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HomeMy WebLinkAboutSC_12-10_ Schmid 11( Issued by WiRO SC 12-10 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 Markus Schmid, authorizing development in the Ocean Hazard (AEC) at 1706 S. Shore Drive, in Surf City, Pender County as requested in the permittee's application, dated revised on August 3, 2012, and received by DCM on August 3, 2012. This permit, issued on August 30, 2012, 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 a duplex unit, including driveway and parking area. (1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s)dated received by DCM on August 6, 2012. (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) 796-7221 for a final inspection at completion of work. (Additional Permit Conditions on Page 2) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this permit must cease until the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project Jason Dail modification not covered under this permit, require further written permit CAMA LOCAL PERMIT OFFICIAL approval.All work must cease when this permit expires on: R E C . y 127 Cardinal Drive Ex sion December 31,2015 Wilmington, NC In issuing this permit it is agreed that this project is consistent with the local Land SEP 0 5 2012 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. iv VJl t li/is t` "i4 (Signature required if conditions above apply to permit) Name: Markus Schmid Minor Permit#SC 12-10 Date: August 30, 2012 Page 2 (5) Any structure(s) not authorized under this permit must be 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 buildings constructed within the ocean hazard area shall comply with the NC Building Code, including the Coastal and Flood Plain Construction Standards of the N. C. Building Code, and the Local Flood Damage Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance are inconsistent with any of the following AEC standards, the more restrictive provision shall control. (8) All buildings must be elevated on pilings with a diameter of at least 8 inches in diameter if round, or 8 inches to a side if square; and the first floor level of the sills and joists must meet the 100-year flood level elevation. (9) All pilings shall have a tip penetration greater than eight (8) feet below the lowest ground elevation under the structure. The deck shall be constructed independently from the residence and shall be structurally detached. (10) 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. (11) 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. (12) The total floor area of the permitted dwelling(s) shall not exceed 4,208 square feet, as stated in the permit application. RECEIVr SEP 0 5 2012 DCM WILMI( GTON NC. Air SIGNATURE: DATE: -? l2 PERMITTEE Locality 6A2ir £1i Permit Number`� I d' ` Ocean Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline Other (For official use only) GENERAL INFORMATION pAr4_," d > 8 kite—,7 LAND OWNER ro Name �MVA- 1 J/. Jc@ VQ .cCo QWQ Co'S. r 16,11 ) 1 (&'/ Address 30 I 9 C Q fr, W OC91 City \1(l/Y Ap l Q(k(t State /V Zip Q glitt,3 Phone 910 0 0— })-3 o Email Q.A S4�'1,�QQ,p?/� B Yh cla . cam AUTHORIZED AGENT Name (� '' 1,11 I i n )0 g Y1 — Co-1'gv✓l0` ekJ- Address p. 0 . Citycm/pi-Pad State 4 G Zip 2 J Phone 9)1) " 2))o O 'O Email Lk 11 I Q u l I I ))1.vnon . cum LOCATION OF PROJECT: (Address, streets name and/or directions to site. If not oceanfront,what is the name of the adjacent waterbody.) I - 0 6 S S YA ONre DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) ChLi ,mac SIZE OF LOT/PARCEL: square feet 0 . 34 acres go nd'if C S PROPOSED USE: Residential S (Single-family ❑ Multi-family ® ) Commercial/Industrial ❑ Other ❑ COMPLETE EITHER(1)OR(2)BELOW(Contact your Local Permit Officer if you are not sure which AEC applies to your property): (1) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE:.t5) square feet(includes air conditioned living space,parking elevated above ground level,non-conditioned space elevated above ground level but excluding non-load-bearing attic space) (2) COASTAL SHORELINE AECs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT UPON SURFACES: }AC 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.) 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? YES NO X If yes,list the total built upon area/impervious surface allowed for your lot or parcel: h yivrtfgi. JUN252012 DCM WILMINGTON, NC OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA 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 Certification, Sand Dune, Sediment Control, Subdivision Approval,Mobile Home Park Approval,Highway Connection,and others. Check with your Local Permit Officer for more information. 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 person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person listed as landowner on this application has a significant interest in the real property described therein.This interest can be described as: (check one) an owner or record title,Title is vested in ,see Deed Book page in the County Registry of Deeds. an owner by virtue of inheritance.Applicant is an heir to the estate of probate was in County. )( if other interest, such as written contract or lease, explain below or use a separate sheet&attach to this application. o o c94d 014ki 40 'QwctKoie 4 Co-c� NOTIFICATION OF ADJACENT PROPERTY OWNERS: I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (Name) (Address) (1) Yivvi Utivr P.0 .Mx I of l l to oa►i , /vc. 28 of o .. (2) feu;sere- dada I-0 8 s s►l ote T,-r sul ( Me. Q 8( 4 S (3) (4) ACKNOWLEDGEMENTS: I,the undersigned,acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to erosion and/or flooding. I acknowledge that the Local Permit Officer has explained to me the particu- lar hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabiliza- tion and floodproofing techniques. R E L. v I furthermore certify that I am authorized to grant,and do in fact grant,permission to Division of Coastal a ne2taff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. DCM WILMINGTON; NC This the S day of_________, 20 12- 7/0411 . t (c/temLandowner or erson authorized to act as his nt for u ose of a CAMA ermit application Pg purpose filing P This application includes:general information(this form), a site drawing as described on the back of this application, the ownership statement, the Ocean Hazard AEC Notice where necessary, a check for$100.00 made payable to the locality, and any information as may be provided orally by the applicant. The details of the application as described by these sources are incorporated without reference in any permit which may be issued Deviation from these details will constitute a violation of any permit.Any person developing in an AEC without permit is subject to civil, criminal and administrative action. ArA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Dee Freeman Governor Director Secretary August 30, 2012 Carolina Coast Properites Attn: Ulli Johnson PO Box 879 Hampstead, NC 28443 Dear Ms. Johnson: Attached is CAMA Minor Development Permit# SC 12-10, for work to be for Markus Schmid, at 1706 S. Shore Drive, in Surf City, Pender County. In order to validate this permit, please sign both copies of the permit as indicated for our records. 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 " 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 NorthCarolina An Equal Opportunity l Affirmative Action Employer Naturally 461:14 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Dee Freeman Govemor Director Secretary August 3, 2012 Wilmington.classified@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington,North Carolina 28402 Re: Schmid Minor Public Notice Ellen: Please publish the attached Notice in the Wednesday, August 15, 2012 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 and invoice 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 copy 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, Shaun Simpson Permit Support Technician Enclosure cc: File Copy Michele Walker DCM 127 Cardinal Drive Ext.,Wilmington, NC 28405 One Phone:91 0-796-721 5\FAX:910-395-3964 Internet:www.nccoastalmanagement.net North Caron Tina An Equal Opportunity Affirmative Action Employer Naturally 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 9, 2012, Markus Schmid applied for a CAMA permit to construct duplex unit at 1706 S. Shore Dr., adjacent to the Atlantic Ocean, in Surf City, Pender County. The application may be inspected at the address below. Public comments received by August 30, 2012 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 OCEAN HAZARD AEC NOTICE Project is in an: Ocean Erodible Area _ High Hazard Flood Area Inlet Hazard Area Property Owner: (113 U Crn+ atct a tQlkol) JICIAt10 SA/nu d Property Address: 13 U l tl��t 1tf 1 �t- t t 11✓/6. a S t Date Lot Was Platted: 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 f.r site,the Local Permit 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 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. w rk 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 erosion rate for the area where your property is located is feet per year. Local Permit Officer The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Studies also indicate that the shoreline could move as much as Address feet landward in a major storm. The flood waters in a maj-r storm are predicted to be about — feet deep in this area. Locality Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control ---structures such as bulkheads,seawalls,revetments,groins,jetties Phone Number and breakwaters are prohibited. Temporary sand bags may he authorized under certain conditions. The applicant must acknowledge this information and requirements by signing this notice in the space below. Without ti s. the proper signature,the application will not be complete_ i La,"'� D JUN252012 Property Owner Signature Date W I L M I N G TO N, NC Rev'sed May 2010 • litmk I e(.Lk hand. -. KLI.Lc 4 ,. -NI, _.. - rim -_,,t 1 { ■ NI.-.. .11 Etillik . . . i I .,11...,.,,...• .miimE -I1 \V I/ • ..1.\T--- --.!'.1T` -f. .._r ifil \ Iff i ' rs ril Tri... Iii - �i ; A..-demmm i�, I 1' .111 0-11 .!-'-', ell • ' h:: liiuiIrrililill1111111111iiiililiiiiiIiill iliiiiiiiiiiivIiiiiiiiiiill��, IIIIIIiviji III7 . , r all j I I ,!,01:7!, N'11 W Water Front 02003-2010 Coe let De gna Left Side 02003-2010 Coastal Designs sr,owa, .-_gyp t ,Ur , 25' ' 25' 29' Porch Porch 0 2003-2010 Coastal Desgns— I C 2003-2010 Coastal Designs 02003-20113 Coastal Designs r I J T I BR1 V if1 Storage 16-6 X 13-2 Bath 1 O ; Great Room • • ', 24-4 X 15-6 D� I I Vaulted Ceiling ■ • Lin 1I 58' 58' will 11111 Carport Iv .4 Bath 2 oA I sa' In r r ] - • ENTRY rI 1 I Kit D i Laundry LW,D1 14-2 X 11-6 "- Carport :_ /� % ; II ______M_ ___i BR2 BR3 BR4 BA Bath3 I 10-8 X 11-8 11-0 X 11-8 12-4 X 13-6 O ill 0 2003-68 Coastal Designs 1 t Wood Deck Wood Deck l- ______IL___ JI Ground Floor 1st Floor 2nd Floor 900.0 S.F. 9'Ceilings RECEIVED Side-By-Side Duplex LIVING AREAS : JUN 2 5 2012 1,800 sf Living Area 1st Floor 900.0 SF 4 BRs, 3 Baths 2nd Floor 900.0 SF DCM WILMINGTON, NC 29'-0" wide, 58'-0" deep Total 1,800.0 SF roof height 37'-4" Y(- c iJi w 6115 'r illbttkOQ 002id 40 ckon Qu;,,� /,gibe&. ,1cc a Milk 6/25/2012 Adjacent Property Owner: Louisette Cheilik 1708 S Shore Dr Surf City, NC 28445 Dear Adjacent Property Owner: This letter is to inform you that I, Ulrike Johnson ( Agent) have applied for a CAMA Minor Permit on client's property at 1706 S Shore Dr, Surf City in Pender County. As required by CAMA regulations, I have enclosed a copy of the permit application and a project drawing (draft) as notification of the proposed project. No action is required from you. If you have any questions or comments about the proposed project, please contact me. If you wish to file written comments or objections with the Local Government CAMA Minor Permit Program, you may submit them to: RECEIVED Division of Coastal Management JUN 2 5 2012 LPO Jason Dail 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 DCM WILMINGTON, NC Sincerely, Ulri e Johnson ( gent) Carolina Coast Properties P.O. Box 879 Hampstead, NC 28443 910-270-4444 office 910-270-0480 cell Ulli@UlliJohnson.com I. . •osta ervlceTM CERTIFIED MAILTM RECEIPT rq (Domestic Mail Only;No Insurance Coverage Provided) p ra For delivery information visit our website at www.usps.com ‘,41‘ 14! .-. -II U S E -a r‘- Postage ru MEW*. 3E D Certified Fee ru f m Return Receipt Fee Posentuic r3 (Endorsement Required) Here CI Erna 2012 . Restricted Delivery Fee . • m (Endorsement Required) 0 $'I; W 1 LIVI t 14 -,T 6 I\i,' IV i ej 1:3 Total Postage&Fees ru ,--q Sent To 3ttlikoelk cia.0.19L, ,R c, Street,Ak No.; r..- or PO Box No. City,State ZIP+4 284K ;edified Mail Provides: A mailing receipt I A unique identifier for your mailpiece I A record of delivery kept by the Postal Service for two years rnportant Reminders: I Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail® I Certified Mail is not available for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. I For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested°.To receive a fee waiver for a duplica.e return receipt,a USPS®postmark on your Certified Mail receipt is required. I For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". I If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. MPORTANT:Save this receipt and present it when making an inquiry. 's Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 f ket h,:k L, 0 ZOAll OR'\ (1't3V �, \l' �, y 3 1 08 sS � 1 .i. I/ \,,,,- �° Vf RECEIVED 1 v, JUN252012 N. r)r'M WILMINGTON, ICI A 41 '--eid)-4(-9-- .1- k-- 1)—(";:l''-c,"- -- ___. i 6t\ *iTAI.c -ko 500 I 'cPTzS, pcol ar �_2 0 4z'4, 4 C a Tc,.Q 114 ?s4 ._. -,4 S'`.le d'i' 1 4 ` 30` i 30` Dail, Jason From: Dail, Jason Sent: Wednesday, June 27, 2012 9:52 AM To: 'dream@greenisbig.com' Subject: CAMA Minor Permit application - 1706 S. SHore Drive, Surf City Hi Ulli, I received your CAMA Minor permit application for development at 1706 S. Shore Drive, Surf City, NC on 6/25/2012; however,there are deficiencies in your application package that need to be addressed before we can accept the package as complete. Please address and revise the application package per the comments mentioned below. - On the application form, please include the "Total Floor Area of Proposed Structures". In order for the Division of Coastal Management (DCM)to process your request,you must fill in the amount of square footage being proposed. - ON the site drawing, please show the location of the First Line of Stable Natural Vegetation (FLSNV) as determined by the DCM.The reference to the FLSNV shall include the date the line was flagged by a DCM representative. Since I have not flagged this line to date, I will plan on locating the FLSNV for you on 6/28/2012. - On your"Side-by-Side Duplex" drawing,you indicate that "all dimensions and layout are subject to changes within setback requirements"; however,as I mentioned,you must submit plans representing what is actually being constructed/proposed. We cannot permit a project where you have specifically noted that the plans are subject to change.What you intend to build needs to be identified and described on the drawings and in the application package. If your clients have not yet decided on a house plan, I suggest they make their final decision prior to submitting a request for a CAMA permit. In accordance with the Department of Environment and Natural Resources regulations, we note that the application, as submitted on June 25, 2012, is incomplete for processing. 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. Take Care, Jason Jason Field Representative N.C.Division of Coastal Management 127 Cardinal Drive Extension ‘t'ilmington,NC 28- 5 :; .. Ph (910)796-7 - Fax. (910)395-3%4 Email:iasori.dail 3nettrni.gcrr . _ ` wycw.ntcoastalrnanagettient.in North Carolina Department of vironnient and Natural Resources U.S'DEPARiENT OF HOMELAND SECURITY ELEVATION CERTIFICATE OMB No. 1660-0008 Federal Emergency Management Agency Expires March 31, 2012 National Flood Insurance Program Important: Read the instructions on pages 1-9. SECTION A-PROPERTY INFORMATION For Insurance Company Use: Al. Building Owner's Name MARKUS SCHMID Policy Number A2. Building Street Address(including Apt.,Unit,Suite,and/or Bldg.No.)or P.O.Route and Box No. Company NAIC Number 1706 SOUTH SHORE DRIVE City SURF CITY State NC ZIP Code 28445 A3. Property Description(Lot and Block Numbers,Tax Parcel Number, Legal Description,etc.) DEED BOOK 3771 AT PAGE 72 A4. Building Use(e.g.,Residential,Non-Residential,Addition,Accessory,etc.)RESIDENTIAL A5. Latitude/Longitude:Lat.N34 24'30.6" Long.W77 34'20.1" Horizontal Datum: ❑ NAD 1927 ® NAD 1983 A6. Attach at least 2 photographs of the building if the Certificate is being used to obtain flood insurance. A7. Building Diagram Number 6 A8. For a building with a crawispace or enclosure(s): A9. For a building with an attached garage: a) Square footage of crawispace or enclosure(s) NA sq ft a) Square footage of attached garage NA sq ft b) No.of permanent flood openings in the crawispace or b) No.of permanent flood openings in the attached garage enclosure(s)within 1.0 foot above adjacent grade NA within 1.0 foot above adjacent grade NA c) Total net area of flood openings in A8.b NA sq in c) Total net area of flood openings in A9.b NA sq in d) Engineered flood openings? 0 Yes ® No d) Engineered flood openings? 0 Yes ® No SECTION B-FLOOD INSURANCE RATE MAP(FIRM)INFORMATION B1. NFIP Community Name&Community Number B2.County Name B3.State SURF CITY,TOWN OF 370186 PENDER NC 64. Map/Panel Number B5.Suffix B6.FIRM Index B7.FIRM Panel B8.Flood B9.Base Flood Elevation(s)(Zone 3720423400 J Date Effective/Revised Date Zone(s) AO,use base flood depth) 2/16/07 2/16/07 VE 12' B10. Indicate the source of the Base Flood Elevation(BFE)data or base flood depth entered in Item B9. ❑ FIS Profile ® FIRM 0 Community Determined ❑ Other(Describe) B11. Indicate elevation datum used for BFE in Item B9: ❑ NGVD 1929 ® NAVD 1988 ❑ Other(Describe) B12. Is the building located in a Coastal Barrier Resources System(CBRS)area or Otherwise Protected Area(OPA)? 0 Yes 0 No Designation Date ❑ CBRS ❑ OPA SECTION C-BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) C1. Building elevations are based on: ® Construction Drawings* 0 Building Under Construction* 0 Finished Construction *A new Elevation Certificate will be required when construction of the building is complete. C2. Elevations-Zones A1-A30,AE,AH,A(with BFE),VE,V1-V30,V(with BFE),AR,AR/A,AR/AE,AR/A1-A30,AR/AH,AR/AO. Complete Items C2.a-h below according to the building diagram specified in Item A7. Use the same datum as the BFE. Benchmark Utilized PRIVATE Vertical Datum 88 R E E .'I.° ` 9 Conversion/Comments - R.� Check the measurement used. AUGa) Top of bottom floor(including basement,crawlspace,or enclosure floor)10. ® A feet 0 meters(Puerto Rico only) 0 9 2012 b) Top of the next higher floor 13+. ®feet 0 meters(Puerto Rico only) WILIVIINGtON; c) Bottom of the lowest horizontal structural member(V Zones only) 13+. 0 feet 0 meters(Puerto Rico only). d) Attached garage(top of slab) N . 0 feet ID meters(Puerto Rico only) pVl N e) Lowest elevation of machinery or equipment servicing the building 13+. ®feet 0 meters(Puerto Rico only) (Describe type of equipment and location in Comments) f) Lowest adjacent(finished)grade next to building(LAG) NA. 0 feet 0 meters(Puerto Rico only) g) Highest adjacent(finished)grade next to building(HAG) NA. ❑feet ❑meters(Puerto Rico only) h) Lowest adjacent grade at lowest elevation of deck or stairs,including NA. 0 feet 0 meters(Puerto Rico only) structural support SECTION D-SURVEYOR, ENGINEER,OR ARCHITECT CERTIFICATION This certification information. /certs to ify that the signed nformation and on th s Certificatey a land eyor,engineer,or architect authorized by law to represents my best efforts tinterpret the data certify elevation ation \\`\tk CAR understand that any false statement may be punishable by fine or imprisonment under 18 U.S. Code, Section 1001.❑ • Check here if comments are provided on back of form. Were latitude and longitude in Section A provided by a ?O oz.ft * • 0 licensed land surveyor? ® Yes ❑ No = 44 ' 7 SEAL r • Certifiers Name FREDERICK W. JONES License Number L-4503 �r L-45Q3 cc. Title OWNER Company Name F.W. JONES SURVEYING,CO. 14;yQ s V��o•y�� UR.. °\ Address POST OFFICE BOX 1471 City BURGAW State NC ZIP Code 28425 /j// je�F /CK ; ,12 Date 8/7/12 Telephone 910-259-2954 0/onto- Signature � I I IMPORTANT: In these spaces, copy the corresponding information from Section A. For Insurance Company Use: Building Street Address(including Apt., Unit,Suite,and/or Bldg.No.)or P.O. Route and Box No. Policy Number 1706 SOUTH SHORE DRIVE City SURF CITY State NC ZIP Code 28445 Company NAIC Number SECTION D -SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION (CONTINUED) Copy both sides of this Elevation Certificate for(1)community official, (2)insurance agent/company,and(3)building owner. Comments T.B.M. SET NAIL IN POWER POLE ELEVATION= 12.0'. 1 FOOT FREE BOARD REQUIED. ALL MACHINERY SERVICING THE DWELLING MUST BE 13.0'OR HIGHER. LOWEST HORIZONTAL STRUCTURAL MEMBER MUST BE 13.0'OR HIGHER. Signature • Date 8/7/12 ❑ Check here if attachments SECTION E - UILDING ELEVATION INFORMATION (SURVEY NOT REQUIRED)FOR ZONE AO AND ZONE A(WITHOUT BFE) For Zones AO and A(without BFE), complete Items El-E5. If the Certificate is intended to support a LOMA or LOMR-F request,complete Sections A, B. and C. For Items El-E4, use natural grade, if available. Check the measurement used. In Puerto Rico only,enter meters. El. Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent grade(HAG)and the lowest adjacent grade(LAG). a)Top of bottom floor(including basement,crawlspace,or enclosure)is ❑feet ❑ meters ❑ above or❑ below the HAG. b)Top of bottom floor(including basement,crawlspace,or enclosure)is ❑feet ❑ meters ❑ above or❑ below the LAG. E2. For Building Diagrams 6-9 with permanent flood openings provided in Section A Items 8 and/or 9(see pages 8-9 of Instructions),the next higher floor (elevation C2.b in the diagrams)of the building is ❑feet ❑meters ❑above or ❑ below the HAG. E3. Attached garage(top of slab)is ❑feet ❑meters ❑above or ❑ below the HAG. E4. Top of platform of machinery and/or equipment servicing the building is ❑feet ❑ meters ❑above or❑ below the HAG. E5. Zone AO only: If no flood depth number is available, is the top of the bottom floor elevated in accordance with the community's floodplain management ordinance? ❑ Yes ❑ No ❑ Unknown. The local official must certify this information in Section G. SECTION F -PROPERTY OWNER (OR OWNER'S REPRESENTATIVE)CERTIFICATION The property owner or owner's authorized representative who completes Sections A, B, and E for Zone A(without a FEMA-issued or community-issued BFE) or Zone AO must sign here. The statements in Sections A, B, and E are correct to the best of my knowledge. Property Owner's or Owner's Authorized Representative's Name FREDERICK W.JONES Address POST OFFICE BOX 1471 City BURGAW State NC ZIP Code 28425 Signature Date 8/7/12 Telephone 910-259-2954 Comments ❑ Check here if attachments SECTION G -COMMUNITY INFORMATION (OPTIONAL) The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete Sections A, B, C(or E), and G of this Elevation Certificate. Complete the applicable item(s)and sign below. Check the measurement used in Items G8 and G9. Gl. ❑ The information in Section C was taken from other documentation that has been signed and sealed by a licensed surveyor,engineer,or architect who is authorized by law to certify elevation information. (Indicate the source and date of the elevation data in the Comments area below.) G2. ❑ A community official completed Section E for a building located in Zone A(without a FEMA-issued or community-issued BFE)or Zone AO. G3.❑ The following information(Items G4-G9)is provided for community floodplain management purposes. G4.Permit Number G5. Date Permit Issued G6. Date Certificate Of Compliance/Occupancy Issued G7. This permit has been issued for: ❑ New Construction ❑ Substantial Improvement G8. Elevation of as-built lowest floor(including basement)of the building: ❑feet ❑ meters(PR)Datum G9. BFE or(in Zone AO)depth of flooding at the building site: ❑feet ❑meters(PR)Datum G10.Community's design flood elevation ❑feet ❑meters(PR)Datum Local Official's Name Title Community Name Telephone Signature Date Comments fl Check here if attachments ♦ t Building Photographs See Instructions for Item A6. For Insurance Company Use: Building Street Address(including Apt, Unit, Suite,and/or Bldg. No.)or P.O. Route and Box No. Policy Number 1706 SOUTH SHORE DRIVE City SURF CITY State NC ZIP Code 28445 Company NAIC Number If using the Elevation Certificate to obtain NFIP flood insurance, affix at least two building photographs below according to the instructions for Item A6. Identify all photographs with: date taken; "Front View" and "Rear View"; and, if required, "Right Side View" and "Left Side View." If submitting more photographs than will fit on this page, use the Continuation Page, following. VANCANT LOT ECEIVED AUG 0 9 202 6/25/2012 Adjacent Property Owner: John Bahr P.O. Box 1071, Wilmington NC 28402 Dear Adjacent Property Owner: This letter is to inform you that I, Ulrike Johnson ( Agent) have applied for a CAMA Minor Permit on client's property at 1706 S Shore Dr, Surf City in Pender County. As required by CAMA regulations, I have enclosed a copy of the permit application and project drawing (draft) as notification of the proposed project. No action is required from you. If you have any questions or comments about the proposed project, please contact me. If you wish to file written comments or objections with the Local Government CAMA Minor Permit Program, you may submit them to: Division of Coastal Management RECEIVED LPO Jason Dail JUN 2 5 2012 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 DCIVI WILMINGTON, NC Sincerely, Ulrs4on gen Carolina Coast Properties P.O. Box 879 Hampstead, NC 28443 910-270-4444 office 910-270-0480 cell Ulli@UlliJohnson.com I . . •os a erviceTM, CERTIFIED MAILIM RECEIPT '" (Domestic Mail Only;No Insurance Coverage Provided) MI D For delivery information visit our website at www.usps.com r-R �f J Or ALL. USE f- P. .^. :Nin-4,�. ru ! pb Certified Fee Ili O Return Receipt Fe: I ' d I � PostmarkHere D (Endorsement Required) Restricted Delivery Fee C3 (Endorsomem felR.-efabu'ired) P O Total Postage 8 Fees Sic/25 2012 1 ru e n t qo Th. r-R �Y_'J_- � or PO Box t,Apt.No.No.; er.6„ O City, tG1ale,ZIP+4 �O ,rprrw►,A ,47i. ZSUC 2 :edified Mail Provides: I A mailing receipt I A unique identifier for your mailpiece I A record of delivery kept by the Postal Service for two years mportant Reminders: I Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. I Certified Mail is not available for any class of international mail. i NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. I For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(pS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. I For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". I If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. MPORTANT:Save this receipt and present it when making an inquiry. rS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 Hampstead 6/25/2012 Division of Coastal Management LPO Jason Dail 127 Cardinal Drive Ext. Wilmington,NC 28405-3845 Dear LPO Jason, Please find attached the complete package for the CAMA Minor Development permit on property 1706 S Shore Dr, Surf City 28445. Included are: • $100 check for application fee • Completed, signed and dated application • Site drawing ( draft) + general house plans (* dimensions of structure are subject to change within setback requirements ) • Letters +proof of certified mail for adjacent property owners • AEC Hazard Notice • Copy of the Offer to Purchase and Contrat(Meares/Patchen sellers & Schmid buyer) Please inform me once the permit is issued. Thank you! Sincerely, aft Ulrike "Ulli"Johnson Carolina Coast Properties 910-270-4444 office 910-270-0480 cell Ulli@UlliJohnson.com RECEIVED JUN 25 2012 ouvi _MINGTON, NC OFFER TO PURCHASE. AND CONTRACT-VACANT LOT/LAND [Consult"Guidelines"(form I2G) 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 he 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) V%ith 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"). I. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Seller": Rebecca S. Patchen. Houston D. Meares Jr (b) "Buyer": Markus Schmid, (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon. Street Address: 1706 S Shore Dr City: Surf City — _ Zip: 28445 County: Render ,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: Lodtinit 40012 , Block/Section ,Subdivision/Condominium W M Boyd Division ,as shown on Plat Book/Slide at Page(s) The PIN/PID or other identification number of the Property is: 4234-02-7607-0000 Other description L7 8 9 Pb 4/12 White Hills Bch Hwy Some or all of the Property may be described in Deed Book 3771 at Page 72 (d) "Purchase Price": g _ 330,000.00 paid in U.S. Dollars upon the following terms: n/a BY DUE DILIGENCE FEE made payable to Seller by the Effective Date. S 2,500.00 BY INITIAL EARNEST MONEY DEPOSIT made payable to Escrow Agent named in Paragraph i(f) Q with this offer OR [2] delivered within five (5) days of the. Effective Date of this Contract by 0 cash ® personal check ❑ official hank check ❑ wire transfer. S _ n/a BY (ADDITiONAL ) EARNEST MONEY DEPOSIT made payable to Escrow Agent named in Paragraph 1(0 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. S n/a 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). • 5 n/a BY SELLER FINANCING in accordance with the attached Seller Financing Addendtun (Standard Form 2A5-T). S 327,500.00 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 (I) 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. This form jointly approved by: Page 1 of 9 STANDARD FORM 12-T North Carolina Bar Association 1 Revised 1/2012 North Carolina Association of REAL,TORSO, Inc. [DOI140 ©1/2012 Buyer initials • Seller initials RECEIVED Carolina Coast+,perks Pl'rk+.S79 llampsrca 1,NC•25443 }'Iron(alnl27e-4144 Fax toq:• , S.h,,.i kc..r,Fr: L'lh lohnxn R,oCluced with atpForme,by Zipi.r91,'. ''.807'J F8e':n we Road.Fraser Mr_h,yan 48025 www.VpLoCin.com JUN252012 DCM WILMINGTON, NC (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): Carolina Coast Properties 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 or an attorney licensed to practice law in North Carolina ("Attorney") is holding the Earnest Money Deposit, the Broker or Attorney 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 1N 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(I)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 3, 2012 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 14, 2012 (the"Settlement Date"), unless otherwise agreed in writing,at a time and place designated by Buyer. Page 2 of 9 STANDARD FORM 12-T (l (7 Revised 1/2012 Buyer initials ' Seller initials �C l 7 ®1/2012 Produced with zIVFOrm9 by ziologrx 18070 Fifteen Mile Road,Freee,,Michgan 48026 www.zi0Lo04 F C E I V E D10ceanFro JUN252012 DCM WILMINGTON, NC (in) "Closing": The completion of 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 Closing, 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: (I) 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: (I)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. (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 an&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 termination of this Contract. Page 3 of 9 STANDARD FORM 12-T c. Revised 112012 Buyer initials Seller initials U.— ©1/2012 Produced with zipForme by zipLoglx 18070 fifteen Mae Road,Fraser.Mithugan 48026 wwwzipLogbcwin E C E I i ta°Fro JUN252012 )CM WitMiNGTON, NC (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 Termination 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. (t) 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 On 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: loan at a ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of for a term of year(s),at an initial interest rate not to exceed %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 ® 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 For Properties Exempt from Residential Property Disclosure Statement(Standard Form 2AI2-T). (b) Responsibility for Proposed Special Assessments: Buyer shall take title subject to all Proposed Special Assessments. (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: C F!V E D (a) Ownership:Seller represents that Seller: JUN252012 Page 4 of 9 D C MI VA 01N 2-T Revised 1/2012 Buyer initials Seiler initials S 0 1/2012 Produced wall zipForrr$by zip.sgac 7HOTO Fifteen Mile Road,Fraser.M hgan 48026 www.z:pLogaLeorn SchmidOcca,Fro • •• '• ® 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 arc 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 MI 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 For Properties Exempt from Residential Property Disclosure Statement (Standard Form 2Al2-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 ® Not Applicable) Seller warrants that the sewage system described in the Improvement Permit 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 I$')r 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 (I)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 form 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. (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. Page 5 of 9 STANDARD FORM 12-T Revised 1/2012 Buyer initials Seller initials 1 Lti © 1/2012 Produced with ZlpF tient 0y nploga 18070 Fifteen Mile Road,Fraser,Michigan 48026 wwwz oLc F,; id(keanFro F JUN252012 0CM WILMINGTON, NC 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: Seller 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: Markus Schmid and wife Sylvia Liebing—Schmid (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 For Properties Exempt from Residential Property Disclosure Statement (Standard Form 2Al2-T): If applicable, Seller shall provide the completed Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statement to Buyer on or before the Effective Date. (1) Seller's Failure to Comply or Breach: If Seller fails to materially comply with anv of Seller's obligations under this Paragraph 6 or Seller materially-breaches this Contract, and Buyer elects to terminate 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 he 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. S. CONDITION OF PROPERTY AT CLOSING: Buyer's obligation to complete the transaction contemplated by this Contract shall be contingent upon the Property being 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. RECEIVED JUN252012 Page 6 of 9 STANDARD FORM 12-T 1� . [)ce DCM WILMINGTON0ACii2ol2 Buyer initials Seller initials K © 1/2012 Produced watt zipForr e by ziplo9'x 18070 Fdteen we Road,Fraser,Megan 08026 www.z p..opuc.mm SchmidOecanFro 1 1. POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing as defined in Paragraph 1(m). 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 2A1 1-T) ❑ Loan Assumption Addendum(Form 2A6-T) (Q Back-Up Contract Addendum(Form 2A1-T) ❑ Owners' Association Disclosure And Addendum For Properties ❑ Contingent Sale Addendum(Form 2A2-T) Exempt from Residential Property Disclosure Statement (Form 2A 12-T) ❑ Seller Financing Addendum(Form 2A5-T) ❑ Short Sale Addendum(Form 2A14-T) ❑ OTHER: A 0 t7 a31/0✓WI RcG'di 2to /A-,G 6'c/1ist) 5 /arp0 2f,o v 44 e4.f- Or act-- A Pvio Al e'f fit La- Po rt 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. Page 7 of 9 STANDARD FORM 12-T ' Revised 1/2012 Buyer initials Seller initials l - ©1/2012 • Produced with npForm®by xiplo5ix 16070 Fr been Mile Road,Fraser.Michgan 48028 www.p1ogLcom SchmidOceanfro RECEIVED JUN252012 DCM WILMiNGTON, NC 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. 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: QC) '2,3 -2o /Z Date: 6- -I a_ Buyer (SEAL) Seller 1. 71-0114—j (SEAL) Markus Schmid Re ecca S. Patchen Date: Date: �01- of a - Buyer (SEAL) Seller kL�`-(�J V � t (SEAL) Houston D. Meares J Date: Date: Buyer (SEAL) Seller (SEAL) Page 8 of 9 STANDARD FORM 12-T Revised 1/2012 ©1/2012 Produced hid,ripForro10 oy zipLoas 18070 frfeen We Rood,Fraser,Meagan 46026 V f p SchmidOccanFro JUN252012 DCM WILMINGTON, NC 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: n/a, n/a, n/a Mailing Address: n/a, , Buyer Fax#: n/a Seller Fax#: n/a Buyer E-mail: n/a Seller E-mail:houatonmearea@gmail.com SELLING AGENT NOTICE ADDRESS: LISTING AGENT NOTICE ADDRESS: Firm Name:Carolina Coast Properties Firm Name: Acting as Buyer's Agents Seller's(sub)Agent❑Dual Agent Acting as ❑ Seller's Agent ❑ Dual Agent Mailing Address:P.O. Box 879, Hampstead, NC 28943 Mailing Address: Individual Selling Agent:Ulrike "U11i"Johnson Individual Listing Agent: ❑ Acting as a Designated Dual Agent(check only if applicable) ❑ Acting as a Designated Dual Agent(check only if applicable) License#:253117 License#: Selling Agent Phone#: (910)270-0480 Listing Agent Phone#: (910)470-7770 Selling Agent Fax#: (910)270-3054 Listing Agent Fax#: Selling Agent E-mail:u11ieullijohnaon.00a 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 6 )22 Q0(2— Finn: Carolina Coast Properties By: A a.tlitivS0✓Y (Print na e) 17 Markus Schmid&Sylvia Liebing-Schmid 66-1e/510 NC 1./' 310 Whitebridge Road ate 1856 17 'Hampstead,NC 28443 O�. Z • _�Z 1',who i1.S.A. $ .� c 1'u� to thr()/(kr nl 6 PriLursr rr If,Urrlrn tic p + /Ga llutlru's �" ikt-wxolci ?A,,k Bank of America Advantage® Bank of America 'I ACH RIr p5,'l000196 �� fnr r706. SS'4 �., Uv�� `--- Pura l' gc 9 of 9 STANDARD FORM 12-T Revised 1/2012 © 1/2012 RECEIVED z rr SchmidOc.lrtFro JUN252012 WILMINGTON, NC Addendum to Offer to Purchase and Contract for 1706 S Shore Drive, Surf City,NC Regarding Sellers Apportionment of Cost and Net Sale Proceeds Sellers hereto,as a condition of their acceptance of the Offer to Purchase and Contract to which this Addendum is attached ,agree as follows: a)All Seller costs and expenses as reflected on the HUD-1 for this transaction shall be apportioned as follows; 1. Rebecca S. Patchen 53.03% 2. Houston D. Meares Jr 46.97% b)All Seller net sale proceeds shall be apportioned and paid as follows: 1. Rebecca S. Patchen 53.03%of net proceeds 2. Houston D. Meares 46.97%of net proceeds c)All other terms and conditions of the Offer to Purchase and Contract not affected by this Addendum shall remain in full force and effect. In witness whereof the parties set their hand and seal this day of June, 2012. L74,aikt-tok) 5, Pait-cAtg , c � � Houston D. Mea Jr. e.,„ Rebecca S. Patchetts, STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I certify that the following person(s)personally appeared before me this day,and;each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: �) D CL5 T i.-) • eGi.R..eS e.S. C.)1 e,R Name(s) of principal(s) Witness my hand and official seal,this the ` day of \ ,2012. My Commission Expires: `A- k• °t`-1 . COD �tary Public Ackc Qn \\ RECEIVED JUN 25 2012 DCM WILMINGTON, NC Dail, Jason From: Lou Cheilik [loucheilik@yahoo.com] Sent: Sunday, July 29, 2012 11:23 AM To: Dail, Jason Subject: concern &objections to lot 1706 in Surf City Mr. Dail, My name is Lou Cheilik and I am the adjacent neighboor to lot 1706 S.Shore Dr. in Surf City. I have been upset by the application of a Cama permit to your office by the developer of said lot. It seems that it is intended to put a structure like a huge barrack 60x60 with three stories.... We are in a residential zone and a huge cube would not fit with the character of the area. Also the demand for " multiple family " is disturbing as my understanding of the code is :that with one house :one family with a duplex : one family per duplex . I would appreciate your getting in touch with me as our whole neighborood is upset with and opposed to this new development. my phone # 910-328-0398 Thank you C-19v CAS / / /(4. �o, Z13 • 1 Dail, Jason From: John Bahr[johnlb@constructor.com] Sent: Friday, July 27, 2012 4:52 PM To: Dail, Jason Cc: loucheilik@yahoo.com Subject: 1706 S Shore Dr Surf City CAMA Minor Development Permit Request-Adjacent Property Owner Query and Current Objection Attachments: 1706 S Shore Dr Surf City.pdf Apologies Jason but I forgot to mention that the project appears to be well over 5,000 square feet with additional requirements that do not appear to have been met on the application and sketch. Have a good weekend From: John Bahr [mailto:johnlb@constructor.com] Sent: Friday, July 27, 2012 4:48 PM To: 'jason.dail@ncdenr.gov' Cc: 'loucheilik@yahoo.com' Subject: 1706 S Shore Dr Surf City CAMA Minor Development Permit Request- Adjacent Property Owner Query and Current Objection Jason, Thanks for returning my call today to discuss the above referenced permit. I shared with you my concerns with the scale and dimensions of the project on the sketch attached to the permit. I have observed some stakes on the ocean side of the referenced lot that indicates the CAMA vegetation limit. I don't know who set these or what they really mean or indicate. However, my best attempt to scale the drawing to the actual conditions would indicate that the where the sketch indicates the vegetation line to be is well on the ocean side of the existing toe of the dune and well beyond the ocean side of the stakes. Apart from my objection to the size and scale of the 3-story duplex(presumably a ground floor and 2 additional stories) relative to the adjoining single family homes I am concerned about the accuracy of the sketch including the required setback of 60 feet from the "first line of stable natural vegetation". Perhaps a nuance but is there assurance that duplex means single family per each half and not multi-family(as checked in the application) per half? Please review the attached. I look forward to your response. Kindest Regards, John L. Bahr, PE Pres/CEO off 910-762-4165 fax 910-762-4703 toll free 888-899-6312 mobile 910-617-4165 This e-mail message and any attachments are intended only for the use of the addressee named above and may contain information that is privileged and confidential.If you are not the intended recipient,you are hereby notified that any disclosure,copying,distribution or use of CONSTRUCTION the information contained herein is strictly prohibited.If you received this e-mail message in error,please immediately notify the sender by INTERFACE replying to this e-mail message or by telephone and destroy the material in its entirety,whether in electronic or hard copy format.Neither the name of Construction Interface Service Inc.or it representative,nor transmission of this e-mail from Constructor Interface Service Inc., shall be considered an electronic signature unless specifically stated otherwise in this e-mail by Construction Interface Service Inc.Thank You. 1 Dail, Jason From: Ulli Johnson [Ulli@Ullijohnson.com] Sent: Monday, July 16, 2012 10:28 AM To: Dail, Jason Subject: RE: [FWD: CAMA Minor Permit application - 1706 S. SHore Drive, Surf City] Thanks Jason, I hope to submit the up-dated and complete application to you soon. Thanks and have good & productive week! Ulli Ulrike"Ulli"Johnson Carolina Coast Properties 910-270-4444 office 910-270-0480 cell www.ulliiohnson.com From: Dail, Jason [mailto:jason.dail@ncdenr.gov] Sent: Monday, July 16, 2012 10:01 AM To: Ulli Johnson Subject: RE: [FWD: CAMA Minor Permit application - 1706 S. SHore Drive, Surf City] Ulli, I understand where you are and we can modify an existing permit if you need to make changes to the structure after it's permitted, however, we need to have more detail than just a footprint of the house, especially considering this is ocean front development. Our Rules require that we have copies of drawings showing each floor plan and side view elevation drawings for the structure in order to calculate the total floor area. Without these, I cannot accept the application package as complete and therefore, cannot issue a permit. I recommend finalizing a floor plan and then submitting the paperwork. If you need to make changes in the future, we can do that as long as we are notified. Please call with any questions. Take Care, Jason II Field Repi esentativ N.C.Division of Co* taf 11ana:ageitieiit 127 Cardinal Drive Fvteinsicm At::2 i0 F - Ph:( 1Oi d00.7?ry{ Fax: 3404 Eta 1)1 Jason xiaila ticdeilt IsNV4Y.t1CCOAI,tailnlaal Air e in titaik'= North Carolina D,•p at t mew *Please note that e-mail correspondence to and from this address may be subject to the North Carolina Public records Law and may be disclosed to third parties.* i From: Ulli Johnson [mailto:Ulli@Ullijohnson.com] Sent: Friday, July 13, 2012 11:31 AM To: Dail, Jason Subject: RE: [FWD: CAMA Minor Permit application - 1706 S. SHore Drive, Surf City] Hi Jason, If we submit a floor plan now but the minor permit expires on Dec.31 of the third year following of the permit issuance there must be room to make changes to the floor plan originally submitted. How would we go about minor changes in the future? I realize you are not concerned about the actual look of the house rather then the total floor area and height That's why we drafted the home's total floor area as big as possible, so if it will be eventually smaller it would be no big deal. We are planning to sit down with an architect next week, but would like to get this permit established before we invest more money for architect/custom designing fees, builder ect. as we are still in the due diligence period of the actual Offer to Purchase Contract. Please advise. Thanks Ulli Ulrike "Ulli" Johnson Carolina Coast Properties 910-270-4444 office 910-270-0480 cell www.ullijohnson.com From: Dail, Jason [mailto:jason.dail@ncdenr.gov] Sent: Thursday, July 12, 2012 3:39 PM To: Ulli Johnson Subject: RE: [FWD: CAMA Minor Permit application - 1706 S. SHore Drive, Surf City] No, I do need to see the floor plan showing the total floor area within the structure. Call with any other questions. Take Care, Jason Field b'p* nt.�tit N.C.Division of Co st,tl 't otag tttent 127 Cardinal Drive Extension Wilmington.NC 5 �'.. F"lirlti101,96,7 °2 F.a+t:(0 l 0) cs 4464 _;, Ent ail:l.attontdail@sicctent Aor w sc rtnccoastx#ttianagentent.rret Not tit CA 44inA DepAitMent of }ML-it'view •1tt and '\ tree ad R,• t,,satc .,. *Please note that e-mail correspondence to and from this address may be subject to the North Carolina Public records Law and may be disclosed to third parties.* From: Ulli Johnson [mailto:Ulli@Ullijohnson.com] Sent: Thursday, July 12, 2012 10:58 AM 2 To: Dail, Jason Subject: RE: [FWD: CAMA Minor Permit application - 1706 S. SHore Drive, Surf City] Dear Jason, Quick question for you: From the drawing of the proposed structure we submitted on the application for 1706 S. Shore Dr, we established the total floor area as the maximum within the setbacks as 60'x60'. Would this area of 3600sqft be efficient enough to fill is as I remember you said it would be nice to see the actual floor plan but it's not a must. Please advise! Thanks Ulli Ulrike"Ulli"Johnson Carolina Coast Properties 910-270-4444 office 910-270-0480 cell www.ullijohnson.com From: Dail, Jason [mailto:jason.dail@ncdenr.gov] Sent: Monday, July 02, 2012 11:21 AM To: ulli@iullijohnson.com Subject: RE: [FWD: CAMA Minor Permit application - 1706 S. SHore Drive, Surf City] Thanks for the email Ulli.Absolutely, you can just revise the application package with the changes.As for the FLSNV,that has been located onsite and just needs to be transferred to paper. Hope you're having a great time and I look forward to hearing from you when you return. Thanks, Jason held kepi \.C..Dire ision of Coastal '+A: .., ,...E-. 127C1rd1niaid Drive Extension tllinington,N Phi:(910)7 4 Fa\:(9101345-3904 Email:laso€ xiaili iitcdenr. o% ww SM1t'.n&coA t bitaltagementMe*t Noltlt CAI Olin 4 l,)•"1).t4f4t2*.tiC sri b`11 1tiit iif \»t4ii1,AI 1.;f» 041 _-`_ *Please note that e-mail correspondence to and from this address may be subject to the North Carolina Public records Law and may be disclosed to third parties.* From: ulli@ullijohnson.com [mailto:ulli@ullijohnson.com] Sent: Monday, July 02, 2012 10:06 AM To: Dail, Jason Subject: RE: [FWD: CAMA Minor Permit application - 1706 S. SHore Drive, Surf City] Hi Jason, 3 • thanks for your response. I will connect with my client and determine the Total Floor Area of Proposed Structures as well as the actual house plans. As for the FLSNV, is this something you be able to draw in for us? In addition, is it necessary to submit another whole application package or can we submit the missing items only. Please advise! Thank you, greetings from Germany, sincerely Ulli Johnson Original Message Subject: CAMA Minor Permit application - 1706 S. SHore Drive, Surf City From: "Dail, Jason" <jason.dail@lncdenr.gov> Date: Wed, June 27, 2012 9:51 am To: "dreamgreenisbig.com" <dream@greenisbig.com> Hi Ulli, I received your CAMA Minor permit application for development at 1706 S. Shore Drive, Surf City, NC on 6/25/2012; however, there are deficiencies in your application package that need to be addressed before we can accept the package as complete. Please address and revise the application package per the comments mentioned below. • On the application form, please include the "Total Floor Area of Proposed Structures". In order for the Division of Coastal Management (DCM) to process your request, you must fill in the amount of square footage being proposed. • ON the site drawing, please show the location of the First Line of Stable Natural Vegetation (FLSNV) as determined by the DCM. The reference to the FLSNV shall include the date the line was flagged by a DCM representative. Since I have not flagged this line to date, I will plan on locating the FLSNV for you on 6/28/2012. • On your"Side-by-Side Duplex" drawing, you indicate that "all dimensions and layout are subject to changes within setback requirements"; however, as I mentioned, you must submit plans representing what is actually being constructed/proposed. We cannot permit a project where you have specifically noted that the plans are subject to change. What you intend to build needs to be identified and described on the drawings and in the application package. If your clients have not yet decided on a house plan, I suggest they make their final decision prior to submitting a request for a CAMA permit. In accordance with the Department of Environment and Natural Resources regulations, we note that the application, as submitted on June 25, 2012, is incomplete for processing. 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. Take Care, Jason 4 Jason Dail Field Representative N.C.Division of Coastal Management 127 Cardinal Drive Extension Wilmington NC 241.4,Li , •' V (910)395.3964 '! 4,0 Email:lason.dail@ncdenr.gcn ii CW.tiCcoastaltilanagententJiet 10,04;-, \otth Carolina Department of *lament and Nat'l!al Resources *Please note that e-mail correspondence to and from this address may be subject to the North Carolina Public records Law and may be disclosed to third parties.* 5 AFFIDAVIT OF PUBLICATION STATE OF NORTH CAROLINA min /�� COUNTY OF NEW HANOVER `n� Before the undersigned,a Notary Public of Said County and State, CAMA MINOR PERMIT NOTICE Pursuant to NCGS 113A-119(b),the North Carolina Division of Coastal Keith Raffone Management,an agency authorized to issue CAMA permits in areas of environmental contem, hereby gives NOTICE that on August 9, Who,being duly sworn or affirmed,according to the law,says that he/she is 2012,Markus Schmid applied for a CAMA permit to construct a duplex unit at 1706 S. Shore Or, adjacent Controller to the Atlantic Ocean, in Surf City, Pender County The application may be inspected at the address below. Public comments received by Au- of THE STAR-NEWS, a corporation organized and doing business under the Laws of the State of gust 30, 2012 will be considered. Later comments will be accepted North Carolina,and publishing a newspaper known as STAR-NEWS in the City of Wilmington and considered up to the time of permit decisibn. Project modifica- CAMA MINOR PERMIT NOTICE Pursuant to NCGS 113A-119b, the North Carolina Division tions may occur based on further review and comments. Notice of of Coastal Management,an agency authorized to issue CAMA permits in areas of the permit decision in this matter will be provided upon written re- environmental concern,hereby gives NOTICE that on August 9,2012,Markus Schmid applied quest. for a C 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: 8/15 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. 44 P Tide: Controller S rn or affirmed to,and subscribed before me this c/f day of ,A.D., )L �````ttut�uuunttfr1/r In Testi ony Whereof,I have hereunto set my hand and affixed my offip` r ,the diiiti,, year aforesaid. <<'✓ 1/ Lip tcrpv,vAi'")- ` Ttaty Public; My commission expires 1 Z day of - ,20 1 \� t Ouro q. 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: tlECE!VED 0CM WILMINGTON, NC AUG 2 1 202 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Dee Freeman Beverly Eaves Perdue Braxton C. Davis Secretary Governor Director August 29, 2012 CERTIFIED MAIL— 7007 0220 0000 8224 7144 RETURN RECEIPT REQUESTED Ms. Lou Cheilik PO Box 2813 Surf City,NC 28445 Dear Ms. Cheilik: This letter is in response to your correspondence,which was received by the Division of Coastal Management on July 29, 2012,regarding your concerns about the proposed development by Markus Schmid,at 1706 S. Shore Drive,adjacent to Topsail Sound, in Surf City,Pender County. The project consists of construction of a duplex unit at said address. Theproposed project has been determined to comply with local regulations and the Rules of the Coastal Resources Commission(15 A NCAC 07H.0306),and as such,a permit has been issued to authorize the development. I have enclosed a copy of the permit,as well as,the applicable rules. If you wish to contest our decision to issue this permit,you may file a request for a Third Party Appeal.The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director,Division of Coastal Management,in writing and must be received within twenty(20)days of the disputed permit decision. I have enclosed the applicable forms and instructions that must be filed prior to that deadline.Please contact me at(910)796-7221,if you have any questions,or if I can provide any additional information. Respectfully yours, J n ail,LPO 1 Cardinal Drive Wilmington,NC 28405 One 127 Cardinal Drive Ext.,Wilmington,NC 28405 NsgthCarolina Phone:910-796-72151 FAX:910-395-3964 Internet:www.nccoastalmanagement.net ,Naturally ATA, NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Dee Freeman Beverly Eaves Perdue Braxton C. Davis Secretary Governor Director August 30,2012 CERTIFIED MAIL— 7007 0220 0000 8224 7175 RETURN RECEIPT REQUESTED Construction Interface Services,Inc. Attn:Mr.John Bahr 2 N.Front Street Wilmington NC 28401 Dear Mr.Bahr: This letter is in response to your correspondence,which was received by the Division of Coastal Management on July 29, 2012,regarding your concerns about the proposed development by Markus Schmid,at 1706 S. Shore Drive,adjacent to Topsail Sound,in Surf City,Pender County. The project consists of construction of a duplex unit at said address. Theproposed project has been determined to comply with local regulations and the Rules of the Coastal Resources Commission(15 A NCAC 07H.0306),and as such,a permit has been issued to authorize the development. I have enclosed a copy of the permit,as well as,the applicable rules. If you wish to contest our decision to issue this permit,you may file a request for a Third Party Appeal.The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director,Division of Coastal Management,in writing and must be received within twenty(20)days of the disputed permit decision. I have enclosed the applicable forms and instructions that must be filed prior to that deadline.Please contact me at(910)796-7221, if you have any questions,or if I can provide any additional information. pectfull yours J n Dail,LPO R1 Cardinal Drive Wilmington,NC 28405 Cc: WiRO file One 127 Cardinal Drive Ext.,Wilmington,NC 28405 NorthCarolina Phone:91 0-796-721 5 1 FAX:910-395-3964 Internet:www.nccoastalmanagement.net Naturally +ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. p 0 Agent • Print your name and address on the reverse X 0 Addresse so that we can return the card to you. B. Receiv by(Print Name) C. to of liver • Attach this card to the back of the mailpiece, ,/� 2 I or on the front if space permits. i! - 1 p"4 U 115t if)1 l ''� D. Is delivery address different from item 1? 0 Yes C 1. Article Addressed to: If YES, trdei e` el(l�w: 0 No y C ev>`. /A. k.,-. , DCM WILMINGTON. NC \i ,'~P04201? c 01 Al‘ k-r GJ 1- • 3. ServiceType U Certified Mail ❑Express Mail �N f '/^7 Mc-- V a g• o, CI Registered 0 Return Receipt for Merchandisi 7 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7007 0220 0000 8224 7175 (Transfer from service label) oe r.......QQ11 r..i.........nnnn UNITED STATES POSTAL SERVICE 111111 First-Class Mail Postage&Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • NC DENR Div. of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ElAgent X • Print your name and address on the reverse /C , r i. I/1 • Addresses so that we can return the card to you. „ , Ear, • Attach this card to the back of the mailpiece, FrirA, or on the front if space permits. /4h D. Is delivery address different from Item 1? 0 Y-s V 1. Article Addressed to: If S,ar}Ief ry tifftiffdeliu below: ❑ No C M �,k L'f��,.1, 4 DCM WILMINGTON, NC 1. 1� 19D 8dx -i3 ‘;FP 1 0 2012 3. Service Type 5ii4. G-7 , ��j e Certified Mail ❑Express Mail 0 Registered 0 Return Receipt for MerchandisE 01-8(/ f& 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7007 0220 0000 8224 7144 (Transfer from service label) S Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1st UNITED STATES POSTAL SERVICE •FfrAtassivtail 41:1 tFio;i,tt: tVLLLt tkL rOttglistrFer Alitt Caas!7:af•C.,-2 rot it-N-3, -Permit No. 104 CV; 2 1- Fi CLS C 1.Atitki i';7r • Sender: Please print your name, address, and ZIH+4 tnis DOX NC DENR Div. of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 I. - • • Tr., CERTIFIED MAILTM RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.comw OFFiCIAL Postage $ O Certified Fee Z 5 R C E V D Return Receipt Fee �l �os� j (Endorsement Required) I L M I N C Q N G Restricted Delivery Fee , Ci j (Endorsement Required) A 3 0 202 u U Total Postage&Fees Sent To /� /)•S I'--4 - (-figs-Ake r ke 7 Street,PO orPOApt.N. nD a / Box No. l(/ City,Swintate,ZIP+4 Ste. c Nc• des y�� ;edified Mail Provides: I A mailing receipt A unique identifier for your mailpiece I A record of delivery kept by the Postal Service for two years mportant Reminders: Certified Mail may ONLY be combined with First-Class Mails or Priority Mail, I Certified Mail is not available for any class of international mail. NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fa valuables,please consider Insured or Registered Mail. I For an additional fee,a Return Receipt may be requested to provide proof o delivery.To obtain Return Receipt service,please complete and attach a Retun Receipt(PS Form 3811)to the article and add applicable postage to cover thi fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver fo: a duplicate return receipt,a USPS®postmark on your Certified Mail receipt it required. For an additional fee, delivery may be restricted to the addressee o addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". If a postmark on the Certified Mail receipt is desired,please present the arti cle at the post office for postmarking. If a postmark on the Certified Ma receipt is not needed,detach and affix label with postage and mail. MPORTANT:Save this receipt and present it when making an inquiry. 'S Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 Markus Schmid&Sylvia Liebing-Schmid 16 310 Whitebridge Road 66-19/530 NC .1 r Hampstead,NC 28443 f 1856 U.S.A. ? Date Feeha Pay to the Order of C . �T. ?Sr, 4 — L J) E� y) I $ Pa,�uese a la Orden de �{/�/� j( J' /� / © !� 0/(6_ Cp C v( t /\ 0 k�c t/i f Bank of America Dollars Ddlare.s ro . Bank of America Advantage® ACH H/T 053000196Pant '7 For Qf- . A ,