(910)358-4708 Fan (910)327-2035 mandalay bay- Fletcher Baker Produced with zipForm®by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 www.7iLLoaix corn CM WILMINGTON, NC • ' D (e) "Earnest Money Deposit": The Initial Earnest Money Deposit, the Additional Earnest Money Deposit and any other earnest monies paid in connection with this transaction, hereinafter collectively referred to as "Earnest Money Deposit", shall be deposited and held in escrow by Escrow Agent until Closing, 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) a condition of any resulting contract is not satisfied, then the Earnest Money Deposit shall be refunded to Buyer. In the event of breach of this Contract by Seller, the Earnest Money Deposit shall be refunded to Buyer upon Buyer's request,but such return shall not affect any other remedies available to Buyer for such breach. In the event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller upon Seller's request as liquidated damages and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 2(c) and 2(d) for damage to the Property or Seller's right to retain the Due Diligence Fee. It is acknowledged by the parties that payment of the Earnest Money Deposit to Seller in the event of a breach of this Contract by Buyer is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment of the Earnest Money Deposit to Seller shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss,both parties acknowledging the difficulty determining Seller's actual damages for such breach. If legal proceedings are brought by Buyer or Seller against the other to recover the Earnest Money Deposit, the prevailing party in the proceeding shall be entitled to recover from the non-prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. (f) "Escrow Agent"(insert name): n/a (NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow, a licensed real estate broker ("Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain the Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker is holding the Earnest Money Deposit, the Broker may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A-12.) THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE THE EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (g) "Effective Date": The date that: (I)the last one of Buyer and Seller has signed or initialed this offer or the final counteroffer,if any,and(2)such signing or initialing is communicated to the party making the offer or counteroffer,as the case may be. (h) "Due Diligence": Buyer's opportunity during the Due Diligence Period to investigate the Property and the transaction contemplated by this Contract, including but not necessarily limited to the matters described in Paragraph 2 below,to decide whether Buyer,in Buyer's sole discretion,will proceed with or terminate the transaction. (i) "Due Diligence Fee": A negotiated amount, if any, paid by Buyer to Seller with this Contract for Buyer's right to conduct Due Diligence during the Due Diligence Period. It shall be the property of Seller upon the Effective Date and shall be a credit to Buyer at Closing. The Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seller, or if this Contract is terminated under Paragraph 6(1)or Paragraph 9, or as otherwise provided in any addendum hereto. Buyer and Seller each expressly waive any right that they may have to deny the right to conduct Due Diligence or to assert any defense as to the enforceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee, it being the intent of the parties to create a legally binding contract for the purchase and sale of the Property without regard to the existence or amount of any Due Diligence Fee. (j) "Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. on August 12, 2011 TIME BEING OF THE ESSENCE with regard to said date. (k) "Settlement": The proper execution and delivery to the settlement agent of all documents necessary to complete the transaction contemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyance documents, and the settlement agent's receipt of all funds necessary to complete such transaction. (I) "Settlement Date":The parties agree that Settlement will take place on August 30, 2011 (the"Settlement Date"), unless otherwise agreed in writing,at a time and place designated by Buyer. RECEIVED AUG 19 2011 Page 2 of 9 ACt�r airELrvtok'�E/�yT N, STANDARDFORM12-T Buyer initials trot^ Seller initials r(��{(� � j T Revised 7/2011 O 7/2011 Produced with zipForm®by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 www.zioLoaix.coal rnandalal'bac- (m) "Closing": The legal process which results in the transfer of title to the Property from Seller to Buyer. Closing includes the following steps: (1) the Settlement (defined above); (2) the completion of a satisfactory title update to the Property following the Settlement; (3) the settlement agent's receipt of authorization to disburse all necessary funds; and (4) recordation in the appropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon as reasonably possible for the settlement agent after Settlement. Upon such recordation of the deed(s)and deed(s)of trust, if any, Closing shall be deemed completed and the proceeds of sale shall be disbursed by the settlement agent in accordance with the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. If the title update should reveal unexpected liens, encumbrances or other title defects,or if the settlement agent is not authorized to disburse all necessary funds, then the Closing shall be suspended and the Settlement deemed delayed under Paragraph 10(Delay in Settlement/Closing). (n) "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes and recurring governmental service fees levided with such taxes, or by an owners' association in addition to any regular assessment(dues), either of which may be a lien against the Property.A Special Assessment may be either proposed or confirmed. "Proposed Special Assessment": A Special Assessment that is under formal consideration but which has not been approved prior to Settlement. "Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether or not it is fully payable at time of Settlement. 2. BUYER'S DUE DILIGENCE PROCESS: (a) Loan: During the Due Diligence Period, Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval of the Loan if any. (NOTE: Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction since the Loan is not a condition of the Contract.) (b) Property Investigation: During the Due Diligence Period, Buyer or Buyer's agents or representatives, at Buyer's expense, shall be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of the Property as Buyer deems appropriate,including but NOT limited to the following: (i) Soil, Utilities And Environmental: Reports to determine whether the soil is suitable for Buyer's intended use and whether there is any environmental contamination, law, rule or regulation that may prohibit, restrict or limit Buyer's intended use. (ii) Septic/Sewer System: Any applicable investigation(s) to determine: (1) the condition of an existing sewage system, (2) the costs and expenses to install a sewage system approved by an existing Improvement Permit, (3) the availability and expense to connect to a public or community sewer system, and/or (4) whether an Improvement Permit or written evaluation may be obtained from the County Health Department for a suitable ground absorption sewage system. (iii) Water: Any applicable investigation(s)to determine: (1)the condition of an existing private drinking water well, (2)the costs and expenses to install a private drinking water well approved by an existing Construction Permit, (3) the availability, costs and expenses to connect to a public or community water system, or a shared private well, and/or (4) whether a Construction Permit may be obtained from the County Health Department for a private drinking water well. (iv) Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws,Articles of Incorporation,Rules and Regulations, and other governing documents of any applicable owners' association and/or subdivision. If the Property is subject to regulation by an owners' association, it is recommended that Buyer review the completed Owners' Association Disclosure And Addendum(Standard Form 2A 12-T)provided by Seller prior to signing this offer. (v) Appraisals:An appraisal of the Property. (vi) Survey: A survey to determine whether the property is suitable for Buyer's intended use and the location of easements, setbacks,property boundaries and other issues which may or may not constitute title defects. (vii) Zoning and Governmental Regulation: Investigation of current or proposed zoning or other governmental regulation that may affect Buyer's intended use of the Property, adjacent land uses, planned or proposed road construction, and school attendance zones. (viii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase flood insurance in order to obtain the Loan. RECEJv , AUG 19L. :9 Page 3 of M WlLM°►�lr. . .. Div i�C; STANDARD FORM 12-T /� Revised 7/2011 Buyer initials 4 / Seller initials • 70 ,/,1 ®7/20l 1 Produced with zipFormill by zipLogix 18070 Fifteen Mile Road,Fraser.Michigan 48026 upy.,jpJ ono,rQm mandalay bay- (c) Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the Property resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage caused by accepted practices applicable to any N.C. licensed professional performing reasonable appraisals,tests,surveys,examinations and inspections of the Property.This repair obligation shall survive any tennination of this Contract. (d) Indemnity: 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 except 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. This indemnity shall survive this Contract and any termination hereof. (e) Buyer's Right to Terminate: Buyer shall have the right to terminate this Contract for any reason or no reason, by delivering to Seller written notice of termination (the "Termination Notice") during the Due Diligence Period (or any agreed-upon written extension of the Due Diligence Period), TIME BEING OF THE ESSENCE.If Buyer timely delivers the Termination Notice,this Contract shall be terminated and the Earnest Money Deposit shall be refunded to Buyer. WARNING: If Buyer is not satisfied with the results or progress of Buyer's Due Diligence, Buyer should terminate this Contract, prior to the expiration of the Due Diligence Period, unless Buyer can obtain a written extension from Seller. SELLER IS NOT OBLIGATED TO GRANT AN EXTENSION.Althought Buyer may continue to investigate the Property following the expiration of the Due Diligence Period, Buyer's failure to deliver a Tennination Notice to Seller prior to the expiration of the Due Diligence Period shall constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyer's Due Diligence. Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Sellers fails to materially comply with any of Seller's obligations under paragraph 6 of this Contract or for any other reason permitted under the terms of this Contract or North Carolina law. (f) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 3. BUYER REPRESENTATIONS: (a) Loan: Buyer ❑ does pia does not have to obtain a new loan in order to purchase the Property. If Buyer is obtaining a new loan,Buyer intends to obtain a loan as follows: ❑ Conventional ❑ Other: n/a loan at a ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of n/a for a term of n/a year(s),at an initial interest rate not to exceed n/a %per annum(the"Loan"). NOTE: Buyer's obligations under this Contract are not conditioned upon obtaining or closing any loan. If Buyer represents that Buyer does not have to obtain a new loan in order to purchase the Property, Seller is advised, prior to signing this offer, to obtain documentation from Buyer which demonstrates that Buyer will be able to close on the Property without the necessity of obtaining a new loan. (b) Other Property: Buyer❑ does 12] does not have to sell or lease other real property in order to qualify for a new loan or to complete purchase. (NOTE: If Buyer does have to sell, Buyer and Seller should consider including a Contingent Sale Addendum (Standard Form 2A2-T)with this offer.) (c) Performance of Buyer's Financial Obligations: To the best of Buyer's knowledge, there are no other circumstances or conditions existing as of the date of this offer that would prohibit Buyer from performing Buyer's financial obligations in accordance with this Contract,except as may be specifically set forth herein. 4. BUYER OBLIGATIONS: (a) Owners' Association Fees/Charges: Buyer shall pay any fees required for confirming account payment information on owners'association dues or assessments for payment or proration and any charge made by the owners'association in connection with the disposition of the Property to Buyer, including any transfer and/or document fee imposed by the owners'association. Buyer shall not be responsible for fees incurred by Seller in completing the Owners' Association Disclosure and Addendum (Standard Form 2A 12-T). (b) Responsibility for Proposed Special Assessments: Buyer shall take title subject t . ardp end Special Assessments. AUG 19 L., 1 Page 4 of 9 31 ANDARU FORM 12-T y 9 � /; Revised 7/2011 Buyer initials ` Seller initials O 7/2011 Produced with zipForroD by zpLogix 18070 Fifteen Mile Road.Fraser.Michigan 48026 YAM.7jyy Q"ir rn(Q mandalay bay- (c) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to any loan obtained by Buyer, appraisal, title search, title insurance, recording the deed and for preparation and recording of all instruments required to secure the balance of the Purchase Price unpaid at Settlement. 5. SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seller: ❑ has owned the Property for at least one year. ® has owned the Property for less than one year. ❑ does not yet own the Property. (b) Assessments: To the best of Seller's knowledge there are no Proposed Special Assessments except as follows (Insert "None"or the identification of such assessments,if any): none Seller warrants that there are no Confirmed Special Assessments except as follows (Insert "None" or the identification of such assessments, if any): none (c) Owners' Association(s)and Dues: To best of Seller's knowledge,ownership of the Property ❑ subjects El does not subject Buyer to regulation by one or more owners' association(s) and governing documents, which impose various mandatory covenants, conditions and restrictions upon the Property and Buyer's enjoyment thereof, including but not limited to obligations to pay regular assessments (dues) and Special Assessments. If there is an owners' association, then an Owners' Association Disclosure and Addendum (Standard Form 2AI2-T) shall be completed by Seller, at Seller's expense, and must be attached as an addendum to this Contract. (d) Sewage System Permit: ( ❑ Applicable 12 Not Applicable) Seller warrants that the sewage system described in the Improvement Pennit attached hereto has been installed, which representation survives Closing, but makes no further representations as to the system. (e) Private Drinking Water Well Permit: ( Applicable 10 Not Applicable) Seller warrants that a private drinking water well has been installed,which representation survives Closing, but makes no further representations as to the well. (If well installed after July 1,2008,attach Improvement Permit hereto. 6. SELLER OBLIGATIONS: (a) Evidence of Title: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date, 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, leases, 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. (b) Access to Property/Walk-Through Inspection: Seller shall provide reasonable access to the Property (including working, existing utilities) through the earlier of Closing or possession by Buyer, including, but not limited to, allowing the Buyer an opportunity to conduct a final walk-through inspection of the Property. To the extent applicable, Seller shall also be responsible for timely clearing that portion of the Property required by the County to perform tests, inspections and/or evaluations to determine the suitability of the Property for a sewage system and/or private drinking water well. (c) Removal of Seller's Property: Seller shall remove, by the date possession is made available to Buyer, all personal property which is not a part of the purchase and all garbage and debris from the Property. (d) Affidavit and Indemnification Agreement: Seller shall furnish at Settlement an affidavit and indemnification agreement in fonn satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has performed or furnished labor, services, materials or rental equipment as described in N.C.G.S. §44A-8 to the Property within 120 days prior to the date of Settlement verifying that each such person or entity has been paid in full and agreeing to indemnify Buyer, Buyer's lender(s) and Buyer's title insurer against all loss from any cause or claim arising therefrom. (e) Payment and Satisfaction of Liens: All deeds of trust, deferred ad valorem taxes, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. Page5of9 15TAjYD,�IZD FORM 12-T eg ktevised 7/2011 Buyer initials Pt- Seller initials � 07/2011 L°f eN, NC �Produced with zipForn by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 �yv r,I nfl,r� mandalay bay- (f) Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property at Settlement unless otherwise stated herein, which shall convey fee simple marketable and insurable title, free of all encumbrances and defects which would be revealed by a current and accurate survey of the Property; except: ad valorem taxes for the current year(prorated through the date of Settlement); 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 in writing. The Property must have legal access to a public right of way. NOTE: Buyer's failure to terminate this Contract prior to the expiration of the Due Diligence Period as a result of any encumbrance or defect that is or would have been revealed by a title examination of the Property or a current and accurate survey shall not relieve Seller of any obligation under this subparagraph. NOTE: If any sale of the Property may be a "short sale," consideration should be given to attaching a Short Sale Addendum (Standard Form 2A14-T)as an addendum to this Contract. (g) Deed, Excise Taxes: shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this Contract, and for state and county excise taxes required by law.The deed is to be made to: Carolina Forest Developers, LLC (h) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement$ n/a toward any of Buyer's expenses associated with the purchase of the Property,less any portion disapproved by Buyer's lender. NOTE: Examples of Buyer's expenses associated with the purchase of the Property include, but are not limited to, discount points, loan origination fees, appraisal fees, attorney's fees, inspection fees, and "pre-paids" (taxes, insurance, owners' association dues, etc.). (i) Payment of Confirmed Special Assessments: Seller shall pay all Confirmed Special Assessments, if any, provided that the amount thereof can be reasonably determined or estimated. (j) Late Listing Penalties: All property tax late listing penalties,if any,shall be paid by Seller. (k) Owners' Association Disclosure and Addendum (Standard Form 2Al2-T): If applicable, Seller shall provide the completed Owners'Association Disclosure and Addendum to Buyer on or before the Effective Date. (I) Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Seller's obligations under this Paragraph 6 or Seller materially breaches this Contract, and Buyer elects to termmate this Contract as a result of such failure or breach, then the Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to Buyer the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence without affecting any other remedies. If legal proceedings are brought by Buyer against the Seller to recover the Earnest Money Deposit, the Due Diligence Fee and/or the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence, the prevailing party in the proceeding shall be entitled to recover from the non-prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. 7. PROBATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated through the date of Settlement and either adjusted between the parties or paid at Settlement: (a) Taxes on Real Property: Ad valorem taxes and recurring governmental service fees levied with such taxes on real property shall be prorated on a calendar year basis; (b) Rents: Rents,if any,for the Property; (c) Dues:Owners'association regular assessments(dues)and other like charges. 8. CONDITION OF PROPERTY AT CLOSING: 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. 9. 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 Property are destroyed or materially damaged prior to Closing, Buyer may terminate this Contract by written notice delivered to Seller or Seller's agent and the Earnest Money Deposit and any Due Diligence Fee shall be refunded 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 Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property being purchased. Seller is advised not to cancel existing insurance on the Property until after confirming recordation of the deed. 10. DELAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent modification thereto, if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in good faith and with reasonable diligence to proceed to Settlement ("Delaying Party"), and if the other party is ready, willing and able to complete Settlement on the Settlement Date("Non-Delaying Party")then the Delaying Party shall give as much notice as possible to the Non-Delaying Party and settlement agent and shall be entitled to a delay in Settlement. If the parties fail to complete Settlement and Closing within fourteen (14) days of the Settlement Date, or to further extend the Settlement Date by written agreement, then the Delaying Party shall be in breach and the Non-Delaying Party may terminate this Contract and shall be entitled to enforce any remedies available to such party under this Contract for the breach. Page 6 of 9 RECl"r�►l1'�► , '_" rQRM 12-T � �r3 'evil7/2011 Buyer initialsAl" © 7 2011 /�" Seller initials Ace.f�/ AUG 1 9 2011 Produced with zipForm®by zipLogix 18070 Fifteen Mile Road,Fraser.Michigan 48026 yetegygthaix,gza mandalay bay- JC1Vi WILMINGTON, NC 11. POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing. No alterations, excavations, tree or vegetation removal or other such activities may be done before possession is delivered. 12. OTHER PROVISIONS AND CONDITIONS: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HERETO. NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT CONDITIONS OR CONTINGENCIES TO THIS CONTRACT. ❑ Additional Provisions Addendum(Form 2A11-T) ❑ Loan Assumption Addendum(Form 2A6-T) ❑ Back-Up Contract Addendum(Form 2A 1-T) ❑ Owners'Association Disclosure And Addendum(Form 2A 12-T) ❑ Contingent Sale Addendum(Form 2A2-T) ® Seller Financing Addendum(Form 2A5-T) ❑ Short Sale Addendum (Form 2A14-T) 10 OTHER: All parties acknowledge that Tim Baker and Fletcher Baker, Jr. are licensed real estate brokers in NC. 13. ASSIGNMENTS: This Contract may not be assigned without the written consent of all parties except in connection with a tax- deferred exchange,but if assigned by agreement,then this Contract shall be binding on the assignee and assignee's heirs and successors. 14. TAX-DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax-deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non-exchanging party shall not assume any additional liability with respect to such tax-deferred exchange.Buyer and Seller shall execute such additional documents, including assignment of this Contract in connection therewith, at no cost to the non-exchanging party, as shall be required to give effect to this provision. 15. PARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective 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. 16. 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. 17. 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 REALTOR® or broker and Seller or Buyer as contained in any listing agreement,buyer agency agreement,or any other agency agreement between them. 18. NOTICE: Any notice or communication to be given to a party herein may be given to the party or to such party's agent. Any written notice or communication in connection with the transaction contemplated by this Contract may be given to a party or a party's agent by sending or transmitting it to any mailing address, e-mail address or fax number set forth in the "Notice Information" section below. Seller and Buyer agree that the "Notice Information" and "Escrow Acknowledgment" sections below shall not constitute a material part of this Contract, and that the addition or modification of any information therein shall not constitute a rejection of an offer or the creation of a counteroffer. 19. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and the same instrument,and the parties adopt as their seals the word"SEAL"beside their signatures below. 20. COMPUTATION OF DAYS: Unless otherwise provided, for purposes of this Contract, the term "days" shall mean consecutive calendar days, including Saturdays, Sundays,and holidays,whether federal, state, local or religious. For the purposes of calculating days, the count of"days"shall begin on the day following the day upon which any act or notice as provided in this Contract was required to be performed or made. RECZ® 19 2011 AUG Page 7 of nCRA wi1MINGTON, NC STANDARD FORM 12-T C.t. • © Revised 7/2011 Buyer initials kn (A!/ Seller initials. 3 . i` �J / ©7/2011 Produced with zipForm®by zipLogix 18070 Fifteen Mile Road.Fraser,Michigan 48026 www zioLooix.corn mandalay bay- • THE NORTH CAROLINA ASSOCIATION OF REALTORS®, 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. This offer shall become a binding contract on the Effective Date. Date: c( (U( ( ) Date: 0 " Buyer l/r ' (SEAL) Seller a � 4 AL) Carolina Forest Develops s Fletcher B. & ye M.7zol4 J ' ee Jr Date: Date: U (43—(( Buyer (SEAL) Seller - LLC Timothy H. & Hiromi P. B ik r Date: Date: Buyer (SEAL) Seller (SEAL) RE N ED AL'3 19 2011 DCM V`'' MiNGrON, NC Page 8 of 9 STANDARD FORM 12-T Revised 7/2011 ©7/2011 Produced with zipForrn®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zioLoaix.corn mandalay bay- NOTICE INFORMATION (NOTE: INSERT THE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY WHICH ARE NOT APPROVED.) BUYER NOTICE ADDRESS: SELLER NOTICE ADDRESS: Mailing Address: Mailing Address: Buyer Fax#: Seller Fax#: Buyer E-mail: Seller E-mail: SELLING AGENT NOTICE ADDRESS: LISTING AGENT NOTICE ADDRESS: Finn Name: Firm Name: Acting as❑Buyer's Agent Seller's(sub)Agent❑Dual Agent Acting as ❑ Seller's Agent ❑ Dual Agent Mailing Address: Mailing Address: Individual Selling Agent: Individual Listing Agent: ❑ Acting as a Designated Dual Agent(check only if applicable) ❑ Acting as a Designated Dual Agent(check only if applicable) License#: License#: Selling Agent Phone#: Listing Agent Phone#: Selling Agent Fax#: Listing Agent Fax#: Selling Agent E-mail: Listing Agent E-mail: ESCROW ACKNOWLEDGMENT OF INITIAL EARNEST MONEY DEPOSIT Escrow Agent acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms hereof. Date Firm: n/a By: (Signature) (Print name) R[ :9VED Q. 7) 1 9 2011 DCM WiLM I :TON, NC Page 9 of 9 STANDARD FORM 12-T Revised 7/2011 ©7/2011 Produced with zipForm®by zipLoga 18070 Frfteen Mile Road,Fraser,Michigan 48026 www.zi)Looix_c_cg mandalay bay- SELLER FINANCING ADDENDUM Property: 304, 306, 308. 310 Mandalav Ct, . Surf City. NC 2B44,5 Seller: Fletcher B.& Amye M. Baker, Jr. , Timothy H. & Hiromi P. Baker Buyer:Carolina Forest Developers, LLC This Addendum is attached to and made a part of the Offer to Purchase and Contract ("Contract") between Seller and Buyer for the Property. Seller agrees to provide Buyer with Seller Financing in the amount set forth in Paragraph 1(d)of the Contract on the following terms and conditions: I. The Seller Financing shall be evidenced by a balance of purchase money promissory note ("Note") secured by a balance of purchase money deed of trust("Deed of Trust")on the Property. 2. The Deed of Trust shall be a ® first ❑ second lien on the Property. If the Deed of Trust will be junior to another deed of trust, the principal amount of the senior lien(s)shall not exceed the amount of the Loan as represented in Paragraph 5(a)of the Contract. 3. The Seller Financing shall bear interest prior to default at the rate of 0 %per annum and shall be payable as follows: The Seller Financing shall bear interest after default at the rate of 10 % per annum. 4. Unless otherwise provided herein, the Note may be prepaid in whole or in part at any time without penalty. If there are any restrictions on this prepayment right,the restrictions are as follows: none 5. The Seller Financing ® shall O shall not become due and payable in accordance with the terms of the Deed of Trust upon Buyer's sale or other transfer of the Property. 6. Additional Seller Financing terms(if any): The full amount is due and payable no later than 18 months following closing. 7. Unless otherwise provided herein, the Note and Deed of Trust shall be in fonn of and contain the provisions of the currently approved North Carolina Bar Association Forms 4 and 5, completed in accordance with the terms provided above or contained in this Contract. NOTE: In the event of Buyer's default of the Seller Financing, Seller's remedies will likely be limited to foreclosure of the Property. If a deed of trust given to secure Seller Financing is subordinate to, or is later subordinated to, senior financing, and such senior financing is subsequently foreclosed, the Seller will likely have no remedy to recover under the Note or Deed of Trust. The advice of an attorney is recommended prior to Seller agreeing to provide seller financing. IN THE EVENT OF A CONFLICT BETWEEN THIS ADDENDUM AND THE CONTRACT, THIS ADDENDUM SHALL CONTROL,EXCEPT THAT IN THE CASE OF SUCH A CONFLICT AS TO THE DESCRIPTION OF THE PROPERTY OR THE IDENTITY OF THE BUYER OR SELLER,THE CONTRACT SHALL CONTROL La Q 92011 )CM 1: .:r DN, NC Page 1 of 2 I I This form jointly approved by: STANDARD FORM 2A5-T North Carolina Bar Association Revised 7/2011 REACTOR° North Carolina Association of REACTORS®, Inc.9OPPORTUNITY" ©7/2011 Buyer initials Seller initials I�'� In7 Treasure Realty PO Box 389Sneads Ferry,NC 28460 Phone:(910)358-4708 Fax: (910)327-2035 Fletcher Baker mandalay bay- Produced with zipForme by zipLoyix 18070 Fifteen Mile Road,Fraser,Michigan 48026 wa zmLnnix mm • THE NORTH CAROLINA ASSOCIATION OF REALTORS®, 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: RI fO( . ( Date: ' 0 • Buyer (SEAL) Seller Carolina Forest Developers Fletcher B.& Amy . Bake , Jr Date: Date: � 1711 Buyer (SEAL) LLC Timothy H. & Hiromi P. Baker Date: Date: Buyer (SEAL) Seller (SEAL) ECEIV AUG 19 2C A ) M WILMINGTON NC- Page 2 of 2 STANDARD FORM 2A5-T Revised 7/2011 ©7/2011 Produced with zpForn>m by ziplogix 18070 Fifteen Mile Road.Fraser.Michigan 48026 yvww.zioLoaix corn mandalay bay- PARKER & ASSOCIATES, INC. 5rap1 �R: xOns Consulting Engineers - Land Surveyors- Land Planners fr 306 New Bridge Street + P.O. Box 976 Jacksonville,NC 28541-0976 �.�: ;;, ::::::::: :::::: :.':;• (910)455-2414 + Fax: (910)455-3441 Firm License Number F-0108 August 10, 2011 To Whom it may concern, I Michael G. Tuton give authorization to Parker&Associates, Inc. to sign for and (property owner name) (applicant/planner) represent on our behalf, the CAMA Permitting of Mandalay Bay at Surf City,NC (property name/description) Sincerely, r( ico—s (property owner signature) RECEINt77-'•• AUG 19 2c1 cl.ENF.Tuton.MandalayBay.ConsentLtr.8.10.11 CM WILMIN(7 1u c EMAIL ADDRESS: TEXT MESSAGES TO:paitextt bizec.rr.com MAPS AND PLANS TO:paidraftelbizes,rr.coa% +ENVIRONMENTAL ENGINEERING +STORMWATER,WATER AND WASTEWATER SYSTEMS +FEASIBILITY AND DEVELOPMENT CONSULTING +GLOBAL POSITIONING SURVEYS +SUBDIVISION AND CONSTRUCTION PLANS i i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON OELIVERY ■ Complete items 1,2,and 3.Also complete A, 'gnature item 4 if Restricted Delivery is desired. X 0 Agent , II Print your name and address on the reverse �{� 0 Addre: so that we can return the card to you. g, e% (Printed Name) C. Date of Deli\ IN Attach this card to the back of the mailpiece, 1 �SR-I • or on the front if space permits. 1 D. Is deli Brent from item 1? ❑YL 1. Article Addressed to: If Y 8,=.•' -- dress below: 0 No FYci r\\ N rYIQ ewS k-‘ I O 1 v Y-,e1SO � � a I CCkj I N c " Y AI ln 3. Servi401.4.- �, ...J. Ce • „ • Express Mail ... 0 Registered 0 Return Receipt for Mercf ❑ Insured Mail ❑C.O.D. GAPS 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service label) ,CC 7001 0320 0001 0443 6018 PS Form 3811,August 2001 Domestic Return Receipt 102595-02 ECE \/FD AUG 19 2011 JCM WILMINGTON, NC 0 U.S. Postal Service n z CERTIFIED MAIL RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) . > CC"•31 0 I— ......, Cr) 0 .-q 11.1,1 Z it4 ,,,c?..!,? - • ..— .n CO Z i 1 s,L 0600 Ar.14/' -itz .... fri Postage $ $2.85 15 Certified Fee Postmark Return Receipt Fee $2.30 Here 0 (Endorsement Required) cm Restricted Delivery Fee $0.00 c3 (Endorsement Required) C:1 $6.23 0810$1203.1 Total Postage&Fees $ IM 11.11 Sent To 171 U-1.)t ianne• M . 1.4.Fe v re, Street,Apt No.; .._i or PO Box No. IP 01 CbC,St-nUt (DVUIVC. Rd. 1=1 City State,Z1P+4 1:3 a IL ...V.1 t - TN • . 1-- PS Form 3800,January'2001 See Reverse for Instructions .A. USPS.com® - Track & Confirm Page 1 of 1 Customer Service USPS Mobile Register/Sign In LISPSCOM• Search USPS.com or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions Track & Confirm GET EMAIL UPDATES PRINT DETAILS YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE 8 TIME LOCATION FEATURES 70010320000104436001 First-Class Mile Notice Left August 11,2011,12:14 pm KNOXVILLE,TN 37932 Expected Delivery By: August 11,2011 Certified Mail' Retum Receipt Arrival at Unit August 11,2011,8:41 am KNOXVILLE,TN 37923 Processed through Sari August 11,2011,4:21 am KNOXVILLE,TN 37950 Facility Acceptance August 09,2011,4:45 pm JACKSONVILLE,NC 28540 Check on Another Item What's your label(or receipt)number? Find LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Privacy Policy> Government Services> About USPS Home, Business Customer Gateway Terms of Use> Buy Stamps 8 Shop> Newsroom, Postal Inspectors> FOIA> Print a Label with Postage> Mail Service Updates> Inspector General No FEAR Act EEO Data> Customer Service> Forms 8 Publications> Postal Explorer> Site Index> Careers, Copyright®2011 USPS.All Rights Reserved. RECEI VED AUG 19 2011 DCMM WitM,lltGrONt iNC https://tools.usps.com/go/TrackConfirmAction.action 8/17/2011 Ala& NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Dee Freeman Beverly Eaves Perdue James H. Gregson Secretary Governor Director July 28, 2011 Parker and Associates, Inc. Attn: Mr. Parker 306 New Bridge Street Jacksonville, NC 28540 RE: INCOMPLETE APPLICATION ADDITIONAL INFORMATION REQUIRED APPLICATION NUMBER- SC 11-13 PROJECT ADDRESS-304 &306 Mandalay Court, Surf City, NC Dear Sir or Madam: The Division of Coastal Management's Wilmington Regional office received a CAMA Minor Permit application from you on July 8, 2011, for development activities at 304&306 Mandalay Court, in Surf City, North Carolina. In reviewing your application, we have discovered that additional information is needed to complete the review process.Accordingly, I am requesting that you submit the following additional information to this office: . Please provide the name of the registered agent or managing member for Hunter Development Corporation under the Land Owner section. ✓2. Please provide a signed agent authorization agreement letter allowing Parker and Associates, Inc.,the authority to apply for the CAMA permit on your behalf. 3. Please check(2), under the General Information section and indicate the amount of built-upon or other impervious coverage within the 75' Estuarine Shoreline AEC. ,! Please complete the Statement of Ownership section on the application form and provide the appropriate documentation. �5. Please provide the signed certified mail receipts from the two adjoining property owners and include their names under �/ Notification of Adjacent Properly Owners. 6. Please return a signed copy of the Ocean Hazard AEC Notice(enclosed). 7. Please clarify the size of the building footprint and other impervious or built-upon surfaces in the Estuarine Shoreline and Ocean Hazard Areas of Environmental Concern, specifically the proposed"open deck". Any proposed decking in the buffer shall be designed to allow for stormwater infiltration below. Impervious surfaces within the 75' Estuarine Shoreline AEC shall be limited to 30%coverage. Please note whether pervious or impervious paving will be placed beneath the "open deck". 8. On the workplan drawings, please show the location of the Normal High Water line,the 30' Coastal Shoreline Buffer and the 75'Area of Environmental Concern. 127 Cardinal Drive Ext.,Wilmington,NC 28405 One NorthCarolina Phone:910-796-72151 FAX:910-395-3964 Internet:www.nccoastalmanagement.net An Fnual flnnnrt,mitn'.Afrmnfinn Artinn Fmnlnvnr ,Xaturallu In accordance with the Department of Environment and Natural Resources regulations, we note that a certain time has passed while the application has remained in our office. Upon resubmission of a complete application,a local decision will be made in 25 days, provided this period is not extended as provided by law. Please contact me at 910-796-7221 if you have any questions. Respectfully urn, PJ, on Dail eld Representative Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 cc: Hunter Development Corporation,Attn: Michael Tuton, PO Box 1066, Jacksonville, NC 28541 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Dee Freeman Beverly Eaves Perdue James H. Gregson Secretary Governor Director July 28, 2011 Parker and Associates for Hunter Development Corporation 306 New Bridge Street Jacksonville, NC 28540 RE: NOTICE TO EXTEND TIME TO GRANT OR DENY CAMA MINOR PERMIT APPLICATION NUMBER—SC 11-13 PROJECT ADDRESS/LOCATION—304 &306 Mandalay Court, Mandalay Bay Subdivision, Surf City, Pender County Dear Mr. Parker: Pursuant to NCGS 113A-121(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 twenty-five(25)days. If you have any questions concerning this action, please contact me at(910)796-7215. Sincerely, :_, /17/7L-7 son Dail Field Representative 127 Cardinal Drive Ext.,Wilmington,NC 28405 One Phone:910-796-72151 FAX:910-395-3964 Internet:www.nccoastalmanagement.net NoithCa'�rolliina An Equal Opportunity t Affirmative Action Employer ;VI Pilaff PARKER & ASSOCIATES, INC. 5raping HorizoN Consulting Engineers - Land Surveyors - Land Planners 306 New Bridge Street + P.O. Box 976 Jacksonville, NC 28541-0976 (910)455-2414 • Fax: (910) 455-3441 Firm License Number F-0108 LETTER OF TRANSMITTAL TO: Mr. Jason Dail DATE: August 18, 2011 NCDENR-Division of Coastal Management REF: Mandalay Bay 127 Cardinal Drive Ext. Onslow County,NC Wilmington,NC 28405-3845 CAMA Permits WE ARE SENDING YOU: One(1) original Permit and One(1) copy of the Preliminary Plot Plan for Units 3 &4; One original Permit and One(1) copy of the Preliminary Plot Plan for Units 5 &6; One(1) original Letter of Authorization; One(1)original Purchase Contract; One(1) original Hazard AEC Notice; One(1) copy of the Recorded Plat; One(1) copy of the Certified Letter Return Receipt; One(1) copy of the Certified Letter sent; and One(1) copy of the Tracking Form for the Certified Letter for Julianne M. LeFevre; all for the above referenced. DELIVERY VIA: El Regular Mail ❑ Hand El Federal Express ❑ UPS Overnight 0 UPS Ground ❑ Other THESE ARE TRANSMITTED AS CHECKED BELOW: For Approval 0 As Requested ❑ For Review and Comment ❑ For Your Use 0 For Bids Due ❑ Other COMMENTS: We tracked the Certified Letter to Julianne M. LeFevre through the Post Office and she has yet to respond to the Postal Service. Edwin N. Fo Copies To: Mr. Michael G. Tuton, Carolina Forest Developers, LLC (LOT only)Aua 9 2011 ENF/rmh CF (P), LAM (if enclosures are not as noted, kindly notify us at once) �Az r. WILMINGTON, NC c2.LOT.ENF.Dail.MandalayBay.CAMAPermits.8.18.11 EMAIL ADDRESS: TEXT MESSAGES TO:paiteatAbizec.rr.com MAPS AND PLANS TO:paidraft(lbizec.rr.com ♦ENVIRONMENTAL ENGINEERING ♦STORMWATER,WATER AND WASTEWATER SYSTEMS ♦FEASIBILITY AND DEVELOPMENT CONSULTING ♦GLOBAL POSITIONING SURVEYS ♦SUBDIVISION AND CONSTRUCTION PLANS PARKER & ASSOCIATES, INC. 5raping Hori2o�s Consulting Engineers - Land Surveyors - Land Planners 306 New Bridge Street + P.O. Box 976 Jacksonville, NC 28541-0976 (910)455-2414 + Fax: (910)455-3441 . . Firm License Number F-0108 LETTER OF TRANSMITTAL TO: Ms. Holley Snider, Field Representative DATE: July 6, 2011 NCDENR - Division of Coastal Management REF: Mandalay Bay 127 Cardinal Drive Ext. f'"r County,NC Wilmington,NC 28405-3845 CAMA Permits WE ARE SENDING YOU: One(1) original Permit and One (1) copy of the Preliminary Plot Plan for Units 3 &4; One original Permit and One(1) copy of the Preliminary Plot Plan for Units 5 &6; and One(1) check No. 30817 in the amount of$200.00; all for the above referenced. DELIVERY VIA: ❑x Regular Mail ❑ Hand ❑ Federal Express O UPS Overnight ❑ UPS Ground ❑ Other THESE ARE TRANSMITTED AS CHECKED BELOW: ❑x For Approval ❑ As Requested ❑ For Review and Comment ❑ For Your Use ❑ For Bids Due O Other COMMENTS: 14-1")-(2t Edwin N. Foley, P.L.S. Copies To: Mr. Michael G. Tuton, Hunter Development Corporation(w/enclosures ENF/rmh CF (P), LAM D (if enclosures are not as noted, kindly notify us at once) JUL c2.LOT.ENF.Snider.MandalayBay.CAMAPennits.7.6.11 O 2011 ViiEMAIL ADDRESS: TEXT MESSAGES TO:paitext(a bizec.rr.com MAPS AND PLANS TO:paidraftCa�bz N, NC +ENVIRONMENTAL ENGINEERING +STORMWATER,WATER AND WASTEWATER SYSTEMS +FEASIBILITY AND DEVELOPMENT CONSULTING +GLOBAL POSITIONING SURVEYS +SUBDIVISION AND CONSTRUCTION PLANS PARKER & ASSOCIATES, INC. RTT 30 817 Consulting Engineers-Land Surveyors-Land Planners 1J1J�7�1 ew.ncn.17.47o 77a cornw..v NORTH CAROLINA P.O.Box 976 66-112-531 Jacksonville,NC 28541-0976 (910)455-2414 Memo: Mandalay Bay - CAMA Permits Units 3 & 4, 5 & 6 0 PAY Two hundred and 00/100 Dollars DATE AMOUNT July 6, 2011 $200.00TO THE g /� �& S Cl S, INC ORDER . ORDER NCDENR - Division of Coastal Management OF Wilmington - (..-ten `�� AUTH IZED SIGNATURE CLI-I3 0000 308 L 7il° 1:0 5 3 LOLL 2 L1:000 5 L00 L 211 28011° JUL 0 8 2011 DCv, `NtLMliNGTON, NC