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HomeMy WebLinkAbout47-21 Barker, PhillipPermit Class NEW Permit Number 47-21 STATE;,UF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Philip Barker, 2005 Eastwood Road, Wilmington, NC 28403 Authorizing development in New Hanover County at adi. to Bradley Creek, at 2509 Shandy Lane, in Wilmington, as requested in the permittee's application dated 2/13/21, including attached updated workplan dated 2/13/21. This permit, issued on April 15, 2021 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation Il L11000 LG11113 May Uc JuuJcl L LU 1111Ga, 11111JLMU1a11G11L U1 L ivn a"ivi1, Ul may L,auac uic llcuuiL Lv Uc 11u11 Lulu vv1u. Docking Facility 1) This permit authorizes only the docks, piers, floating platforms, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. (See attached sheets for Additional Conditions) This permit action may be appealed by the permiffee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Philip Barker Permit No. 47-21 Page 2 of 3 ADDITIONAL CONDITIONS 3) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 4) The authorized structures and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the existing pier headline. 5) Any portion of the permitted access pier and docking facilities built above Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 6) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 7) This permit authorizes a maximum of three (3) formalized boat slips. 8) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's area of riparian access. 9) Any structure deemed an accessory structure by the City of Wilmington shall not be constructed prior to the approval and authorization of the City, including but not limited to the requirement that a principal structure be erected on the parcel prior to the use of any accessory structures. USACE Conditions 10) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee guidelines pdf. General 11) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 13) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any authorizations required from the City of Wilmington. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 (Action ID SAW-2003-01144). Philip Barker ADDITIONAL CONDITIONS Permit No. 47-21 Page 3 of 3 NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2020-1980. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water. NOTE: An application processing fee of $250 was received by DCM for this project. a DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant:_I Type: (Check all that apply) New ' /_ Major Mod Permit Coordinator: Permit# Minor Mod Renewal Transfer U-L y C � uv, �-_- Field Representative: -- Date Time Message Lu P Vcn4preakx.-, Sv C3Div is I o K4s OF \AWh lzfflvn/, 601cS (DI1UdM?y DoCACiNJ67 r*(U7k-1 )JO% t*UING Gplv'l (C�(,�d�S Ul�'�GI�F�N7 LOTS o M> 5 ►�- 21 f�p�l vt c �� cA-�EiU OFF ►�UZ l> CI i f df- ELM D k Lq (H4&&c1 —Pc, RM �; �SsLlt-b P.O. Box 11291 Wilmington, NC 28404 www.plppinmadnecvm February 24, 2021 NCDEQ 127 N. Cardinal Drive Wilmington, NC 28405 The enclosed CAMA Major Permit Application is for applying for a major permit to install a 6 x 15 fixed Be will be a total of 3 slips. The slips will be for private u The project proponent hereby certifies that all inf complete to the best of my knowledge and belief. The project proponent hereby requests that the 401 certification request within the applicable 1 Thank you, P PP Pippin Marine Construction, LLC Office/Fax 910-270-1290 Mobile. 910471.2034 trip@pippinmarinecom it Barker at 2509 Shandy Lane. The applicant is fs dock leading to a 6 x 83 floating dock. There and not open to the public. n contained herein is true, accurate, and authority review and take action on this CWA period of time. RECEIVED MAR 0 2 2021 MP SECTION DCM - MHD CITY Piers -Pilings -Boat Lifts - Bulkheads- Floating Docks- Residential &Commercial Marine Construction Since 1984 APPLICATION for _. Major Development Fermi pant rwviu a 121271oa) North Carolina DIVISION OF COASTAL MANAGEMENT I. Primary,-Applicant/,Landownerinformadon I Business Name fi'm)ect Name (d applicable) Ii Applicant 1: First Nam ' MI Last Name i a Applicant 2: First Name MI Past Name i If additional applicants, please attach an additional page(s) with names lisod. Mailing Address PO Box City State ZIP l �� 703 Country U( S� Phone No. FAX No. /l� 2?� -2276Z0 exl. Street Address (if different from above) �ty i State ZIP Email k a�.�/ 2 - Age,7t/Contractorinfonnadon- Business Name N GP l/ram S dt� �vl�P Agent! Contractor rst Name MI U st Name AgenVConbactor2 First Name. MI Li at Wade Mailing Address PO Box 11241 City ��grNigjo� State C. ZIPC;2.0� Phone No. 1 Qiv- �1-tea wd. Phone No. 2 exL FAX No. Contractor # Street Address (ddffererd from above) Ci, State Zip Email <Fonn continues on back> MAR 0 8 2021 25,2-BQ6.2Eg8 1• �• nrrr-OCV r ruty BfiS•R. PtCOn,.,ri :. vvw.:�a:coas4a6snaaxagca :�r s:a1.�DW-MHD CITY Form DCM MP-1 (Page 2 of 4) APPUCATION for Major Development Permit t Location e multiple) Street Add State Rd. # KSubdivision afiremeC;; � zjp �®It 1 0lilt e., ,At No.(s) (IF many, affach addlflonal page whh list) ext. a. In which NC riverbasln is the project located? b. Name of body of water nearest to proposed project c. Is the water body identified in (b) above, natural or manmade? ❑Natural ❑Manmade ❑Unknown C. Narnotijecaosestma]or water body to the proposed project site. / / L ✓q�irt°I G. Is proposed work within city limits or planning jurisdiction? AYes []No a applicable, list the planning jurisdiction or city lima the proposed work falls wIt/1y'n. I l2.)l /' 1e f j e Lee 4. Site Description a. Total length of shoreline on the tract (1) * I2.! ' b. Size of entire tract (sq.g.) I A C. Size of individual lot(s) 4 Appmximate elevation of tract above NHW (normal high water) or (if many lof Sims, please attach additional page with a list) NWL (normal waterlevaq ❑NHW or*WL e. Vegetation on tract gmsi Law I. Man-made features and uses now on tract i g. Identify and describe the existing land uses adjacent to the proposed p ject sae. h. How does local government zone the tract? I. Is he proposed project consistent with the applicable zoning? r (A tech zoning compliance certificate, If applicable) a es ❑No []NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes o k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes o ❑NA If yes, by whom? I. Is the proposed project located Ina National Registered Historic District of does a Involve a []Yes o ❑NA National Register listed or eligible property? <Form continues oft next page> I 2�2-SpS-2ars8 .. 4.9&9-.4RCS5ASf'E' .. la wr ca.�teeoast:aBra a rea ate mcnR.a 1 .T, C MAR Or 202) MP SECTION 7W-IV FAD CITY Font DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit M. (I) Are there wetlands on the site? Yes ❑No (If) Ara there coastal wetlands on the sits? i *as ,J as ❑No (ili) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes *No (Attach documentation, Bavadable) n. Describe existing wastewater treatment facordes. Se/0 C o. Describ�sting dunking water supply source. p. Describe existing storm water management or treatment systems. 5 Activities and Impacts a. WIIJ the project be for mercial, public, or private use? mercial PublfrJGovement ❑Com❑m �� zF4e— I XirivatelCommunity, b. Give a brief descriptionofpurposeause, and daily operations of the/ roject when complete. „D l�r rU27G cCoc�.f�r � 1�2CJfJOr.,� c. Descdbe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. d. List all development activities you propose. 1p X /S //X a. Are the proposed activities maintenance of an eds ng project, new worlf, or both? 7e f. What is the approximate total disturbed land area resulting from the prosed project? ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public a sway or other area that the public has established use of? Oyes o ❑NA h. Describe location and type of existing and proposed discharges to waters of the state. I I l I. Will wastewater or stormwater be discharged Into a wetland? ❑Yes o DNA If yes, vhif this discharged water be of the same salinity as the receiving )eater? ❑Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes o ❑NA If yes, attach a mitigation proposal. RECEIVED <Fonn continue on backa MAR 012021 z�a-aua-zaps ::-saa-aeacrrasr :: huvvw.nccuascaa MP SECTION }I DCM - MHD CITY I Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 'S Addidonaunformation 'In addMon io f lli completed application than, (MP-1) Me Wowing items below, i1 applicable, must be submi ed in order forMs appNwtlon package to be complete. items (a)'- (0 are alwaysapplicable to any mqjord6elcpment application. Please consult the application instruction booklet: on how,to properly pmpi ro the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sections'dirawhngs) drawn to scale. Please give the present status of the proposed project Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. c A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument and r which the applicant daims title to the affected properties. e. The appropriate application fee. Check or money order made payable 110 DENR I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified m U. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of C astat Management k r'SgF/P` "$7t7O$AF,Phone No. Address rDl+idi' ll/i� ie��9>ro� l�C. / 7,940? �l�®h Name �� Phone No. Address Name y1 AGPhone No. �'/v9-,�a"D�OP Address o2S05's A) / /' ♦� g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permiaee, and Issuing dates. I h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. J. A signed AEC hazard notice for projects In oceanfront and Inlet areas. hfust be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C. .S. 113A 1-10), If necessary. If the project involves eimendibire of public funds or use of public lands, attach a statement documenting mpllanco with the North Carolina Environmental Policy Act to Enter on i unaersiano mat any permit issued in response to this application will allow only the development described In the application. The project will be subject to the conditions and restrictions contained In the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. 1 further certify t at the information provided In this application is WAfful to the best of my knowledge. Date s Print Name /I`/�1/j�/d�pjy Signature Aye. Please Please indicate application attachments pertaining to your proposed project. I]DCM MP-2 Excavation and Fill Information pDCM MP-5 Bridges and Culverts OI)CM MP-3 Upland Development DCM MP-4 Structures Information RECEIVED MAR 0 2 2021 252-a0II-7.afr0 .. 9-aaa-4ltCOia S'I' .. �lro uv w.ncc�ast: r..l esrarRae�ement, Y bIaC;TIQN 6� - MHD CITY Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACIUTY)MARINA CHARACTERISTICS a. (I) Is the docking facility/madna: ❑Commercial ❑PublicfGovemmeM rivate/Community C. (I) Docks) and/or piers) (11) Number (ill) Length (iv) width _ 6 (v) Floating ❑Yes XNo e. () Are Platforms Included? Kyes []No If yes: (ii) Number 1 (ii) Length (iv) Width (v) Floating *es []No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed (i) Number of slips existing I. Check the proposed type of siting: ❑ Land cut and access channel []Open water, dredging for basin and/or channel ❑Open water, no dredging required []Other please describe: r k. Typical boat length: S m. () Will the facility have tie pilings? ❑Yes k10 (1) If yes number of tie pilings? ❑This section not applicable () Will the f ci' 6e open to the general public? ❑Yes Ro (i) Are Finger Piers included? []Yes XNo If yes: (i) Number (ii) Length _ (Iv) Width _ (v) Floating []Yes ❑No () Are Boatrdts included? ❑Yes VNo If yes: (t) Number (iii) Length _ (Iv) Width Check all the types of services to be provided. ❑ Full service, including travel lit and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage (Wet slips) only, number of slips: _ ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ OtheC, please describ �tUa/ e oc�'s•o� Describe the typical boats to be served (a. ,open runabout charter boats, sail boats, mbred types). (i) Will the fact' a open to the general public? ❑Yes No RECEIVED MAR 0 12021 2524108-200P •• ;F• " •' - -v 4.-.GC.hc;'F' :: :1•UPatS Y:CCC �3.WSSi ---- —' ------ --- I - DCM Form DCM m p—op (.rEras =.zFG s3 r a:Me > us 4" Z DOCKING FACIUTY/MARINA OPERATIONS I This section not applicable a. Chock each oi.the following sanitary facilities that will be included in fha proposed project. ❑ office Toilets ❑ Toilets for pawns; Number. _; Location: ❑ Showers ❑ Boathold'mg tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. i c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (I) Give the location and number of 'No Sewage Discharge signs (III Give the location and number of °Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing idustrial type pollytants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? M, in. urve me number or cnannei mamers and -No Wake- signs proposed. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. I I What will be the marina policy on overnight and live -aboard dockage? Describe design measures that promote boat basin flushing? If this project is an expansion of an existing marina, what types of services re currently provided? Is the marinafdocking facility proposed within a primary or secondary musei ❑Yes []No V area? MAR 0'2 2021 MP SECTION D M - Mun CITY -646-z8!t8::^-SS2-dFtCt;ASz'::v_nz✓.nccoa.:iain_;:.s.�LLt__�_{d.r: I E :exlse:!t-,',V?7;0b FOgm DM& 314P-4- �Itaaru$€tros, ro"f2, 3 n¢ 4? n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No I o. Is the madnaldocking facility proposed within or adjacent to coastal wet (SB), or other wetlands (WL)? If any boxes are checked, provide the ❑CW _ ❑SAV ❑SB _ OWL _ ❑None P. Is the proposed marinaldocking facility located within or within close I If yes, give the name andaddress of the leaseholder(s), and give the (CM, submerged aquatic vegetation (SAV), shell bottom quare feet affected. to the lease. leases? ❑Yes []No 3. BOATHOUSE (including covered lifts) This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliclGovemment ❑PrivateiCommunity (i) Number (iii) Length _ (N) Width Note: Roofed areas art calculated from ddpiine dimensions. i 4. GROIN (e.g., wood, sheelpile, etc. If a rock groin, use MP-2, Pxc vafion and Fill.) This section not applicable a. (ii Number (ii) Length (i) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) This section not applicable a- Length _ b. Average distance from NHW, NVVL, or wetlands I --- c. Maximum distance beyond NHW, NWL or wetlands i I I S. MOORINGPILINGS and BUOYS This section net applicable a. Is the structure(s): b. j Number uwnmiahuai uruonrvt;ovemment tupnvatelcommunity C. Distance to be placed beyond shoreline Not&: This should be measured from marsh edge, if present. e. Arc of the swing _ 7. GENERAL I Description of buoy (color, inscription, size, anchor, eta) I RECEIVED MAR 0 E 1011 i MP SECTION DCM - MHD CITY 252-808-2808::: ageIRCOAST::,rnrrv,•.nr_e_=i31t':,lrs=4sirx�an..ne�`. rsvisev: •72/17iOS :i'orm a`elcan Stdip-&3 (strraa.aWes, page a. Proximity of structures) to adjacent riparian property lines b. Proximity of structure(s) to adjacent dodiing facilities, 22 ° 30 Note: Forbuoy or mooring piling, use arc of swing including length of vessel. c. Width of water body e. () Will navigational aids be required as a result of the project? ❑Yeso ❑NA (ii) If yes, ftlain what type and how they will be hnplemented. d. Water depth at waterward end of structure 119r NWL 4!�r 8. OTHER El This section not applicable a. Give complete description: Data &ode _ Project Name Applicant Name Applicant Signature RECEIVED MAR 0 2 2021 MP SECTION DCM - MHD CITY 252-808.7809 :! ri-84TS-4RCOA.ST :: ro w2,��..Nr,•,o6 ' .3 T[1. 9f0-6a0-3J)4 New Home Property Address: 2509A Shandy lane Plot Plan Barker Residence Design SOIULiONS Y (a v n� westPo�tD Tract I Tract 2 f3 ue. 6[IIn " 138'i \\ fauMi. 113B1. e.l. Houee \ \ \ \ General Notes: I. NHeo PIN: 315607.50JI83 N 2. Total TnR!veal 2.62 ac, (114.153 p. j 3. Za., D.strct: R-20 'I, / N w i 9)Te3'rT[ �ggi5 5 I I Graphic 5cale eR 3y�w ,o>a 00 60 40 20 0 90 60 160 aAan. wB>y m _. I� RECEIVED MAR 0 2 2021 MP SECTION DCM - MHD CITY UM W REC SWAPON Cardinal Point, LLC Wendt Tracts OIYW WiWINGi N NANOY CWN) omms GRDWA MNT• LLC 1W WEST ORE Yf E R.If . N.C. 27609 DAM DEC 32 20M mar 1 Ws�• I mess 1 \ ____„ _____ TRACT2 2WA _ i I yw,y.e ---- RECEIVED —»o MAR 0 2011 -� d M_ZI• AVAOAe�^ MP SECTION DCM - MHD CITY a:mvmw. �• ,.m.,�,��.®r�,„y "°5�, HANOVER DESIGN SERVICES, P.A. �F _ __ �7-k`x� aall oo-�Bo4 �vm smcros oa.� uw n..mv a"v�cmv xc Y un s awm UA 0. RECWPINARM Cardinal Point, LLC Wendt Tracts IN OF vnwmcioN x[w xANowx couxn CARUN C04M DR LLC RA N , a 276 LM'E RALEItlI, KC 1J609 1A1. DEC 22, 2= rem weir 1 �� N191 wnv�vfr v wra i u %, \ \•\ I r] 4l .aa ]mav] I fSA 15121 TRACT irek TRACT2 Af6Y 1 I I \ 1 wY �Yc � qN I I ranrr rmf \ 1 f-m tivw. �L• �.R.�rs � •i•� tee.` LOCATIONM �.p ILI M4'h RECEIVED MAR 02 2021 MP 8EC710N DCM-MHO HANOVER DESIGN SERVICES, PA. wn.w.c.ws ovac n.nvw u�cmv, nc m1w 2CyWpI��A IA''I OM gA2k21 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Pkilip Barker COUNTY: New Hanover PROJECT NAME: 2509 Shandy Lane LOCATION OF PROJECT: 2S09 Shandy Lore, adjacent to Brad Ly Creek, vdmingron DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11-20-20 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Amico DISTRICT OFFICE: WILNUNGTON DISTRICT MANAGER REVIEW: l' 144C, B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: $250#S641 APPLICATION ASSIGNED TO: Weychert PUBLIC NOTICE REC'D:12-17-20 END OF NOTICE DATE:1-7-21 ADJ. RIP. PROP NOTICES RECD: _ DEED RECD: Yes C) 75 DAY DEADLINE: 2-3-21 150 DAY DEADLINE: _ HOLDS:— 7.-m - 'I --y �i — MAIL OUT DATE: 12-14-20 STATE DUE DATE: 1-7-21 PERMIT FINAL ACTION: ISSU4-16-ZI DENY AGENCY i DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM-Field Rep -��-w, CO�Uf3Aiu DCM - LUP Consistency Determination Local Permit officer -1 - -Its-2D 1i '/�- wQ CANFt tG tS Corps of Engineers - Regulatory Branch x 3 ' b 1(P 5 DWR-401 Section 2• (�. IAIJO Q0 Public Water SupplyR-StormwaterR- Sod and Erosion t State Property Office - Z Wildlife Resources Commission DMF— Shellfish Section 12—�� 20 DNF -Habitat & Enhancement DNCR - Archives & History I - DNCR - Natural Heritage Program NCDOT NC Dept of Commerce RECOMMENDATIONS FOR Philip Barker 12/10/20 Shoreline length = -300 LF x 8 SF/LF = 2000 SF (maximum allowable platform area) Existing floating dock (6' x 87) = 522 SF (not counted due to alignment credit given) Existing floating dock (6' x 34') = 204 SF Existing jet ski floating platforms (2 @ 6' x 9') =108 SF Existing boat house (17' x 27')= 459 SF Proposed fixed access pier (6' x 15') = 90 SF (counted due to second access) Proposed floating dock (6' x 125') = 750 SF Total =1611 SF It is the staffs recommendation that the construction of the new private community docking facility, resulting in the incorporation of 750 SF of public trust waters, and shading of 90 SF of coastal wetlands, is CONSISTENT with the Rules of 15 NCAC 71-1.0208 (b) (6) Specific Use Standards for Piers and Docking Facilities. The application states that the docking facilities would provide docking space for four (4) more vessels at this location for a total of 8 slips in water depths of 2.0' to 4.0' @ NLW. The proposed structure would be located,over open water and within the adjacent riparian corridor of the applicant, according to the application materials. In the absence of any concerns from the commenting agencies, it is recommended that a permit be issued if the applicant is able to secure subdivision approval from local permitting authorities and,if City Of Wilmington CAMA Land Use Plan definitions on waterfront communities are amended, thus becoming consistent with applicable City of Wilmington ordinances. This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. It is recommended that any permit issued should include standard conditions for docking facilities. ROY COOPER Y ± MICHAEL S. REGAN BRAXTON DAVIS December 14, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator RECEIVED NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) DEC 1 b,1010 curt.wevchertnc.NCDEN R.gov MP SECTION SUBJECT: CAMA DCM - MHD CITY Applicant: Philip Barker Project Location: 2509 Shandy Lane, adjacent to Bradley Creek in Wilmington, New Hanover County Proposed Project: Proposal to expand a private docking facility with a second access pier & floating dock to serve as a new community facility (pending local subdivision approval for future development). This will increase the facility by four (4) slips to a total of eight (6) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by January 7, 2021. If you have any questions regarding the proposed project, contact Patrick Arnica at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME— Y) 1 r �►� AGENCY _UA LL. �11 1 � SIGNATURE DATE1.1-- Z® *Cwlcs L01 ��Il 3. n 0� Zoo(, CYv��4 flan. W ata S fYl tia< I 5 Stara dNmh Carnliw L•'nwronmenml Quality Coastal Al:magrnuni 1 _' i Cardinal Dncc Est, Wihmngmn. NC 28405 919 706 721 i rryoF Wc yy.,, J N "SGI'ON k r NORTH CAROLINA Doug Huggett DevelopmeM Services 320 Cheatnd street PO Box 1810 Wilmington, NC 28402-1810 910 254 0900 9103413264fax YAWngtonnc.gov Dial 711 T1Y/ Re: 0 Parkshore Dr., Shandy Point Subdiv., adjacent to the entrance channel of the Shandy Point Boat Basin & Greenville Sound, Wilmington, NC, New Hanover County Comments on Shandy Lane Community Boating Facility Proposal August 3, 2012 The proposal is in conflict with the 2006 Wilmington -New Hanover County Joint CAMA Plan and Section 18-260 of the City Land Development Code in two significant ways: 1. Both the CAMA Plan and the Code allow community boating facilities to be designed and maintained only without dredging in any SA waters, Outstanding Resource Waters (ORW) or Primary Nursery Areas (PNA). Waters at the location of the proposed project are classified as -- --- - - -SA—The area isalso designat®d_a Primary Nursery Area. _ ___-- 2. The intent of Policy 3.18 of the CAMA Plan and Section 18.260 of the Code is to permit a community boating facility for a "waterfront community" in lieu of individual private docks, under the theory that a single community facility Impacts a shoreline area less than multiple single private docks with the same number of slips. It is the intent that rights to a community boating facility are derived from surrendering the rights of at least five waterfront lots that _hays the.by-right-ability to individually permit docks. This community does not have five lots - that -meet -the definition of waterfront lots In the CAMA Plan, and therefore, is not a waterfront community and a community boating facility would not be permissible. RECEIVED DEC 16.1010 MP SECTION DCM - MHD CITY ROY COOPER ram. Governor y MICHAEL S. REGAN .S'ecremry BRAXTON DAVIS NORTII CAROLINA Direcmp Division aft o,,onl b.ar 'mmnenlal 011oh p Management December 14, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) c u rt. wevc h e rt(a) N C D E N R.g ov SUBJECT: CAMA Applicant: Philip Barker ' Project Location: 2509 Shandy Lane, adjacent to Bradley Creek in Wilmington, New Hanover County Proposed Project: Proposal to expand a private docking facility with a second access pier & floating dock to serve as a new community facility (pending local subdivision approval for future development). This will increase the facility by four (4) slips to a total of eight (8)'slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by January 7, 2021, If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NCDMF/Shellfish Sanitation SIGNATURE for Shannon Jenkins DATE 12/16/2020 State ofNonh Carolina I Enviromnental Quality I Coastal Management 127 Cardinal Drive Est., Wilmington, NO 28405 919 796 7215 RECEIVED DEC 16 2020 MP SECTION DCM - MHD CITY ROY COOPER Gomm., MICHAEL S. REGAN Serretan. BRAXTON DAVIS Dhwdor, Dirtaion ofCwutn! Mnnngemew December 14, 2020 MEMORANDUM. FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ -Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12.09) curt.wevchertcMNCDENR_gov SUBJECT: CAMA Applicant: Philip Barker Project Location: 2509 Shandy Lane, adjacent to Bradley Creek in Wilmington, New Hanover County Proposed Project: . Proposal to expand a private docking facility -with a second access pier $ floating dock to serve as a new community facility (pending local subdivision approval for future development). This will increase the facility by four (4) sllps to a total of eight (6) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by January 7, '2021. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth -comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments maybe attached" X_ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRI-wr NAME -t+`oj a. Gr- e r 'AGENCY A),ew 4ano4ep - Cou ,ti RECEIVED SIGNATURE DEC 16 2020 MP SECTION DATE e� 1 f zuz0 DCM - MHD CITY Stara ofNorth Cmolma I Emmonme l Qmlity I Coastal Managemrnt 127 Cardinal Drive &L, W'Imingloa, NC 28405 919 796 7215 !„.,. ROY COOPER ,',. Governer MICHAEL S. REGAN 5'ecret"y BRAXTON DAVIS NORTH CAROLINADirector, Division ufCoastal h'nrU'omnenral 0uRHQ' Management December 14, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-W30 (Courier 11-12-09) curt.wevcherta()NCDENR.gov SUBJECT: CAMA Applicant: Philip Barker Project Location: 2509 Shandy Lane, adjacent to Bradley Creek in Wilmington, New Hanover County Proposed Project: Proposal to expand a private docking facility with a second access pier & floating dock to serve as a new community facility (pending local subdivision approval for future development). This will increase the facility by four (4) slips to a total of eight (8) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by January 7, 2021. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. -- — Mark Brown FRINT_tJAIVIE AGENCY SIGNATURE DATE Public Water Supply 12-15-20 &,r State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ezt, Wilmington, NO 28405 9197967215 0 December 14, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(d!NCDENR.00v SUBJECT: CAMA Applicant: Philip Barker ROY COOPER (iurcrrrnr MICHAEL S. REGAN Serrctm7 BRAXTON DAVIS I)irencr. Unevnn nr('onuu! A:unage�unq Project Location: 2509 Shandy Lane, adjacent to Bradley Creek in Wilmington, New Hanover County Proposed Project: Proposal to expand a private docking facility with a second access pier 6 Floating dock to serve as a new community facility (pending local subdivision approval for future development). This will increase the facility by four (4) slips to a total of eight (8) slips. Please indicate below your agency's position or viewpoint on the proposed project and return'this form to Curt Wevchert at the address above by January 7, 2O21i If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Four proposed slips and four existing slips totaling 8 slips PRINT NAME Wanda Hilliard AGENCY State Property Office SIGNATURE DATE January 6, 2021 Slate of Ninth Cmolina I Emmamemal Quality Coastal Mmmgcmcnt 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 ROY COOPER Governor a MICHAEL S. REGAN Secretary BRAXTON DAVIS NORTH CAROI.INA Director. Division ojC'oaslal /,'nn lrofw wal 0IIOI11)' Management December 14, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cu rt.wevchert(a)NCDEN R.gov SUBJECT: CAMA Applicant: Philip Barker Project Location: 2509 Shandy Lane, adjacent to Bradley Creek in Wilmington, New Hanover County Proposed Project: Proposal to expand a private docking facility with a second access pier & floating dock to serve as a new community facility (pending local subdivision approval for future development). This will increase the facility by four (4) slips to a total of eight (8) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by January 7, 2021.. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kimberlee Harding _v AGENC,I( NCDMF SIGNATURE /�6� S 1 RECEIVED DATE 11/11/2021 JAN 11 2021 State ofNoah Carolina I EnviromtMP SECTION Quality Management DCM' MHO CITY 127 Cardinal Drive Fat., Wilmington, NO 28405 919 796 7215 ROY COOPER ,,,.,,: " MICHAEL S. REGAN RECEIVED BRAXTON DAVIS �-Zo•%L.&-L>I December 14, 2020 JAN 1.8 2021 MP SECTION DCM — MHD CITY FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12.09) cu rt.weVchert(d2NCDEN R.gov SUBJECT: Applicant: Project Location: Proposed Project: CAMA Philip Barker 2509 Shandy Lane, adjacent to Bradley Creek in Wilmington, New Hanover County Proposal to expand a private docking facility with a second access pier& floating dock to serve as a new community facility (pending local subdivision approval for future development). This will increase the facility by four (4) slips to a total of eight (8) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by January 7, 2021. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. V This agency approves of the project only if the recommended changes are incorporated. Seed. he 1c�l, This agency objects to the project for reasons described in the attached comments. PRINT NAMEL[.0 neti I . ".I no AGENCY Nc- —1 RC. SIGNATURE VIrA.s�I DATE I- a --2-07—I •-?�' =-j� �.I�I�wvc �) 1a7� New t-b�levea_ —r}r :j L�i-iC�INS1 L'YI A, I', L-pi if 1 / e,.,n ATrl � 1 �t�ir(i pn�A r�suur'rps. State of North Carolina I Environmental Quality I Coastal Ma g®eon / v fl, erccyl Is C i e 1G.. I.t A) 127 cardinal Drive Ext, Wilmington. NC 28405 91979672151 / u NNAMEfff m d~ .W o®. Weychert, Curtis R From: Sams, Dan Sent: Friday, January 15, 2021 3:35 PM To: Weychert, Curtis R Cc: Pietila, Tanya K Subject: RE: CAMA Major Application: Kathy Rowlett & Mandy Norton Projects that I haven't responded to: Towana LLC: No comment Dan Wall: No comment P.L. and Frances White: No comment National Gypsum Company: Erosion & Sediment Control application and approval are required for the dredge site if not currently permitted and review under the Stormwater Program requirements. Bill Clark Homes: Erosion & Sediment Control and Stormwater Program applications and approvals are required. Ery Kehaya & Jam Properties, Inc.: Erosion & Sediment Control and Stormwater Program applications and approvals are required. Cameron Ward: No comment Philip Barker: No comment Dale Ardizzone: No comment Darby and Stertzer: No comment Town of Oak Island: Land disturbing activity landward of the first line of stable vegetation and exceeding one acre will require Erosion and Sediment Control application and approval and review under the Stormwater Program requirements. Christie and Roy Hawkins: No comment Ellis Tinsley: No comment Sunset House FBI, LLC: No comment Ruegg family: No comment Rowlett & Norton: No comment Sorry that I keep getting behind. dan.sams From: Pietila, Tanya K Sent: Friday, January 15, 2021 3:05 PM To: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Christenbury, Mike <mike.christenbury@ncdenr.gov>; DCR - Environmental_ Review <Environmental.Review@ncdcr.gov>; Butler, Rodney A <Rodney. Butler@ ncdcr.gov>; Zeigler, Mark D <mzeigler@nccommerce.com>; Harris, David B <david harris@ncdot.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; CBouffard@nhcgov.com Cc: Weychert, Curtis R <curt.weychert@ncdenr.gov>; Elks, Katharine B <katharine.elks@ncdenr.gov>; Cannon, Amanda J <Ama nda.Ca n non @ ncdenr.gov> Subject: CAMA Major Application: Kathy Rowlett & Mandy Norton Hello All! Received: 1 /14/2021 aHistoric Preservation Office ER 21-0097 NORTH CAROLINA F7uvironn�enml Ouufirj• December 14, 2020 MEMORANDUM: Due: 1 /21 /2021 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Cour'ler 11-12-09) curt.weychert(a) NCDENR.gov SUBJECT: CAMA Applicant: Philip Barker ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Di aaa, ofCa-1-1 Managemem NC - SBA 1 /20/2021 Project Location: 2509 Shandy Lane, adjacent to Bradley Creek in Wilmington, New Hanover County Proposed Project: Proposal to expand a private docking facility with a second access pier & floating dock to serve as a new community facility (pending local subdivision approval for future development). This will increase the facility by four (4) slips to a total of eight (8) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by January 7, 2021. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY SIGNATURE DATE Historic Preservation Office 1/21/2021 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 919 796 7215 RECEIVED JAN 21 2021 MP SECTION DCM - MHD CITY DocuSJM Envelope ID: 9C75CD7C-E00E-48B7-9137-57D168465DA2 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Philip Barker 2005 Eastwood Road 5-201 Wilmington, NC 28403 NORTH CAROLINA Enyb n entaf Quality February 11, 2021 Subject: No Written Approval Required 2509 Shandy Lane — Wilmington, NC 28409 Dear Mr. Barker: DWR # 2020-1980 New Hanover County RECEIVED FEB 1 1 1011 MP SECTION DCM - MHD CITY The Division of Water Resources (DWR) has received a copy of your CAMA Major application request dated received by this office on December 14, 2020. DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 or 197800056 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In accordance with the attached General Certification #4175 (GC 4175), the impacts described in your application do not require written authorization to utilize GC 4175. However, you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): D_EQJ� North Carolina Department of Environmental Quality IDivisIonofWater Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 DocuSiNn Envelope ID: 9C75CD7C-E00E-4B37-9137-57D168465DA2 Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 2509 Shandy Lane - Wilmington, NC 28409 DWR# 20201980 Page 2 of 2 Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact Tyler Benson at 910-796-7336 or tvler.bensondZDncdenr.gov if you have any questions or concerns. Sincerely, 'Docusisnee ey: EE3ABA AC7D Morelia Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 cc: Curt Weychert, DCM Morehead City Office, EC Greg Currey, USACE Wilmington Regulatory Field Office, EC Trip Pippin, Consultant, EC DWR 401 & Buffer Permitting Branch file-LF WiRO RECEIVED FEB 1. X, n111 MP 5EC710N DCM - MHD CITY Weychert, Curtis R From: Stokley, Matthew Sent: Monday, March 15, 2021 12:47 PM To: Weychert, Curtis R Cc: Haines, Andrew; Humphrey, Jeremy Subject: Phillip Barker Revised Permit Application Shellfish Sanitation still has "No Comment" on the proposed changes to the Phillip Barker Permit Application. Thanks. Matthew Stokley U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2003-01144 County: New Hanover County U.S.G.S. Quad: Wrightsville Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Philip Barker Address: 2005 Eastwood Road S-201 Wilmington NC, 28403 Telephone Number: RECEIVED MAR 2A 2621 Size (acres) Nearest Town Wilmington NIP SECTION Nearest Waterway Bradley Creek River Basin Onslow Bay DCM - MHD CITY USGS HUC 03020302 Coordinates Latitude: 34.206718039 Longitude:-77.8249518 Location description: The site is on an unnamed canal connected to Bradley Creek at 2509 Shandy Lane, Wilmington, NC 28403. Description of project area and activity: The proposal is to add an additional docking facility at this property. A fixed access pier (15' x 61 will extend in an easterly direction from the bulkhead, perpendicular to the shoreline. The access pier will lead to a eangway. which will lead down to a proposed floating dock (6' x 125') extending parallel to the shoreline. The floating dock will create four boat slips. The dock will cover 750 square feet of estuarine waters including 90 square feet of coastal wetlands. Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: 197800056 Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammailmanatee_guidelines.pdE SEEATTACHED RGP GENERAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and drawings dated October 16, 2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 523-1151 or Greeorv.E.CurreyUDusace.army.mil. CURREY.GREGORY.E10M .GRf RYFOGME10510 U G E N E.1051011950 11950 Corps Regulatory Official: . D..2011.W161&1519i W Date: March 26, 2021 Expiration Date of Verification: December 31, 2021 A. Determination of Jurisdiction: 1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued . Action ID: SAW- B. Basis For Jurisdictional Determination: C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Actjurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers RECEIVED South Atlantic Division Attn: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room l OM IS MAR 2 6 2021 Atlanta, Georgia 30303-8801 MP SECTION DCM - MHD CITY Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Digitally signed by CURREY.GREGORY.E CURREY.GREGORY.EUGENE.105101 UG EN E.1051011950 Corps Regulatory Official: fDate: 2021.03.26 16:17:04-04'00' Gregory Currey Date of JD: Expiration Date of JD: The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at hU:Hcoipsmgpu.usace.army.mil/em al2ex/f?12=136:4:0. Copies furnished by email: Trip Pippin (Pippin Marine Construction) Curt Weychert (NC DCM) Patrick Amico (NC DCM) Robb Mairs (NC DWR) RECEIVED MAR 2;6 2021 MP SECTION DCM - MHD CITY Action ID Number: SAW-2003-01144 County: New Hanover County Permittee: Philip Barker Project Name: Dock at 2509 Shandy Lane Date Verification Issued: March 26, 2021 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: lid �Ti iWKQi qU--Y1>w WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date RECEIVED MAR 20 2021 MP SECTION DCM • MHO CITY Weychert Curtis R From: Dunn, Maria T. Sent: Tuesday, March 30, 2021 5:49 AM To: Weychert, Curtis R Subject: RE: Philip Barker Project Changes These look like the same changes you sent earlier this month? Even if they are a little different, NCW RC's position from the original and earlier statements in March remain — if New Hanover Co. approves the subdivision layout, NCWRC is ok as long as an April 1—September 30 moratorium is included as a permit condition. Thank you Curt. Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office:252-948-3916 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Weychert, Curtis R <curt.weychert@ncdenr.gov> Sent: Monday, March 29, 2021 7:02 PM To: Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: FW: Philip Barker Project Changes Hello Maria, I was emailing you to verify that you 1) received the information regarding the modification of the Philip Barker Project reconfiguration, and 2) to ensure that your previous comments I received wouldn't change based on the changes. The executive summary goes as follows: The original proposal was to subdivide a lot into 7 individual lots and construct a second access pier and floating dock to serve as the new community docking facility. The total impacts were to increase the total slip count from 4 to 8, construct an access pier connected to a docking facility with a parallel floating platform with the dimensions of 6'x125'. The proposed changes would 1). Reduce the number of lots to two (2) as well as reduce the proposed floating structure from 125' to 83', and 3) reduce the slip amount from 4 additional slips to 3. Simply put, the slips will be reduced from 4 to 3 and the total square footage of the platform will be reduced and the existing lot will be split into two. Thank you, Curt Weychert Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 Curt. Wevchert()ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 Weychert, Curtis R From: Sams, Dan Sent: Tuesday, March 30, 2021 8:20 AM To: Weychert, Curtis R Subject: RE: Philip Barker Project Changes Curtis: All activities over or in DCM statutory waters, the sound and the ocean is outside the various jurisdictional authorities of DEMLR. We have no regulations that affect boat slip count. Only if an increased built -upon area and/or an enlarged grading footprint would ever create a reason to reassess our comments. We still have no comment. Thanks... Daniel Sams, PE Wilmington Regional Engineer North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources 910 796 7215 office 910 796 7326 direct dan.sams(")a ncdenr.00v ODE 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Weychert, Curtis R Sent: Monday, March 29, 20216:58 PM To: Sams, Dan <dan.sams@ncdenr.gov> Subject: Philip Barker Project Changes Hello Dan, I was emailing you to verify that you 1) received the information regarding the modification of the Philip Barker Project reconfiguration, and 2) to ensure that your previous comments I received wouldn't change based on the changes. The executive summary goes as follows: The original proposal was to subdivide a lot into 7 individual lots and construct a second access pier and floating dock to serve as the new community docking facility. The total impacts were to increase the total slip count from 4 to 8, construct an access pier connected to a docking facility with a parallel floating platform with the dimensions of 6'x125'. The proposed changes would 1). Reduce the number of lots to two (2) as well as reduce the proposed floating structure from 125' to 83', and 3) reduce the slip amount from 4 additional slips to 3. Simply put, the slips will be reduced from 4 to 3 and the total square footage of the platform will be reduced and the existing lot will be split into two. Thank you, Curt Weychert Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 Curt. WevcherticDncdenr.gov 400 Commerce Ave Morehead City, NC 28557 Q Weychert, Curtis R From: Harding, Kimberlee k Sent: Wednesday, March 31, 2021 12:08 PM To: Weychert, Curtis R Subject: RE: Philip Barker Project Changes Hi Curt. --` I do not have any further comments for this application. Kim Harding From: Weychert, Curtis R Sent: Monday, March 29, 20217:03 PM To: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov> Subject: FW: Philip Barker Project Changes Hello Kim, I was emailing you to verify that you 1) received the information regarding the modification of the Philip Barker Project reconfiguration, and 2) to ensure that your previous comments I received wouldn't change based on the changes. The executive summary goes as follows: The original proposal was to subdivide a lot into 7 individual lots and construct a second access pier and floating dock to serve as the new community docking facility. The total impacts were to increase the total slip count from 4 to 8, construct an access pier connected to a docking facility with a parallel floating platform with the dimensions of 6'x125'. The proposed changes would 1). Reduce the number of lots to two (2) as well as reduce the proposed floating structure from 125' to 83', and 3) reduce the slip amount from 4 additional slips to 3. Simply put, the slips will be reduced from 4 to 3 and the total square footage of the platform will be reduced and the existing lot will be split into two. Thank you, Curt Weychert Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 Curt. Wevchert(ZDncdenr.gov 400 Commerce Ave Morehead City, NC 28557 Q�� North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper April 1, 2021 Secretary D. Reid Wilson TO: Curtis Weychert curt.weychertna,ncdenr.gov North Carolina Division of Coastal Management North Carolina Department of Environmental Quality FROM: Ramona M. Bartos, Deputy �% U AI tA. oss State Historic Preservation Officer SUBJECT:. Expand private docking facility for subdivision development, 2509 Shandy Lane, Wilmington, New Hanover County, ER 21-0097 Thank you for your email of March 10, 2021, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review&ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 Weychert, Curtis R From: Zeigler, Mark D Sent: Monday, April 5, 2021 10:04 AM To: Weychert, Curtis R Subject: RE: Cama - Philip Barker Project Changes Hello Curt, Yes I received the modification information for the P. Barker project. My previous comments have not changed being: "This agency has no objection to the project as proposed." Regards, Mark Mark Zeigler, AICP Community Economic Development Planner North Carolina Department of Commerce w� NC DEPARTMENT ,�; of COMMERCE RURAL ECONOMIC 00`'In^ DEVELOPMENT 910 632 4011 mobile mzeiolerfa)nccommerce.com 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties ■ cmainstreetandplanning.com ■ ■ RIGHT � AT � HOME! ■ Be The Recovery I Support Small Businosoes ■ Click to see the NC Dept. of Commerce - Rural Planning program overview: httos://files.nc.gov/nccommerce/documents/Rura I-Development-Division/Mai n-Street/Rural- Planning/Rural Planning Program Overview 9.9.2019 Final.pdf Click to see the NC Dept. of Commerce - Rural Economic Development Division annual report: httos•//files nc gov/nccommerce/documents/Rural-Development-Division/REDD-Annual-Report final odf From: Weychert, Curtis R <curt.weychert@ncdenr.gov> Sent: Monday, March 29, 2021 7:04 PM To: Zeigler, Mark D <mzeigler@nccommerce.com> Subject: FW: Philip Barker Project Changes Hello Mark, I was emailing you to verify that you 1) received the information regarding the modification of the Philip Barker Project reconfiguration, and 2) to ensure that your previous comments I received wouldn't change based on the changes. The executive summary goes as follows: The original proposal was to subdivide a lot into 7 individual lots and construct a second access pier and floating dock to serve as the new community docking facility. The total impacts were to increase the total slip count from 4 to 8, construct an access pier connected to a docking facility with a parallel floating platform with the dimensions of 6'x125'. The proposed changes would 1). Reduce the number of lots to two (2) as well as reduce the proposed floating structure from 125' to 83', and 3) reduce the slip amount from 4 additional slips to 3. Simply put, the slips will be reduced from 4 to 3 and the total square footage of the platform will be reduced and the existing lot will be split into two. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2003-01144 County: New Hanover County U.S.G.S. Quad: Wrightsville Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Address: Telephone Number: Size (acres) Nearest Waterway USGS HUC Philip Barker 2005 Eastwood Road S-201 Wilmington NC, 28403 Nearest Town Wilmineton Bradley Creek River Basin Onslow Bay 03020302 Coordinates Latitude:34.206718039 Longitude:-77.8249518 Location description: The site is on an unnamed canal connected to Bradley Creek at 2509 Shandy Lane, Wilmington, NC 28403. Description of project area and activity: The proposal is to add an additional dockine facility at this property. A fixed access vier 15' x 6') will extend in an easterly direction from the bulkhead, perpendicular to the shoreline. The access pier will lead to a ganewav, which will lead down to a proposed floatine dock (6' x 83') extending parallel to the shoreline. The floating dock will create four boat slips. The dock will cover 498 square feet of estuarine waters includine 90 square feet of coastal wetlands. Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: 197800056 Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and drawings dated October 16, 2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 523-1151 or GreLory.E.Currev(&usace.armv.mil. CURREY.GREGORY.E �uxwuvi�uwnrFucu+emsio U G E N E.10 51011950 11950 Corps Regulatory Official: °""°" °`°""^'5 Date: April 5, 2021 Expiration Date of Verification: December 31.2021 A. Determination of Jurisdiction: 1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued . Action ID: SAW- B. Basis For Jurisdictional Determination: C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Actjurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room 1 OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: CURREY•GREGORY•E CDURREY.signed by GREGORY.EUGENE.1051011 95 UGENE.1051011950 Date: 2021.04.05 14:47:52 -04'00' Gregory Currey Date of JD: Expiration Date of JD: The Wilmington District is committed to providing the highest level of supportto the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://corosmapu.usace.armv miVcm aoex/f9D=136.4.0. Copies furnished by email: Trip Pippin (Pippin Marine Construction) Curt Weychert (NC DCM) Patrick Amico (NC DCM) Robb Mairs (NC DWR) Action ID Number: SAW-2003-01144 Permittee: Philip Barker Project Name: Dock at 2509 Shandy Lane Date Verification Issued: March 26, 2021 Project Manager: Gregory Currey County: New Hanover County Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date WeychertCurtis R From: Mairs, Robb L Sent: Tuesday, March 30, 2021 11:18 AM To: Weychert, Curtis R; Currey, Gregory E CIV USARMY CESAW (USA) Subject: RE: CAMA Minor Modification Request: Northern Riverfront Marina & Hotel, LLLP # 44-07 Hey Curt, The DWR has no objections to this proposed minor modification to state permit #44-07, which was originally issued a 401 Water Quality Cert. (DWR#2005-1795). Thanks, Robb Mairs Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality 910 796.7303 office robb.mairs(ancdenr. gov httDS://dea.nc.aov/a bout/divisions/water-resources/water-reso u rces-permits/wastewater-bra nch/401-wetla nds-buffer- ep rmits 127 Cardinal Drive Extension Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Weychert, Curtis R <curt.weychert@ncdenr.gov> Sent: Monday, March 29, 2021 10:02 AM To: Currey, Gregory E CIV USARMY CESAW (USA) <Gregory.E.Currey@usace.army.mil>; Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: FW: CAMA Minor Modification Request: Northern Riverfront Marina & Hotel, LLLP #44-07 Hey Guys, Steve keeps asking me about this project and I wanted to see if you had a chance to look it over. Thanks, Curt Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 Curt.Weychert(a ncdenr.00v 400 Commerce Ave Morehead City, NC 28557 From: Pietila, Tanya K <tanva.oietila@ncdenr.eov> Sent: Friday, February 26, 20212:37 PM To: WilmingtonNCREG<Wilm!ngtonNCREG@usace.armv.mil>; Currey, Gregory E CIV USARMY CESAW (USA) <Gregory.E.Currey@usace.armv.mil>; Mairs, Robb L <robb.mairs@ncdenr.eov>; Kathryn Thurston <Kathryn.Thurston wilmingtonnc.gov>; CBouffard@nhceov.com; Hall, Christine <Christine.HaIIPncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov> Cc: Weychert, Curtis R <curt.wevchert@ncdenr.gov>; MacPherson, Tara <tara.macoherson@ncdenr.gov>; Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Subject: CAMA Minor Modification Request: Northern Riverfront Marina & Hotel, LLLP #44-07 Hello All, Please accept this request for a CAMA Minor Modification to Major Permit No. 44-07 from the above subject property in Wilmington, New Hanover County. Please reply to Curt Weychert before March 12, 2021 at curt.weychertna ncdenr.gov or (252) 808-2808 ext. 211 with your questions, comments or concerns. Thank you! Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7226 Tanya. Pietila@ncdenr.gov "'Nothing Cone arcs 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. Weychert, Curtis R From: Harding, Kimberlee k Sent: Monday, March 22, 2021 3:57 PM To: Weychert, Curtis R Subject: RE: CAMA Major Application: Philip Barker I do not have any further comments From: Weychert, Curtis R Sent: Wednesday, March 10, 20213:29 PM To: Pietila, Tanya K <tanya.pietila@ncdenr.gov>; Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Christenbury, Mike <mike.christenbury@ncdenr.gov>; DCR - Environmental_ Review <Environmental.Review@ncdot.gov>; Butler, Rodney A <Rodney.Butler@ncdcr.gov>; Zeigler, Mark D <mzeigler@nccommerce.com>; Harris, David B <davidharris@ncdot.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov>; Painter, Linda <LPainter@nhcgov.com>; Mairs, Robb L <robb.mairs@ncdenr.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov>; Currey, Gregory E CIV USARMY CESAW (USA) <Gregory.E.Currey@usace.army.mil>; WilmingtonNCREG <WilmingtonNCREG@usace.army.mil> Cc: Amico, Patrick 1 <Patrick.Amico@ncdenr.gov>; Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Subject: RE: CAMA Major Application: Philip Barker Hello all, The previous application of Phillip Barker, located at 2509 Shandy Lane has modified their original proposal. The executive summary goes as follows: The original proposal was to subdivide a lot into 7 individual lots and construct a second access pier and floating dock to serve as the new community docking facility. The total impacts were to increase the total slip count from 4 to 8, construct an access pier connected to a docking facility with a parallel floating platform with the dimensions of Vx125'. The proposed changes would 1). Reduce the number of lots to two (2) as well as reduce the proposed floating structure from 125' to 83', and 3) reduce the slip amount from 4 additional slips to 3. Simply put, the slips will be reduced from 4 to 3 and the total square footage of the platform will be reduced and the existing lot will be split into two. The attached documentation should suffice to explain all of the proposed changes in the project. Please reach out if you have any questions about the project changes. All comments can be provided to me at Curt.Wevchert@ncdenr.gov via email. If your agency's comments have not changed based on the proposed changes, please email me stating that; otherwise, the Division will assume your lack of comment on the project reduction remains the same. Thank you for your time, understanding, and review of this project. Respectfully, Curt Weychert Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality MEMORANDUM To: Curt Weychert From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Philip Barker, New Hanover County Date: April 13, 2021 Consistency Determination: This project is consistent with the Wilmington -New Hanover County Joint Land Use Plan. The applicant proposes to install a 6' x 15' fixed access dock leading to a 6' z 83' dock for a total of three private slips not to be used by the public. The project is located at 2509 Shandy Lane, on an unnamed, canal adjacent to Bradley Creek, in Wilmington, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are PTA and EW. Waters at the project site are classified as SC# and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the Wilmington - New Hanover County Joint Land Use Plan and offer the following comments. The general area of the project is classified as Residential while the AECs impacted by the work are classified as Conservation. In general, the Wilmington - New Hanover County Joint Land Use Plan allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The Wilmington - New Hanover County Joint Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project is consistent with the Wilmington - New Hanover County Joint Land Use Plan. Cc: File RECEIVED AP11,13 2021 MP SECTION DCM - MHD CITY Weychert, Curtis R From: Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov> Sent: Tuesday, March 16, 2021 9:09 PM To: Weychert, Curtis R Cc: Craig Harris Subject: [External] FW: Shinnwood Permit Request - LMG Attachments: LMG-Zoning.pdf CAUTION._._. —n — p s unless i - —_ l suspicious CAUTION: External email Do not click links or open attachments you verify. Send all suspicious email as an attachment to , (Reodrt Spam. Hi Curt, I have attached the notarized letter from Mr. Ruegg, addressing zoning concerns. As far as the city's ordinance language regarding accessory structures with no primary, I think the definitions section (18-812) contains the clearest language: "Accessory building_ Structures which are located on the same parcel of property as the principal structure and the use o wf hicfi is incidental to the use of the principal structure. Garages, carports and storage sheds are common urban accessory structures. Pole barns, hay sheds and the like qualify as accessory structures on farms, and may or may not be located on the same parcel as the farm dwelling or shop building." I also think Section 18-249 contains language that would necessarily preclude an accessory building without a primary: "Location of accessory buildings. On all lots, accessory buildings shall be located only to the side or rear of the principal structure." Let me know if you need anything else from us, Curt! Thanks, Kathryn H. Thurston, AICP Zoning Administrator/Floodplain Manager City of Wilmington Department of Planning, Development, and Transportation PO Box 1810 Wilmington, NC 28402-1810 910.341.3249 Wilmingtonnc.gov RML14OGTON NW111QAkY} M Follow us on Facebook or Twitter facebook/citvofwilmineton @citvofwilm E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER NORTH CAROLINA Governor Environmental Quality MCHAELS.REGAN Secretary BRAXTON C. DAVIS Director April 15, 2021 Tripp Pippin PO Box 11291 Wilmington, NC 28404 SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Philip Barker in New Hanover. Dear Mr. Pippin: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Wilmington office on November 20, 2020. On February 14, 2021, processing of your application was placed on hold pending resolution of issues with The City of Wilmington. On April 15, 2021, this office received an email from the applicant requesting the application be taken off hold. Therefore, processing of your permit application has officially resumed. The revised projected 75-day deadline for making a decision is June 18, 2021. Please feel free to contact me by phone at (252) 808-2808 ext. 211 if you would like to discuss this matter further. Sincerely, Curt Weychert Assistant Major Permit Coordinator North Carolina Department of Environmental QuaVty I Division of Coastal Management Morehead City office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 ROOOPER cavemor MICHAEL S. REGAN 4ecmlary BRAXTON DAVIS Dimclnr, Divivinn rJ'Cnaual Manogentenl December 14, 2020 MEMORANDUM FROM Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert�NCDENRgovR gov SUBJECT CAMA Applicant: Philip Barker Project Location: 2509 Shandy Lane, adjacent to Bradley Creek in Wilmington, New Hanover County Proposed Project: Proposal to expand a private docking facility with a second access pier 6 floating dock to serve as a new community facility (pending local subdivision approval for future development). This will increase the facility by four (4) slips to a total of eight (8) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by January 7, 2021. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT NAME AGENCY SIGNATURE DATE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dee Eat., Wilmington, NC 28405 919 796 7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Philip Barker 2. LOCATION OF PROJECT SITE: Site is located at 2509 Shandy Lane, on an unnamed canal adjacent to Bradley Creek, in Wilmington, New Hanover County. Lat: 34.206676 N Long:-77.824868 W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 10/27/2020 Was Applicant Present —No S. PROCESSING PROCEDURE: Application Received—11/20/2020 (complete) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan— Wilmington - New Hanover County Land Classification From LUP—Residential, Conservation (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Yes (D) Intended Use: Private Community (E) Wastewater Treatment:Existing- Municipal Sewer Planned- N/A (F) Type of Structures: Existing- house and detached garage, bulkhead, gazebo, access pier, floating dock, and boathouse Planned- construct a second access and floating dock for private community docking facility to accommodate 4 additional slips for a total of 8 slips on the property (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION [AREA] DREDGED FII I Fn nTHFR (A) Vegetated Wetlands (Coastal) 90 SF (Shading) 750SF (B) Non -Vegetated Wetlands (Open Water) additional incorporated PTA (C) Other - Highground disturbance (D) Total Area Disturbed: 840 ft' (0.019 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SC# Open: No 8. PROJECT SUMMARY: The applicant proposes to expand a private docking facility on the parcel with a second access pier and floating dock, to serve as a new community facility for a future development (pending local subdivision approval), with an increase of 4 new slips, for a total of 8 boat slips within the riparian corridor. Philip Barker Page 2 9. PROJECT DESCRIPTION The project site is located at 2509 Shandy Lane, on a man-made finger canal adjacent to Bradley Creek, in Wilmington, New Hanover County. The applicant is currently under contract (included in the application materials) to buy two parcels at this address, Parcel ID R06300-001-015-000, and parcel R06300-001-015-001. The first parcel (000) is roughly 4.28 acres and currently contains a single family residence, detached garage, and swimming pool. The second, more waterward parcel (001) is described by New Hanover County GIS as roughly 6.98 acres but the majority of the parcel is below NHW. This water ward parcel contains approximately 300 LF of shoreline, most of which is stabilized by an existing bulkhead. The waterward parcel contains an existing private docking community with four slips, which includes a 15' x 10' gazebo on the uplands, an 80' x 6' floating dock, a 42' x 6' floating dock, and 17' by 27' boathouse. The property elevation averages approximately 6 ft. above mean sea level. Vegetation on the property consist primarily of live oaks, ornamental shrubs, landscaping and turf grass. South of the existing boat basin there is a narrow strip of coastal wetlands, approximately 130 ft. in length and 12-15 ft. in width, adjacent to the shoreline on the waterward (eastern) side of the lot. Smooth Cordgrass (Spartina alterniflora) is the predominant species along the waterward side of the marsh border, while Sea Lavender (Limonium, spp.), intermixed with Glasswort (Salicornia, spp.) and Spike Grass (Distichlis spicata), are found at slightly higher elevations. Sea Oxeye (Borrichia frutescens) and Grounsel-bush (Baccharus halimifolia) complete the transition to the high ground. Aerial photographs indicate that the existing channel (boat basin), located east of the subject property, was dredged/constructed during the late 1970's. It appears that prior to that time, the subject property and adjacent channel were used as spoil disposal site for unknown dredging activities. A previous property owner obtained a CAMA Major Permit (# 51-84) in 1984 for maintenance dredging within the existing boat basin. Later in 20b3, a previous property owner obtained a CAMA Major Permit (#119-03) to perform maintenance excavation within the existing basin to a depth of -5' @NLW, replace a section of the bulkhead, and construct a portion of floating dock. In 20D5, a previous property owner obtained CAMA Genera[ Permit 41598D to remove a portion of floating dock and install a boatlift. The 2006 City of Wilmington LAMA Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Conservation. The waters of the canal are classified SC by the Division of Water Quality. They are designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and are CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to expand a private docking facility on the parcel with a second access pier and floating dock, to serve as a new community facility for a future development (pending local subdivision approval), with an increase of 4 new slips, for a total of 8 boat slips within the riparian corridor. The applicant is concurrently applying for approval with the subdivision review board of the City of Wilmington, seeking to subdivide the two parcels into 7 lots and one common HOA area along the waterline. The applicant has provided a copy of the preliminary plat (See Preliminary Plat for Minor Subdivision). The City of Wilmington has indicated that subdivision will need to be approved and legally recorded before they can approve of this LAMA Major Permit application at the local level. For this proposal, south of the existing boathouse, the applicant is proposing a fixed access pier (15' x 6') extending in a easterly direction from the bulkhead, perpendicular to the shoreline. The proposed fixed access pier would lead to a gangway, which would lead down to a proposed floating dock (6' x 125') extending parallel to the shoreline. According to the application materials, the proposed floating dock would serve as four slips, at water depths ranging from a -2.0' @ NLW on the landward side of the floating dock to -4.0' @ NLW on the waterward side of the floating dock (See Drawing 1 of 3). These water depths were verified by NC DCM staff on site. During a meeting on 12/7/2020 between the City of Wilmington Zoning and Development Review Staff and staff from the Division of Coastal Management, it was determined that this project proposal was not consistent with the 2006 City Philip Barker Page 3 of Wilmington CAMA Land Use plan that is currently recognized by DCM. The City of Wilmington is currently working with DCM's Wilmington District Planner on this Issue. 10. ANTICIPATED IMPACTS The proposed docking facility would extend 18 ft. into a waterbody measuring approximately 92 ft. across which would meet the Y width distance. The proposed structures would incorporate an additional 750 sq. ft. of public trust area and estuarine waters and shade 90 SF of Coastal Wetlands. As proposed, the facility would not encroach into either 15 ft. riparian corridor setback. The proposed docking facility would be located approximately 190' from a dockingfacility to the north, and 30ftfrom a private docking facility to the south. The proposed facility would provide dockage for four (4) more vessels for a total of eight (8) vessels in water depths ranging from 2.0' to 4.0' at NLW. Minor increases in turbidity should be expected during the construction. Submitted by: Patrick Amico Date: December 10, 2020 Office: Wilmington P.O. Box 11291 Wilmington, NC 28404 w ..pippmmarinexom October 14, 2020 NCDEQ 127 N. Cardinal Drive Wilmington, NC 28405 Office/Fax: 910-270-1290 Mobile: 910-471-2034 trip@pippinmarine.com RECEIVED OCT 19 2020 DCM WILMINGTON, NC The enclosed CAMA Major Permit application is for Phil Barker at 2509 Shandy Lane. The applicant is applying for a major permit to install a 6' x 125' floating dock which will provide 4 slips. There is an existing floating dock that measures 6' x 121' which provides 4 slips. There will be a total of 8 slips. These slips will be for a private community and not open to the public. Trip Pippin Pippin Marine Construction, LLC Piers - Pilings - Boat Lifts - Bulkheads - Floating Docks - Residential & commercial Marine Construction Since 1994 t APPLICATION for Major Development Permit (last revised 12127106) bd North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landownerinformatfon Business Name Project Name (6appscable) Applicant 1: First Namp F MI Last Name Applicant 2: First Name MI Lest Name ff additional applicants, please attach an additional page(s) wllh names listed. Mailing Address �AI PO Box city stale Zip c ,9 f Country Gt S� Phone No. 9/6 -a426 ext. FAX No. - - Street Address (d aYflerent rrorrl above) Coy stale ZIP Email e IVff1■Iw ' 2. Agent1Contractorl7fbmwffon Business Name _ Agent/ Contractor Ist Name MI Last Nine Agentl Contractor 2: First Name MI Law Mailing Address Po Box 11291 CRY / �(9tMgja.rC, Stele ZIP ^ Phone No. 1 y//-.C63 f 04 Phone No. 2 9/,0- ext. FAX No. confiaclor 0 yf1,398 Street Address (if different from above) city Sfefe LP Email <Form continues on back> 252-808-2008 .. JCT 19 NZO Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit I Project Location County (can be multiple) ' � Street Address LaKe State Rd. # er,✓ r/ a sod S�a�td Subdivision Name 4�c)Iltnl% ok *1C. Zip p - Phone No. Lot No.(s) (If many, attach additional page with fist) ext. a In which NC river basin is the project located? b. Name of body of water nearest to proposed project V i/ e X-r C. Is the water body identified in (b) above, natural or manmade? tl. Name a closest manor water body to the proposed protect alto. ❑Natural ❑Manmade ❑Unknown orU txoposed work within city limits or planning jurisdiction? AYes ❑No f. H applicable. Ilat She planning jurisdiction uX oily emit the proposed work falls 4. Site Description a. Total length of shoreline on the tact (R) z 300' b. Sine of antis bar! (sgfL) t -Y'L ae"s c. Size of Individual toile) d. Approximate elevation of tract above NHW (normal high water) or (If many lot sizes, please attach additional page with a fist) NWL (normal water level) z�e ❑NH W MXNWL 6. Vegetation on tract grass La-w n , c&a,4s I. Man-made features and uses now on tract g. Identify and describe the srds" lend uses adiacent to the proposed project site. fir' i''' Jr;C i t OG✓J E'.S` h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? ide� (Attach zoning oo mpkance certificate. if applicable) es ON, DNA J. Is the proposed ac" par of an urban waterront redevelopment proposal? ❑Yes e f it. Has a professional archaeological assessment been time for the tract? It yes, attach a copy. ❑Yes o ❑NA If yes, by whom? I. is theproposed �] project located In a National Registered Historic District w does h involve a ❑Yes o ❑NA National Register listed or eligible properly! ,� <Form continues on next page> OCT 19 2020 252.808-2808 .. i-888.4RCOAST .: WWW.necoastaimanagemant,et Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit M. (I) Are there wetlands on the site? Yes ❑No --� (ti) Are there coastal wetlands on the site? *Yes ONO (ili) If yes to either (i) or (ii) above, has a delineation been conducted? *Yes qNo (Attach documentation, it available) n. Describe exsting wastewater treatment facilities. ;r o. Descnbe exlsdng dMking water supply source. _ p. Describe edeting storm water sur��o� 5. ActfviNes and Impacts a. Will the project be for ercial, public, or private use? ❑Commercial ❑Public/Govemment /3 /(f C Xnvate/Community b. Give a brief descriptionof purpose, use, and daily operations of the project when complete. .PrI rue fe 4640 ,111 y 4114" y C. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored, Ar d. list all ydevelo`pmentactivities/y'fQ�� 'e ' 75 �,X lv k /Z ry /-r X . a. Are the proposed activttlas nnsntsnan of an aoxiiing project, new work, or both? Ale4o I. What is the approximate total disturbed land area resulting from the proposed pm)ecr? � ❑gq_Ft n r ❑Acy g. Will the proposed project encroach on any public easement, public accessway or other area that the pudic has established use of? ❑Yes ❑NA h. Describe location and type of existing and proposed discharges to waters of the slate. !e vK(r I. Will wastewater or stormwater be discharged into a wetland? ❑Yes o ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j. Is there any mitigation proposed? []Yes o ❑NA If yes, attach a mitigation proposal. <Forfn continues on back> 252.808-2808 .. 1-888.4RCOAST ar www.acco.:. Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application tone, (/dF 1) the following items below, if applicable, must be submitted in order for the application Package lobs complete. Items (a) — (Q are always applicable to any major development application. Please consult the application instruction booklet on how to propeAy prepare the required items below. a. A projend narrative. --- b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give ge present status of the proposed project. Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the dead (with state application 0*) ar other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check rx money order made payade to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by candied mail. Such landowners must be advised that they have 30 days In which to submit comments on the proposed pmject to the Division of Coastal Management. tt�i Name /,/QNt Xt, /S% Gs �OIJN. G Phone No. �/O-Z9?-y�83 Address 19'�3S IC.Jesl�yor�,�fr.�.w i(i/�N?OK<i'/O/7 A/Ci o -29 Name Phone No. Address i Name SD M rIG /� Phone 140. JR149 'P� `00 Cl Address .2sos s�/1/1/V It ere hh*Zol t%jj An IC g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permtaee, and Issuing dates. h. Signed consultant or agent authorization form, it applicable. I. Welland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and Inlet areas. (Must be signed by property owner) k. A statement of compliance with line N.C. Environmental PokyAct (N.C.G.8 1113A 1-10), A necessary, g the project tnvoty s expenditure of pudic funds or use of pudic lards, allach a statement documenting compliance with the North Carolina Emironmemal Policy Act. 17. Certtilcadon and Permisslon to Enfer on Land --— — —I I understand that any permit issued in response to this application well allow only tfe development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project I further certify at the information provided in this application is truthful to the best of my knowledge. Date 6 7 e> Print Name Signature Please indicate application attachments pertaining to your proposed project ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development DCM MP-4 Structures Information OCT 19 7070 252-808-2808 r..°. . " .. 1- 8884 RCQAST .. www.n eeoestaimanagamant.r,et Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (1) Is the docking facllrtylmerina: ❑Commercial ❑Public/GovemmentXrivate!Community 1 C. (i) Docks) and/or pier(s) (ii) Number / (iii) Length / ' ('iv) Width 6 (v) Floating ❑Yes XNo e. (i) Are Platforms included? VYes []No If Y (ii)Numtrer ew3�'INfj %7 !/• O1C� (ir)Length (iv) Width _ (v) Floating *es ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 01) Number of slips existing Vp1p i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Omer, please describe: k. Typical boat length: M. (i) Will the facility have tie pilings? Ng[ Dyes 40 - (ii) If yes number of tie pilings? ❑This section not applicable b. (1) Will the fJC9ty be open to the general public? ❑Yes No d. (i) Are Finger Piers included? []Yes )YNo If yes: (n) Number (iii) Length (iv) Width (v) Floating [--]Yes []No f (i) Are Boatlifts included? XYes []No If yes' (ii) Number 1_ 11 /- e)(/ SI 1 hA (iii) Length A ° /,3 0 —Aew (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lit and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips") only, number of slips: ❑ Dry storage, number of boats: _ ❑ Boat ramp(s); number of boat ramps: _ ❑ Other, please,desc' j. Describe the typical boats to be served (e.(open runabout, charter boats, sail boats, mixed types). I. (i) Will the facilitybe open to the general public? ❑Yes G]No Z DOCKING FACIUMMARINA OPERATIONS This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number ; Location: ❑ Showers ❑ Boatholding tank purnpout: Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of 'No Sewage Discharge' signs proposed. fill Give the location and number of'Pumpout Available" signs proposed. I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake' signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing7 1. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes []No n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []No o. Is the mannaldocking facility proposed within or adjacent to coastal wetanda/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetands (WQ? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None p. Is the proposed manna/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PublictGovemment ❑Pmrate/Communily, (it) Number n (iii) Length (iv) Width _ Note: Roofed areas are calculated from dripime dimensions. 4. GROIN (e.g., wood, sheelpile, etc. If a rock groin, use MP-Z Excavation and Fill.) This s+echon not applicable a. () Number (ii) Length (III) Width _ 5. BREAKWATER (e.g., wood, stie0fia, etc.) This section not applicable I a. Length C. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS a. Is the structure(s): ❑Commercial ❑PubficlGovemment ❑Private/Community c. Distance to be placed beyond shoreline Note. This should be measured from marsh edge, if present. e. Arc of the swing _ 7. GENERAL b. Average distance from NHW. NWL, or wetlands This section not applicable b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 2 DVA MP-4 (Structures, Page 4 of 4, a. Proximity Mstnx;ture(s) to adjacent riparian property lines Note: For buoy ornroaing piling, use arc of swing including length of vessel. c. Width of water body s e. (i) Will na " ational aids be required as a result of the project? ❑Yeso [IRA (ii) If yes, explain what type and how they will be implemented. b. Proximityof structures) to adjacent docking facilities. 34 r • d. Water depth at waterward end of structure � NLV`LV�JLor NWL 8.OTHER ❑This section not applicable a. Give complete desedption: . Z?.r4� Project Name Applicant Name Applicant Signature Vp11). OCT 19 ZU6 ROY COOPER Governor NORTH CAROLINA EnWronmental Quality MICHAELS.REGAN seaetory December 10, 2020 BRAXTON C. DAVIS Director Trip Pippin P.O. Box 11291 Wilmington, NC 28404 DearMr. Pippin: The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Philip Barker, for State approval for development of the subject property located at 2509 Shandy Lane, adjacent to an unnamed canal adjacent to Bradley Creek, in Wilmington, in New Hanover County. It was received as complete on November 20, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is February 3, 2021. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from November 20, 2020, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development Enclosed you will find a'Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous, point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency,. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely 'Aw Patrick Amico Field Representative cc: Curt Weychert, DCM MHC Greg Currey, USACE Robb Mairs, DWR Linda Painter, LPO Philip Barker, Applicant Kathryn Thurston, City of Wihnington ��Q�� North Caroana Department ofEnvlronmental QwUty I DhislonofCoaatal Management Wgmingtonoface I 27Card1na1Drtve Extmdon I wllmingtom North Carolina 7a405 910.79G721.5 CAMA. PERMIT APPLIED FOR licant proposes to expand a to 9 —.........� �...� aaMjuvvlla 46111W P11VV VVl rVu111111fJ. LV11 IIT New Hanover.County, COMMENTS ACCEPTED THROUGH Z 2027 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Philip Barker 2005 Eastwood Road S-201 IV. O oas a anagemen Wilmington, 127 Cardinalr. Ext. Anent: Pippin Marine Construction i ming On, Trip Pippin a riC mICO (910) 471.2034 0 December 14, 2020 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice: • Philip Barker / New Hanover County ROY COOPER fiowftw MICHAEL S. REGAN Serrelop BRAXTON DAVIS Dinar. DATTI a o/Cnavn7 Afunograrror Hello Angie: Please publish the attached Notice in the Thursday, December 17, 2020 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 29405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer, (Customer No.70100342). Please email a 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, cc: M14C file Curt Weychert - WiRO USACE Support & Customer Assistance Stile of North Carolina I Environmeolal Quality I Coastal Managc t 127 Cardinal Drive Etl., WllntingWn, NC 29405 919 7% 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On December 10, 2020, Philip Barker proposed to expand a private docking facility to a total of eight (8) boat slips to serve as a future new community facility at 2509 Shandy Ln., adjacent the AIWW, Wilmington in New Hanover County. A copy of the application can be examined or copied at the office of Patrick Amico, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7423) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to January 7, 2021 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. October 30, 2020 Addendum to Major Permit Application narrative for: Phil Barker 2509 Shandy Lane Wilmington, NC 28409 • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Thank you, Trip Pippin U u 1 3 0 2020 N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATpON F0[RM Date 23 Z Neese O r-0 pertSrApplying Permit: Mailing Address: 2iy.j �lfSTW��17 �e� s-Z°l certify that Ir have authorized (agent)..l�ir uf. / � �<. � to apt on My behalf, for the purpose or applying for and obtaining all CAMA Permits eecessar; to +.nstall or construct (activity) at (my property located at) Z-Al ! •l. ,,`� This certification is valid thru (date) Kroger y Dinner Signature Oct 19 2MA 712Z1/za Date CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIP P OPERTY INNER NOTIFICATIONIWAIVER FORM Name of Property Owner. 'i ( 25O redK- Address of Property: 2 '�-oI J /ra (Lot or Street #, /✓ lV t Road, City & County) ivt= x FW ` � r Agents Name #_ r //! �1/i Mailing Address: ©• �� Y! r Agents phone # Qi(i ` 7 ` e�3� ,�/jl%i ►J:?r, f?`oV ; / �r c~'`vb° I hereby terrify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing_the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. V I have no objections to this proposil I have objections to tins proposal. Rs 6A4q? AJ / 10 Csily%/6s wr eX illy 4&0 tf you have dbjections to what is being proposed; you must notify the Division of Coastal Management ,DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at htto://www.nccoastaimanagemenLnetlweb/cMstaff-listino or by calling 1-8884RCDAST No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION i understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (11 you wish to waive the setback, you must initial the appropriate blank below.) i do wish to waive the 15' setback requirement. WIN- i do not wish to waive the 15' setback requirement. (.: p rtlr ^war lnfor ar�r ion) Sion re -7541-1 Print or Type Name Address NG a (Riparian Property Owner Information) 4VAX-1PoR)' _ ;YOA Signature 1f/1-111fAl f G Rug/s/%/ Print or Type Name Mailing Address/ !S'/m/aA' /A' Ne "8n9 Ovstate,00 Date (Revised Aug. 2014) CERTIFIED 119AIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPAFJ�fTOPERTYqWMER �/1�0$iP9CA �i®6\iIUErPslydEl2 F®C2M Name of Property Owner.f 4 rr eil Address cf Properly: r 1-5 Q. y " V we (6N4`ry tye— (Lot or Street #, Slree or Road, City & County) Agent's Nameri rr' /.: 1, Mailing Address: 0 Agent's Phone # 0/.'% ', r� j � 1 hereby cer0l that 1 own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing_ihe development they are proposing. A description or drawing, with dimensions, must he provided with this letter. I have no objections to this proposal I have objections to this proposal. ,you have objec9aps,towhatisbefngproposed youmustnodf theDivielonofCoaslaiManagemeat (DC.W in writing within 90 days of receipt of this notice. Contact Information for DCM 01TIcss Is ayaiiable at htto://www.nccoastaimanaoemenf netlweb/cm/staff-ris.ina orby catfrng'r-88&4F?COAST. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or Irit must beset back a minimum distance of 10 from my area cf riparian access unless u alved by me. (If you wish to waive the setback, you roust inKial the appropriate blank below.) •1 do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement Info a- ) ature Print or Type Name a G ns- EAST Uyao, RJ d P pMaillno Address W dda MR- pf m� 2,5 �ea-3 CrylbTaeml f 9/0 -c--Z3/°-ZZ r� Telephone VumbJeJr/ affAddresns Date (Riparian Plop, Owne% a H� Son) r / atrdl'e -soFId Print or Type Name tt _ 5 O i � Sfi &I-D V f✓IaifingAddress7 ME FA ��rel S,r7�0©�� phone Number/Email Address y Dare (Revised Aug.2014)' jtr V}riL l��iiJG i ON, P1C Domestic Mai101 •. For tle0very inform ri IWnILeepli ".0 $ +o.00 o Il.ertelWe.�si. $� O oce ewwrmeut to nn C3 pte.rtle....eew.e tom_ O S H Q- 0 M1 Q„d(s\ll-W, wm �: - C t-,otkaa� RECM ED A WILMINXON, NC 9 OCT 2020 09/28/2020 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to )-sos s6(\dL� L) IiihI n�� N(, aN09 71 D- 0 M1 IertAed Mm1 FN 0457 fz.as DECEIVED x(ra rvwm6 se/Mete:otE tdefrr ) g(betnpawl-deuVll $ ❑ R.veR-Ypr,.MaertW S $0.00 WILh qON, NC ❑c.nm.e ewi wann.a oeuwy t �tageea. mina $—s CT 1 2020 ❑ lien, sg�.w,. s.ae ,qa wr..�. t 9 'ostage - •JJ 09/28/2020 Ln ...r X 11 Agent Ci'7GShcits$ee D. Is Cefivery, address different fmn Item 17 ❑ �Yes If YES, enterflelivaruad6reashebwD g1V4 DC FM WILMINGTON, NC OCT 19 2020 3. Service Typo ❑ Priority Mail Express® I I IIIIII I'll III I IIII I I I Illlllll I I I ll I II III III ❑ AdWI Signature ❑ Registered Mell^' ❑ 1 SIgnature Restricted Delivery ❑ Reyisferetl Mail Restricted articled Mail® D. 9590 9402 5405 9189 0717 82 ❑ CertiOed Mail Resmcted Delivery ❑ Return Receipt for ❑ Collect on Delvery Merchandise 2. Article Number f Transfer from service label) ❑ Csuect on Delivery R,,i tad Delivery ❑ Sionatore Confrmetion*e ❑synature Delivery on 7019 1640 0001 7419 8288 erred mail e,l suratl Mail Reslridetl Delivery Resirldetl Delivery ver $SOD) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Recelpt 1 m 02 am 11111104 IN 11119 II mallimmummm m MWARIA mm 0 - " ME-19M IlOW WIN a 0 an a NAME= 11I NEIRVAt."Ammil N SEE0 m mmmmm somull mm mm M MEN l 11110M 11 IN MMol III EWE E INN 111111 Uw aillm 11190310immolaws NUNN WIN HEmil ill mMMIlm SEMI is 11111111111 011111? 11m miummsI-Xvii,00 mumilwilams MCI a® 11,41121111 MIEl 4 WAR 11 IF -, ME 1INKIIIIIII 1811111111011111 MEN lifflk-liffillm NOW Boom KII IIIIIIIIIIIIAM 1111HEAMENSEREENE lamiml MEMO 11211111102111111 No Allmull NEON min 11M®® MEN assm oil 01 !gym®lifflimummmummmums mm INS "a BEEN EMENIEW EE i- I omnmomi k T aeiini ' .iT SyS'JitIIiiA {:jS:5T5.1�« 1Lt1k vAl�aiY�� a. \\\\ �� _ _ _ �• ` _ ;.Wray \1 ,� n.x s:i I �M. Ilia P14 rehmrnary Plat for Mmor Subdwasion 11— .ana,,zeme ,— Legacy Pointe ..,_„".,...m. ,.,.�.,...�., , V OFFER I'D PURCHASE AND CONTRACT (Consult "Guidelines" (Form 2G) for guidance in completing this form) For valuable consideration, the receipt and legal sufficiency of which arc 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"). /a2 iicliC 1. TERMS AND DEFINITIONS: The terms listed below shell have the respective meaning given them as set forth adjacent to f each term. (a) "Seller": Cardinal Point LLC //.�,//,�..� H Lueadr.S�. % /%� (b) "Buyer": ChrisBoRasPhilipBarkerandlidrAssltlns I'�tiocr.L,y( j-eLAft. (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon and the fixtures and personal property listed in Paragraphs 2 and 3 below. NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seller should consider Including the Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2A 11-T) with this offer. street Address: _ 2509 Slundy Lane City: Wllmin¢ton Zip: 28409 NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown. Legal Description: (Complete ALL applicable) Plat Reference: Lot/Unit , Block/Section , Subdivision/Condominiuin , as shown on Plat Book/Slide at Page(s) The PIWPID or other identification number of the Property is: R06300-001-015-000 & R06300.001-015-001 Other description: ADJ MYRTLE GROVE SOUND Some or all of the Property may be described in Deed Book at Page (ru// Purchase Price": 3r915,000.00 "�' l_aUo20 _ ^3r600:900:08- paid in U.S. Della i following terms: BY DUE DIUGE CE FEE made payable and delivered to Seller by the Effective Date" 10.000.00 BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent �y named in Paragraph I(f) by 11 cash X personal check official bank check wire transfer,Qelectronictransfeq EITHER with this offer OR F] within five,(5) days of the Effective Date of this Contract. S BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph lift by cash, official bank check, wire transfer or electronic transfer no later than 5 p.m. on TIME BEING OF THE ESSENCE. S BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the Z—zO Zj existing loan(s) secured by a deed of tout on the Property in accordance with the attached Cl Loan Assumption Addendum (Standard Form 2A6-T)" S BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5-T). Sj BY BUILDING DEPOSIT in accordance with the attached New Construction Addendum (rjr"j'// (Standard Form 2A3-T), Y/ g �r498r800.014 BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid J y�Z� 3 B9 (,=3 v 000, 00 with the proceeds of a new loan). Should er fail to deliver either the Due Diligence Fee or any Initial Earnest Monty Deposit by their due dates, or should any check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall have one (1) banking day after written notice to deliver cash, official bank check, wire transfer or electronic transfer to the payee. In the event Buyer does not timely deliver the required funds, Seller shall have the right to terminate this Contract upon written notice to Buyer. Page I of 15 113 This form jointly approved b . ^ STANDARD FORM 2-T North Carolina Bar Assoc' tion a Revised 7/2020 n LTOB. North Carolina As cio of REALTORS@.,,//1pppp,eCf,.�,r���-aUzV O 7120Z0 Buyers initials Seller's initials (/A(*Ls'-�_"s-" (o 14.ahyr.nry,nsl.slm,WfthaN 'CLUB/ aMyd,1naWt.uw ru 8095M1mtly Lam. Frtdnitk Banm P.aBuuarhh rUr By WLa IW70 FAan hW amd. F,.,1 k1BOn1Be31 ,.,pm. (e) "Earnest Money Deposit": The Initial Earnest Money Deposit, the Additional Earnest Money Deposit and any other earnest monies paid or required to be paid in connection with this transaction, collectively the "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. The payment of the Earnest Money Deposit to Seller and the retention of any Due Diligence Fee by Seller (without regard to their respective amounts, including zero) together shall serve as liquidated damages ("Liquidated Damages") and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 4(d) and 4(e) for damage to the Property. It is acknowledged by the parties that the amount of tire Liquidated Damages is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of a breach of this Contract by Buyer. The payment to Seller and/or retention by Seller of the Liquidated Damages shall not constitute a penalty or forfeiture but actual compensation for Sellers anticipated loss, both parties acknowledging the difficulty determining Sellers 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. (D "Escrow Agent" (inset name): Closing Attorney Buyer and Seller consent to disclosure by the Escrow Agent of any material facts pertaining to the Earnest Money Deposit to the parties to this transaction, their real estate agent(s) and Buyers leadens). 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 Morey 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 unfit disbursement is ordered by a court of competertjurisdiction. Alternatively, if a Broker or an attorney licensed to practice law in North Carolina ("Attorney") is holding the Earnest Money Deposit, die 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. I ruts PAK Iles AURHE THAT AREAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE THE EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (9) "Effective Date": The date that: (1) 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 die offer or counteroffer, as the case may be. The parties acknowledge and agree that the initials lines at the bottom of each page of this Contract are (merely evidence of their having reviewed the terms of each page, and that the complete execution of such initials lines shall not be a condition of the effectiveness of this Agreement. (h) "Due Diligence": Buyers opportunity to investigate the Property and the transaction contemplated by this Contract, including but not necessarily limited to the matters described in Paragraph 4 below, to decide whether Buyer, in Buyers 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 Buyers right to terminate the Contract for any reason or no reason during the Due Diligence Period. It shall be the property of Seller upon the Effective 9 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 �Q- Jo klsmach of this Contract by Seller, or if this Contract is terminated under Paragraph &(n) 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 risen 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 )istenee or amount of any Due Diligence Fee. (j) "Due Diligence Perfect": The pe[iod beginning on the Effective Date and extending through 5:00 p.m. on Days From Effective Date TIME BEING OF THE ESSENCE. a f(k "Settlement": The proper execution and delivery to the closing attorney of all documents necessary to complete the O N/� nsaction contemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyance ocuments, and the closing attorney's receipt of all funds necessary to complete such transaction. (1) "Settlement Date": The parties agree t at Settlement will take place on S10 Days From Effective Date v (the "Settlement Date"), unless otherwise had in writing, at a time and place designat by Buyer. �WT _y��/!�✓I? ` Page 2 of I5 zo (�` �RDv`v ANDARD FORM 020 G{/ Revtaaa 7nB20 Buyer's initials Sellers initial07Mi0 PraamOvriN tlpramaWripl.cVa taco Fawn �.s` „y„ru G➢'� msw* - OCT 19 2020 NOTE: See paragraph 12, DELAY IN SETTLEMENT/CLOSING for conditions under which Settlement may be delayed. W "Closing": The completion of the legal process which results in the transfer of title to the Property from Seller to Buyer, which 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 closing attorney'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 closing attorney after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the closing attorney in accordance widt the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. I f the title update should reveal unexpected liens, encumbrances or other title defects, or if the closing attorney is not authorized to disburse all necessary funds, then the Closing shall be suspended and the Settlement deemed delayed under Paragraph 12 (Delay in Settlement/Closing), WARNING: The North Carolina State Bar has determined that the performance of most acts and services required for a closing constitutes the practice of law and must be performed only by an attorney licensed to practice law in North Carolina. State law prohibits unlicensed individuals or firms from rendering legal services or advice. Although non -attorney settlement agents may perform limited services in connection with a closing, they may not perform all the acts and services required to complete a closing. A closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of the North Carolina Bar Association and the North Carolina Association of REALTORS40 that all buyers should hire an attorney licensed in North Carolina to perform a closing. n••• : A Marge against me Property by a governmental authority in addition to ad valorem taxes and recurring governmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment (dues), either of which may be alien 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 payable in a lump suint or future installments. NOTE: Any Proposed and Confirmed Special Assessments must be identified by Seller in paragraph 7(c), and Buyer's and Seller's respective responsibilities for Proposed and Confirmed Special Assessments are addressed in paragraphs ti(a) and g(k). r ••�• Vn ^r V cna,W3lVna WARNING: THE PARTIES SHOULD NOT ASSUME THAT AN ITEM WILL OR WILL NOT BE INCLUDED IN THE SALE BASED ON AN ORAL OR WRITTEN STATEMENT OR UNDERSTANDING THAT IS NOT A PART OF THIS CONTRACT. BUYER AND SELLER SHOULD BE SPECIFIC WHEN NEGOTIATING WHAT ITEMS WILL BE INCLUDED OR EXCLUDED FROM THE SALE. Buyer's initials [THIS SPACE INTENTIONALLY LEFT BLANK) Page 3 of 15 JJ STANDARD FORM 2-T �j��nn 11 '' Revised 7/2020 initials^�}O-v 0 7/2020 rpv tamp FaaerMi rn dap28 ajary�a rsys ilv4n (a) Fixtures Are Included in Purchase Price: ALL EXISTING FIXTURES ARE INCLUDED IN THE SALE AS PART OF THE PURCHASE PRICE, FREE OF LIENS, UNLESS EXCLUDED IN SUBPARAGRAPHS (d) OR (e). (b) Specified Item: Buyer and Seller agree that the following items shall be included in the sale as part of the Purchase Price five of liens, unless excluded in subpamgmphs (d) or (e) beknv. ALL ITEMS LISTED BELOW INCLUDE BOTH TRADITIONAL AND "SMART" VERSIONS AND ANY EXCLUSIVELY DEDICATED, RELATED EQUIPMENT AND/OR REMOTE CONTROL DEVICES. • Alarm and security systems (attached) for security, fire, smoke, carbon monoxide or other toxins with all related access codes, sensors, cameras, dedicated monitors, hard drives, video recorders, power supplies and cables; doorbells/chimes • All stoves/ranges/ovens; built-in appliances; attached microwave oven; vent hood • Antennas; satellite dishes and receivers • Basketball goals and play equipment (permanently attached or in -ground) • Ceiling and wall -attached fans; light fixtures (including existing bulbs) • Fireplace insert; gas logs or starters; attached fireplace screens; wood or coal stoves • Floor coverings (attached) • Fuel tank(s) whether attached or buried and including any contents that have not been used, removed or resold to the fuel provider as of Settlement. NOTE: Seller's use, removal or resale of fuel in arty fuel tank is subject to Selices obligation under Paragraph 8(c) to provide working, existing utilities through the earlier of Closing or possession by Buyer. NOTE: State law provides that it is unlawful for any person, other than the supplier or the owner of a fuel supply tank, to disconnect, interrupt or fill the supply tank with liquefied petroleum gas (LP gas or propane) without the consent of the supplier. • Garage door openers • Generators that are permanently wired • Invisible fencing with power supply • Landscape and outdoor trees and plants (except in moveable containers); raised garden; landscape and foundation lighting; outdoor sound systems; permanent irrigation systems; rain barrels; landscape water features; address markers • Mailboxes; mounted package and newspaper receptacles • Mirrors attached to walls, ceilings, cabinets or doors; all bathroom wall mirrors • Storage sited; utility building • Swimming pool (excluding inflatable); spa; hot tub • Solar electric and solar water heating systems • Sump -pumps, radon fans and crawl space ventilators; de- humidifiers that are permanently wired • Surface -mounting brackets for television and speakers; recess -mounted speakers; mounted intercom system • Thermostats • Water supply equipment, including filters, conditioning and softener systems; re -circulating pumps; well pumps and tanks • Window/Door blinds and shades, curtain and drapery rods and brackets, door and window screens and combination doors, awnings and storm windows (c) Unpairing/deleting data from devices: Prior to Closing, Seller shall "unpair' any devices that will convey from any personal property devices (hubs, intelligent virtual assistants, mobile devices, vehicles, etc.) with which they are paired, delete personal data from any devices that will convey, and restore all devices to factory default settings unless otherwise agreed. NOTE: ANY FIXTURE OR OTHER ITEM DESCRIBED IN SUBPARAGRAPHS (a) AND (b) THAT WILL NOT BE A PART OF THE SALE SHOULD BE IDENTIFIED IN SUBPARAGRAPHS (d) OR (e), AS APPLICABLE. (d) Items Leased or Not Owned: Any item which is leased or not owned by Seller, such as fuel tanks, antennas, satellite dishes and receivers, appliances, and alarm and security systems must be identified here and shall not convey: (e) Other tteme That Do Not Convey: The following items shall not convey (idemijy More items to be excluded wider Subparagraphs (a) and M. Now Known Seller shall repair any damage caused by rerno at of any items excepted above, Page 4 of 15 STANDARD FORM 2-T Revised 7/2020 Buyer's initials Seller's initi -s:;, ) �� -�G' ®7RU2U •roax•U iNupF by r'aaam1 fiasen eras lbN,F ,Mlcfigm,eam •v.W mLoarrrvn ISOr SF,My 3. PERSONAL PROPERTY: The following personal property shall be transferred to Buyer at no value at Closings N/A r TE: ANY PERSONAL PROPERTY THAT WILL BE A PART OF THE SALE SHOULD BE IDENTIFIED IN THIS RAGRAPH. Buyer is advised to consult with Buyers lender to assure that the Personal Property items listed above can be luded in this Contract. 4. BUYERS DUE DILIGENCE PROCESS: WARNING: BUYER IS STRONGLY ENCOURAGED TO CONDUCT DUE DILIGENCE DURING THE DUE DILIGENCE PERIOD. If Buyer is not satisfied with the results or progress of Buyers 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. Although Buyer may continue to investigate the Property following the expiration of the Due Diligence Period, Buyers Failure to deliver a Termination Notice to Seller prior to the expiration of the Due Diligence Period will constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyers Due Diligence. Provided however, Following the Due Diligence Period, Buyer may still exercise a right to terminate if Seller fails to materially comply with any of Seller's obligations under Paragraph 8 of this Contract or for any other reason permitted under the terms of this Contract or North Carolina law. la) Loan: Buyer, at Buyers expense, shall be entitled to pursue qualification for and approval of the Loan if any. NOTE: Buyer's obligation to purchase the Property is not contingent on obtaining a Loan. Therefore, Buyer is advised to consult with Buyers lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to be completed and for Buyers lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction. (b) Property Investigation: Buyer or Buyers agents or representatives, at Buyers 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) Inspections: Inspections to determine the condition of any improvements on the Property, the presence of unusual drainage conditions or evidence of excessive moisture adversely affecting any improvements on the Property, the presence of asbestos or existing environmental contamination, evidence of wood -destroying insects or damage therefrom, and the presence and level of radon gas on the Property. (ii) 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 tine completed Residential Property and Owners' Association Disclosure Statement provided by Seller prior to signing this offer. It is also recommended that the Buyer determine if the owners' association or its management company charges fees for providing information required by Buyers lender or confirming restrictive covenant compliance. (iii) Insurance: Investigation of the availability and cast of insurance for the Property. IN) Appraisals: An appraisal of the Property. (v) Survey: A survey to determine whether the property is suitable for Buyer's intended use and the location of casements, setbacks, property boundaries and other issues which may or may not constitute title defects. (vi) Zoning and Governmental Regulation: Investigation of current or proposed zoning or other governmental regulation that may effect Buyers intended use of the Property, adjacent land uses, planned or proposed road construction, and school attendance zones. (vii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase flood insurance in order to obtain the Loan. (viii) Utilities and Access: Availability, quality, and obligations for maintenance of utilities including water, sewer, electric, gas, communication services, storm water management, and means of access to the Property and amenities. (ix) Streets/Roads: Investigation of the status of the strect/road upon which the Property fronts as well as any other street/road used to access the P operly, including: (1) whether any slreet(syroad(s) are public or private, (2) whether any stmel(s)/road(s) designated as p blic are accepted for maintenance by the State of NC or any municipality, or (3) if private or Page 5 of 15 STANDARD FORM 2-T Revised 712020 Buyers initials Seller's initiate 7 0 712020 Ploaxaa emawapltpr Irate FMBan aY Robes. Fn7U„(40i rzo95s,..r OCT 19 2020 not accepted for public maintenance, the consequences and responsibility for maintenance and the existence, terms and funding of any maintenance agreements. (x) Fuel Tank: Inspections to determine the existence, tvoe and ownership of any fire) taal• n the D.,.n , NOTE: Buyer is advised to consult with the owner of any lensed fuel tank regarding the terms under which Buyer may lease die tank and obtain fuel. tcl aaiert•ease of Existing Property: As noted in paragraph 5(b), unless otherwise provided in all addendum, this Contract is not conditioned upon die sale lease or closing of other property owned by Buyer. Therefore, if Buyer roust sell or lease other real property in order to qualify for a new loan or to otherwise complete the purchase of the Property, Buyer should seek to close on Buyer's other property prior to the end of the Due Diligence Period or be reasonably satisfied that closing oil Buyers other property will take place prior to the Settlement Date of this Contract. (d) Repair/Improvement Negotiations/Agreement: Buyer acknowledges and understands that unless the parties agree otherwise, THE PROPERTY IS BEING SOLD IN ITS CURRENT CONDITION. Buyer and Seller acknowledge and understand that they may, but are not required to, engage in negotiations for repairs/improvements to the Property. Buyer is advised to make any repair/improvement requests in sufficient time to allow repairfimprovement negotiations to be concluded prior to the expiration of the Due Diligence Period. Any agreement that the parties may reach with respect to repairs/improvements shall be considered an obligation of the parties and is an addition to this Contract and as such, must be in writing and signed by the parties in accordance with Paragraph 19. NOTE: See Paragraph 8(e), Access to Property and Paragraph 8(m) Negotiated Repairs/improvements. —� (a) Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the Property resulting from any activities of Buyer and Buyers agents and contractors, but Buyer shall not be responsible for any damage caused by accepted practices either approved by the N.C. Home Inspector Licensure Board or applicable to any other N.C. licensed professional performing reasonable appraisals, tests, surveys, examinations and inspection of the Property. This repair obligation shall survive any termination of this Contract- (f) 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 Buyers 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 Sellers negligence or willful acts or omissions. This indemnity shall survive this Contract and any termination hereof. (g) 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 temlination (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. (h) CLOSING SHALL CONSTITUTE ACCEPTANCE OP THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. S. BUYER REPRESENTATIONS: (a) Loan: Buyer ❑does ©does not intend 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: ❑FHA ❑VA (attach FHA/VA Financing Addendum) []Conventional []Down Payment Assistance Program ❑Other: loan at a ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of plus any financed VA Funding Fee or FHA MIP for a term of _ year(s), at an initial interest rate not to exceed %per antrum (the "Loan"). NOTE: Buyer's obligations under this Contract are not conditioned upon obtaining or closing any loan. Some mortgage loan programs and Down Payment Assistance programs selected by Buyer may impose additional repair obligations, conditions or costs upon Seller or Buyer, and more information may be needed. NOTE: If Buyer does not intend to obtain a new loan, 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 ban. Page fi of 15 STANDARD FORM 2-T yam. -7 Revised 72020 Buyer's initials �r-� Seller's inidwol /% C 7/2020 -v rbramaq aawn i mo Fnren auo flew. r ww,�.,i �. rswswr OCT 19 2020 (b) Other Properly: Buyer ❑ DOES ❑)C DOES NOT have to sell or lease other real property in order to qualify for a new loan or to complete the purchase. (Complete Uwe following only if Buyer DOES have to sell m� lease other real proper(y:) Other Property Address: ❑ (Check if applicable) Buyer's other property IS under contract as of the date of this offer, and a copy of the contract has either been previously provided to Seller or accompanies this offer. (Buyer may mark ont any confidential in%rnmtion. such as the put chase price and tire buyer's identity, prior to providing a copy of the contract to Seller.) Failure to provide a copy of the contract shall not prevent this offer from becoming a binding contract; however, SELLER IS STRONGLY ENCOURAGED TO OBTAIN AND REVIEW THE CONTRACT ON BUYER'S PROPERTY PRIOR TO ACCEPTING THIS OFFER. ❑(C'heck if applicable) Buyers other property IS NOT under contract as of the date of this offer. Buyer's property (check only ONE of the fallowing options): B listed with and actively marketed by a licensed real estate broker. will be listed with and actively marketed by a licensed real estate broker. LJ Buyer is attempting to selitlease the Buyer's Property without the assistance of a licensed real estate broker. NOTE: This Contract is NOT conditioned upon the salellease or closing of Buyer's other property. If the parties agree to make this Contract conditioned on a saMAme or closing of Buyer's other property, an appropriate contingency addendum should be drafted by a North Carolina real estate attorney and added to this Contract. (c) Performance of Buyer's Financial Obli`ations: To the best of Buyer's knowledge. there am no other circumstances nr 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. (d) Residential Property and Owners' Association Properly Disclosure Statement (check only one): ❑ Buyer has received a signed copy of the N.C. Residential Property and Owners' Association Disclosure Statement prior to the signing of this offer. Q Buyer has NOT received a signed copy of the N.C. Residential Property and Owners' Association Disclosure Statement prior to the signing of this offer and shall have the right to terminate or withdraw this Contract without penalty (including a refund of any Due Diligence Fee) prior to WHICHEVER OF THE FOLLOWING EVENTS OCCURS FIRST: (1) the end of the third calendar day following receipt of the Disclosure Statement; (2)the end of the third calendar day following the Effective Date; or (3) Settlement or occupancy by Buyer in the case of a sale or exchange. ❑ Exempt from N.C. Residential Property and Owners' Association Disclosure Statement because (SEE GUIDELINES): (e) Mineral and Oil and Gas Rights Mandatory Disclosure Statement (check only one): ❑ Buyer has received a signed copy of the N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement prior to the Signing of this offer. ❑X Buyer has NOT received a signed copy of the N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement prior to the signing of this offer and shall have the right to terminate or withdraw this Contract without penalty (including a refund of any Due Diligence Fee) prior to WHICHEVER OF THE FOLLOWING EVENTS OCCURS FIRST: (1) the end of the third calendar day following receipt of the Disclosure Statement; (2) the end of the third calendar day following the Effective Date; or (3) Settlement or occupancy by Buyer in die case of a sale or exchange. ❑ Exempt from N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement because (SEE GUIDELINES): Buyer's receipt of a Mineral and Oil and Gas Rights Mandatory Disclosure Statement does not modify or limit the obligations of Seller under Paragraph 8(g) of this Contract and shall not constitute the assumption or approval by Buyer of any severance of mineral and/or oil and gas rights, except as may be assumed or specifically approved by Buyer in writing. NOTE: The parties are advised to consult with a NC attorney prior to signing this Contract if severance of mineral and/or all and gas rights has occurred or is intended. 6. BUYER OBLIGATIONS: (a) Responsibilfy ro. Propuaed Specttd Asuumcnb: Buyer shut/ take tide subject to all Proposed Spccial Assessments. (b) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to: (i) any loan obtained by Buyer, including charges by an owners association and/or management comparty as agent of an owners' association for providing information required by Buyers lender; Page 7 of 15 STANDARD FORM 2-T Buyer's initials Sellers initial .; /,,yn' .� p� Revised 7/2020 Progcea n amaM nµar. too w, ur aatr4 ,ra ®71t020 OCT 19 2020 Oil charges required by an owners' association declaration to be paid by Buyer for Buyer's future use and enjoyment of the Property, including, without limitation, working capital contributions, membership fees, or charges for Buyer's use of the common elements and/or services provided to Buyer, such as "move -in fees": (in) determining restrictive covenant compliance; (iv) appraisal; (v) title search; (vi) title insurance; (vii) any fees charged by the closing attorney for the preparation of die Closing Disclosure, Seller Disclosure and any other settlement statement; (viii) recording the deed; and (ix) preparation and recording of all instruments required to secure the balance of the Purchase Price unpaid at Settlement. (c) .Authorization to Disclose Information: Buyer authorizes the Buyers lender(s), the parties' real estate agent(O and closing attorney: (1) to provide this Contract to any appraiser employed by Buyer or by Buyers lender(s); and (2) to release and disclose any buyer's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction, their real estate agents) and Buyers lender(s). SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seller: jL�XHJ'j( 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) Lead -Based Paint (check ifnWicoble): The Property is residential and was built prior to 1978 (Attach Lead -Based Paint or Lead -Based Paint Hazards Disclosure Addendum (Standard Form 2A9-T)). (c) .Assessments: To the best of Seller's knowledge there ❑ are Mare not any Proposed Special Assessments. if any Proposed Special Assessments, identify: Seller warrants that there Q are Q are not any Confirmed Special Assessments. If any Confirmed Special Assessments, identify: NOTE: Buyers and Sellers respective responsibilities for Proposed and Confirmed Special Assessments are addressed in paragraphs 6(a)and 8(k). to) Owners' Association(s) and Dues: Seller authorizes and directs any owners' association, any management company of the owners' association, any insurance company and any attorney who has previously represented the Seller to release to Buyer, Buyer's agents, representative, closing attorney or leader true and accurate copies of the following items affecting the Property, including any amendments: • Sellers statement of account • master insurance policy showing the coverage provided and the deductible amount • Declaration and Restrictive Covenants • Rules and Regulations • Articles of Incorporation • By laws of the owners' association • current financial statement and budget of the owners' association • parking restrictions and information • architectural guidelines (specify name of association): whose regular assessments("dues") are s per . The name, address and telephone number of the president of the owners' association or the association manager is: Owners' association website address, if any: (specify name of association): whose regular assessments ("dues") are $ per . The name, address and telephone number of the president of the owners' association or the association manager is: Owners' association website address, if any: ,{•}(,,ry/ STANDARD FORM 2-T Buyers initials O `{ / Sellers initials �- "/�// �y�yyy,�� Revis®� 2020 Wme *M,*ram• C Tp r -4Ca�ii�U M ratw4 morn � �FWIr.Far a :wrsN,rr OCT 19 2020 8. SELLER OBLIGATIONS: (a) Evidence of Title, Payoff Statement(s) and Non Foreign Status: (i) Seller agrees to use best efforts to provide to the closing attorney 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 om title, surveys, covenants, deeds, notes and deeds of trust, leases, and casements relating to the Property. IN) Seller shall provide to the closing attorney all information needed to obtain a written payoff statement from any lenders) regarding any security interest in the Property as soon as reasonably possible after the Effective Date, and Seller designates the closing attorney as Seller's agent with express authority to request and obtain on Setters behalf payoff statements and/or short -pay statements from any such lenders). (iii) If Seller is not a foreign person as defined by the Foreign Investment in Real Property Tax Act, Seller shall also provide to the closing attorney a non -foreign status affidavit (pursuant to the Foreign Investment in Real Property Tax Act). In the event Seller shall not provide a non -foreign status affidavit, Seller acknowledges that there may be withholding as provided by the Internal Revenue Code. (b) .Authorization to Disclose Information: Seller authorizes: (1) any attorney presently or previously representing Seller to release and disclose arty title insurance policy in such attorney's file to Buyer and both Buyer's and Sellers agents and attorneys; (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurers (or title insurer's agent's) file to Buyer and both Buyers and Sellers agents and attorneys and (3) the closing attorney to release and disclose any sellers closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction, their real estate agent(s) and Buyers leader(s). (c) Access to Property: Seller shall provide reasonable access to the Property through the earlier of Closing or possession by Buyer, including, but not limited to, allowing Buyer and/or Buyers agents or representatives, an opportunity to (i) conduct Due Diligence, (H)verify the satisfactory completion of negotiated repairs/improvements, and (iii) conduct a final walk-through inspection of die Property. Sellers obligation includes providing existing utilities operating at Sellers cost, including any connections and de -winterizing. NOTE: See W.4 RNING in paragraph 4 above for limitation on Buyers right to terminate this Contract as a result of Buyers continued investigation of the Property following the expiration of the Due Diligence Period (d) Removal of Seller's Property: Seller shall remove, by the date possession is made available to Buyer, all personal property whit][ is not a pert of the purchase and all garbage and debris from the Property. (e) Affidavit and Indemnification Agreement: Seller shall furnish at Settlement an affidavit(s) and indemnification agreement(s) in form satisfactory to Buyer and Buyers title insurer, if any, executed by Seller and any person or ervity who has performed or furnished labor, services, materials or rental equipment to the Property within 120 days prior to the date of Settlement and who may be entitled to claim alien against the Property as described in N.C.G.S. §44A-8 verifying that each such person or entity has been paid in full and agreeing to indemnify Buyer, Buyers lender(s) and Buyers title insurer against all loss from any cause or claim arising therefrom. (f) Designation of Lien Agent, Payment and Satisfaction of Liens: If required by N.C.G.S. §44A-11.1, Seller shall have designated a Lien Agent, and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Lien Agent. Ali 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. (g) Good Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property in recordable form no later than Settlement, which shall convey fee simple marketable and insurable title, without exception for mechanics' liens. and free of any other liens, encumbrances or defects, including those which would be revealed by a current and accurate survey of the Property, except: ad valour m taxes for the current year(prorated through the date of Settlement); utility easements and unvioiated covenants, conditions or restrictions that do not materially affect the value of the Property; and such other liens, encumbrances or defects as may be assumed or specifically approved by Buyer in writing. The Property must have legal access to a public right of way. NOTE: Buyers failure to conduct a survey or examine title of the Property, prior to the expiration of the Due Diligence Period does not relieve the Seller of their obligation to deliver good title under this paragraph NOTE: If any sale of the Property ma a "short sale," consideration should be given to attaching a Short Sale Addendum Form2A 14.T) as an addendum to this ontmct. Page 9 of 15 STANDARD FORM 2-T Bu er's initialsinitial �) Revised 712020 Y Sellers initi (it/ �a �t�U 0712020 vm,cm in rams MaNw�mea rme.n unto aaa rn eaa; r ."Una, (h) Deed, Taxes and Fees: Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this Contract, slid for state and county excise taxes, and any deferred, discounted or rollback taxes, and local conveyance fees required by law. The deed is to be made to: TBD (i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement S 12, toward any of Buyer's expenses associated with the purchase of the Property, at the discretion of Buyer and/or lender, if any, including any FHA/VA lender and inspection costs that Buyer is not permitted to pay. NOTE: Parties should review the FHA/VA Addendum prior to entering an amount in Paragraph 8(i). Certain FHA/VA lender and inspection costs CANNOT be paid by Buyer at Settlement and the amount of these should be included in the blank above w v.rucm nssocmaon eeevenarges: Seiler shall pay: (i) any fees required for confining Seller's account payment information on owners' association dues or assessments for payment or proration; (ii) any fees imposed by an owners' association and/or a management company as agent of the owners' association in connection with the transaction contemplated by this Contract otter than those fees required to be paid by Buyer under paragraph 6(b) above; and (iii) fees incurred by Seller in completing the Residential Property and OwnersAssociation Disclosure Statement, and resale or other certificates related to a proposed sale of the Property. (k) Payment of Confirmed Spacial Assessments: Seller shall pay, in full at Settlement, all Confirmed Special Assessments, whether payable in a lump sum or future installments, provided that the amount thereof can be reasonably determined or estimated. The payment of such estimated amount shall be the final payment between the Parties. (1) Late Listing Penalties: All property tax into listing penalties, if any, shall be paid by Seller. (in) Negotiated Repaira/improvements: Negotiated repairs/improvements shall be made in a good and workmanlike manner and Buyer shall have the right to verify same prior to Settlement. (n) Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Sellers obligations under this Paragraph 8 or Seller materially breaches this Contract, and Buyer elects to terminate this Contract as a result of such failure or breach, then the Eammt 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 Seller to recover the Earnest Morey Deposit. the Due Diligence Fee and/or the reasonable costs actually incurred by Buyer in connection with Buyers 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. 9. PRORATIONS AND ADJUSTMENTS: Unless otherwise agreed, the following items shall be prorated, with Seller responsible for the prorated amounts through the date of Settlement, and either adjusted between die parties or paid at Settlement: (a) Taxes on Real Property: Ad valorem taxes and recurring governmental service fees levied with such taxes on real property shall be prorated on a calendar year basis; (b) Taxes on Personal Property: Ad valorem taxes on personal property for the entire year shall be paid by Seller unless the Personal property is conveyed to Buyer, in which case, the personal property taxes shall be prorated on a calendar year basis; (c) Rents: Rents, ifany, for the Property; (d) Dues: Owners' association regular assessments (dues) and other like charges. 10. HOME WARRANTY: Select one of Ole following: ry No home warranty is to be provided by Seller. ❑ Buyer may obtain a one-year home warranty at a cost not to exceed $ which includes sales tax and Seller agrees to pay for it at Settlement. ❑ Seller has obtained and will provide a one-year home warranty from at a cost of S which includes sales tax and will pay for it at Settlement. NOTE: Home warranties typically have limitations on and conditions to covoragc. Refer specific questions to ilia home warranty comlrany. 11. RISK OF LOSS/CONDITION OF PR9P BRTY AT CLOSING: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. Seller is advi not to cancel Willing insurance on the Property until after confirming recordation of the deed. 76 Page 10 of 15 STANDARD FORM 2-T AV( �q Revised 712020 Buyels initials Sellers initials ",r /J/1 �� — � 0 712020 ProWreepipi LbFama ay dPLoph t9a1a FYYrr,aar aa0.f .ease aa"',ugeaaa ppp5yyi OCT 19 2020 Buyers 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. If the Property is not in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted, Buyer may terminate this Contract by written notice delivered to Seller and the Earnest Money Deposit shall be refunded to Buyer. If the Property is not in such condition and Buyer does NOT elect to terminate this Contrac4 Buyer shall be entitled to receive, in addition to Vic Property, the proceeds of any insurance claim filed by Seller on account of any damage or destruction to the Property. 12. DELAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contractor any subsequent modification thereto, If 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 parry is ready, willing and able to complete Settlement on the Settlement Date ("Non -Delaying Party"1 then the Delaying Party shall give as much notice as possible to the Non -Delaying Petty and closing attomev 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 (including any amended Settlement Date agreed to in writing by the parties) or to otherwise 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 parry under this Contract for the breach. 13. POSSESSION: Possession, including all means of access to the Property (keys, codes including security codes, garage door openers, electronic devices, etc.), shall be delivered upon Closing as defined in Paragraph 1(m) unless otherwise provided below: PA Buyer Possession Before Closing Agreement is attached (Standard Form 2A7-T) A Seller Possession After Closing Agreement is attached (Standard Form 2A8-T) i Possession is subject to rights of tenant(s) NOTE: Consider attaching Additional Provisions Addendum (Form 2A1 I-T) or Vacation Rental Addendum (Form 2A 13-T) 14. ADDENDA: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, 1F ANY, AND ATTACH HERETO. Additional Provisions Addendum (Form 2A 114) BConstructionNew Consetion Addendum (Form 2A3-T) Additional Signatures Addendum (Form 3-T) Owneri Association Disclosure And Condominium nark -Up Contract Addendum (Form 2A I-T) Resalc Statement Addendum (Form 2Al2= r) FIIAIVA Financing Addendum (Forth 2A4-T) Seller Financing Addendum (Form 2A5-T) Lead -Based Paint Or Lead -Based Paint Hazard Addcrdum (Form 2A9-1) Short Sale Addendum (Form 2A 14-T) Loan Assumption Addendum (Fort 2A6-T) Vacation Rental Addendum (Form 2A 13-T) Identify other attonhey or party drafted addenda MUM: n: UrvVttt NUKI H CAKULINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT ADDENDA TO THIS CONTRACT. 15. 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. 16. TAX -DEFERRED EXCHANGE: In the event Buyer or Seiler desires to effect a tax -deferred exchange in connection with (lie 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. 17. 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. 18. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and ret)/ain binding upon and for the benefit Of the panics hereto until fully observed, kept or performed. / Page I I of 15 STANDARD FORM 2-T �q ��7_)�� Revised 72020 Buyers initials Sellers initial ��4' V2020 MOa,cM%� TVf4a byr,A aYa 1VQMII VkR F +MiIV.4a0ar MMMm.d, 19. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR® or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. 20. CONDUCT OF TRANSACTION; The parties agree that any action between them relating to the transaction contemplated by this Contract may be conducted by electronic means, including the signing of this Contract by one or more of them and any notice or communication given in connection with this ContracL Any written notice or communication may be transmitted to any mailing address, e-mail address or fax number set forth in the "Notice Information" section below. Any notice or communication to be given to a parry herein, and any fee, deposit or other payment to be delivered to a party herein, may be given to the party or to such parry's agent. Delivery of any notice to a parry via means of electronic transmission shall be deemed complete at such time as the sender performs the final act to send such transmission, in a form capable of being processed by the receiving partes system, to any electronic address provided for such parry in the "Notice Information" section below. Seller and Buyer agree that the "Notice Infon»alion" and "Acknowledgment of Receipt of Monies" sections below shall not constitute a material part of this Contract, and that die addition or modification of any information therein shall not constitute a rejection of an offer or the creation of a counteroffer. 21. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and the some instrument- 22. COMPUTATION OF DAYS/TIME OF DAY: 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 perforated or made. Any reference to a date or time of day shall refer to the date and/or time of day in the State of North Carolina. [THIS SPACE INTENTIONALLY LEFT BLANK] Page 12 of 15 STANDARD FORM 2-T Buyer's initials Seller's initials UJ"J YI Revised 7no7o �a-^� ® 712020 v,ow,mean mruma ar+mrmd +eomrm..,sr. ao.e, 4114116 amn.aa{amr®m rod swM. THE NUK"I'H LAKULINA ASSOCIATION OF REALTOKS®, 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. Unless specifically provided otherwise, Buyees failure to timely deliver any fee, deposit or other payment provided for herein shall not prevent this offer from becoming a binding contract, provided that my such ffa`ilure shall give Seller certain rights to terminate the contract as described herein or as otherwise permitted by law. Date: _ O f ! /40 Date: A L0i!f.i i•YJ S cl"M IrotF s Date: Buyer Niprk-e Entity Buyer (Name of LLC/Corporatior,/Partnership/TmsUetc.) By: Name: Print Name Title: Date: Seller i Seller Entity Seller: Cardinal Point LLC _ (Name of LLC/Corporation/Partnership/frust/ete ) t :a -a l. Pri (,Nraame 7r TitIJ Date: WIRE FRAUD WARNING TO BUYERS: BEFORE SENDING ANY WIRE, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO VERIFY THE INSTRUCTIONS. IF YOU RECEIVE WIRING INSTRUCTIONS FOR A DIFFERENT BANK, BRANCH LOCATION, ACCOUNT NAME OR ACCOUNT NUMBER, THEY SHOULD BE PRESUMED FRAUDULENT. DO NOT SEND ANY FUNDS AND CONTACT THE CLOSING ATTORNEY'S OFFICE IMMEDIATELY. TO SELLERS: IF YOUR PROCEEDS WILL BE WIRED, IT IS RECOMMENDED THAT YOU PROVIDE WIRING INSTRUCTIONS AT CLOSING IN WRITING IN THE PRESENCE OF THE ATTORNEY. IF YOU ARE UNABLETO ATTEND CLOSING. YOU MAY BE REQUIRED TO SEND AN ORIGINAL NOTARIZED DIRECTIVE TO THE CLOSING ATTORNEY'S OFFICE CONTAINING THE WIRING INSTRUCTIONS. THIS MAY BE SENT WITH THE DEED, LIEN WAIVER AND TAX FORMS IF THOSE DOCUMENTS ARE BEING PREPARED FOR YOU BY THE CLOSING ATTORNEY. AT A MINIMUM, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO PROVIDE THE WIRE INSTRUCTIONS. THE WIRE INSTRUCTIONS SHOULD BE VERIFIED OVER THE TELEPHONE VIA A CALL TO YOU INITIATED BY THE CLOSING ATTORNEY'S OFFICE TO ENSURE THAT THEY ARE NOT FROM A FRAUDULENT SOURCE. WHETHER YOU ARE A BUYER OR A SELLER YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE AT A NUMBER THAT IS INDEPENDENTLY OBTAINED. TO ENSURE THAT YOUR CONTACT IS LEGITIMATE, YOU SHOULD NOT RELY ON A PHONE NUMBER IN AN EMAIL FROM THE CLOSING ATTORNEY'S OFFICE, YOUR REAL ESTATE AGENT OR ANYONE ELSE. Page 13 of 15 Fcauced �nV�t9Fam®W W�d4+ 15WOFIdNil Rwd. FMW.nkNp AW29 vww>irmvcn STANDARD FORM 2-T Revised 72020 0 72020 i�rW ' 19 2020 NOTICE INFORMATION NOTE: INSERT AT LEAST ONE ADDRESS ANDIOR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "NIA" FOR ANY WHICH ARE NOT APPROVED. BUYER NOTICE ADDRESS: Mailing Address: Buyer Fax#: Buyer E-mail: SELLER NOTICE ADDRESS: Mailing Addresses: Seller Fax#: Seller E-mail: CONFIRMATION OF ACENCY/NOTICE ADDRESSES Selling Firm Name: Cadence Real Cor Listing Firm N Acting us ❑X Buyer's Agcm Scllefa(wb)Agent Duel Agent Acting es Firm License #: C26881 Firm License #: Mailing Address: 1 Stone Street, Wrigktsvilie Beach NC M mg ddres 29480 Individual Selling Agent: F. Evan Harlon Acting as a Designated Dual Agent (clink only if applicable) Selling Agent License #: 274182 Selling Agent Phone#: (91015474594 Selling Agent Fax#: Selling Agent E-mail: evanQcadencerealty.com Buyces initials as a Designated Dual Agent (ehed only if applicable) Listing Agent License N: A21a � 7 Listing Agot Listing Agent Fax#: Listing Agent E-mail: j" p �o�,r1�wKCaSe�.Coasf TAI •ca [THIS SPACE INTENTIONALLY LEFT BLANKI Page 14 f 15 t STANDARD FORM 2-T i Initial* niti `* _. r �i _�6� Revised ® 7/20Z0 PmaKaaM riPFam'a W t0.ear lame FerMtW Rao 144nr. ttelajnN�B ten %.* OCT 19 2020 ACKNOWLEDGMENT OF RECEIPT OF MONIES Seller: ("Seller") Buyer: Chris Boggs, Philip Barker ("Buyer") Property Address: 2509 Shandy Lane Wilminetoa NC 28409 ("property") --------------------------------------- --------------------------------- --- LISTING AGENT ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph I(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of S , receipt of which Listing Agent hereby acknowledges. Date Firm - By: (Signature) -' -- ----- --- (Print name) -------------------------- SELLER ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph I(d) of the Offer to Purchase and Contract between Buyer and Seiler for the sale of the Property provides for the payment to Seller of a Due Diligence Face In the amount of S , receipt of which Seller hereby acknowledges. Date: Seller: (Signature) Date: Seller: (Signature) ------------------------------------------------------------------------------------------- ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF INITIAL EARNEST MONEY DEPOSIT Paragraph IN) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an Initial Earnest Money Deposit in the amount of S 10,000.00 Escrow Agent as identified in Paragraph I(f) of the Offer to Purchase and Contract hereby acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date: Firm: Closing Attorney By (Signature) (Print name) ---------------------- ___ ❑ ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF (ADDITIONAL) EARNEST MONEY DEPOSIT Paragraph I(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an (Additional) Earnest Money Deposit in the amount of S .Escrow Agent as identified in Paragraph I(f) of the Offer to Purchase and Contract hereby acknowledges receipt of the (Additional) Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date: Firm: Closing Attorney Time: A.M.[]P.M. By: (Signature) (Print Page 15 of 15 STANDARD FORM 2-T Revised 7/20200 i,oWCN wM DOFwma try DpleaR 190]O Foam MOO aced. Raw. Mlnprn CPa)a aa,��elm, �, —u CT175 2120 anew Tea Tax Inl No Verified by by FOR te618iRRTlotr REa18TFR K ounce RFJFW T peI TIrW GIFT DEED resit Foes ass 0{ 1NIB�aE T�t�tNeWet1 N Receding, Trine. Boot aria Pareal Identifier No. County on the day of 15-000 15-002 . 19 after recording to Lucy H. Wendt, 204 W. Drewry Lane, Raleigh, N. C., 27609 The Instrument was prepared by George H. Newsome, 717 Yarmouth Road, Raleigh, N,C.,27607 Brief description fur the Index .59 S .666 Acrea,Harnett Twp NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this day of GRANTOR Lucy H. Wendt 19 by and between GRANTEE William H. Wendt, III and his wife Marilyn McRinny Wendt At?a,&Z' ?IC' .276.5- yule. {n e"reerte4 N«e her .«h sari, ... Beans etl. It aeeraPeee. eeereere as easy. fie «r"eauee fir sa.,ismsN, The designation Grantor and Grantee as used hereto *hall Include mid parties, fl dr hem, saeremors, and assigns, and shall Include singular, plural, maseulme, feminine or neuter as required by wonder, WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which to hereby jfk o6wl d, Ira and bp thIle ie ents does grant, b rgara, sell and convey auto the Creation a fee simple. all that rceni dl{ unwidet� �ntereet in N"It �esilsur lot or palest of land situated in the City of Wilmington Harnett Township. New Hanover County, Ninth Gasoline and more onrt cutally described as follous- See Exhibit "A" attached hereto and incorporated by reference. OCT 19 2020 The property bereinabove described was acquired by Grantor by instrument recorded W Book 1424, Page 0226 New Hanover County Registry A map showing the above described proper! 1 ecorded IoY tat B * ided interest psge n said . �E percent un�lv TO HAVE AND TO HOLD the afureealdAot or parcel of land and W privileges and appurtenances thereto belonging W the Grantee In fee simple. And the Grantor covenants with the Grantee, that Grantor is sexed of the premises in fee sunpb% has the right to convey the @mine in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title defia t the lawful claims of all persons whomsoever except for the exceptions her matter stated Title to the property herein•bove described Is subject to the following exceptions This property is conveyed subject to covenants, easements, restrictions and liens of record and to 2001 taxes. W witness wneaaor, rn. pnnn. «. n.n.nla ... a r•,ronu S iu ) e b a u m eeN M this deed solely for the purpose of and ivided.inLerraL._ia_Lhis.1�rnperLy LCaeP«eY Meal ...... ........ .............. 1s«Mg lgadaassfa a" I. e....e ..I. t 11 ryer. u. nu a {rill I....ne nl •e .I{.•. In w Ir• S a.• r I w ri Increa ta. a . u.0 `a ma's itu�6enf8" `jo'�nTtan 'i a execuE'lon 5Y release rig his mar tat rights to Grantor's -...................................ugw in O A.-y.JX_Il•R.lfl. 1 S ((/ ---- _ -.lsum A .1 ........................------- »-.....-................. Como g, a IYYv PtINIr at 1M caaaY and «der .wwlL «rWr made ..__Lvex.H— 114tadt.•and.._..__ William H. Wendt, Jr. ____,_____w[.wr, ------------_..__.'...-------------—._'.—..__..._._. Pal[aw.lty fp«nsd "to.. we Wld der sad ueasweedaed W sa«Nlm N W r«aaaYy MNw wl V a.na m• nrwul mmP ee .e.4 NI. !�'�Pdar N �_(�V (Y..L.�.-.....aIe... Mr cemseb.ua r.Plw• 7 �.?-01 _µ -!" `^ N««Y ra SCAT -STAMP NVOTII CAROLINA, -. - - - -Leaner 1, . 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N ne.de OCT 19 2020 NC BV Av^ Form No 3 0 ION lYwfas 1917 NIn" by Agr.r.M was day N C am, ANn P.oYP—IN Co Mc P 0 Bo. 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Recorder: 02/05/2001 08.35.38 AM RE 2880 Page. 281-284 2001003890 DEED 4 PGS $12.00 PATRICIA BARNES .lf1t...fRRfIRf.....1R..iRYff.f..Y1fYf1Mi... 1R1ffIR...... *....... Mflf.lffRlf......ff11111f.f1flflflf lff.........1H.. State of North Carolina, County of New Hanover The foregoing certificate of NANCY R CURTIS Nota rtified to be c rrect. This 5TH of February 2001 REBECCA T CHRISTIAN , REGISTER OF DEEDS B Depu Asstatent egisterofDeeds i.......... «««...,...f. «....»,,.«.«......««...«f i.i.. «.... «.....f. Rf,.f....f... f. R.f f....fff.lf.,..«.f.. «.a..f.f.,«.« *zoos oo3x9o* 2001003890 OCT 19 2020 NC Division of Coastal Management Major Permit Application Computer Sheet iP�l Oai)Ujr r-,0_7 rrolea Name:31. d Lr I� C / rh {l4 Sr j� t Initial date of application submittal: Dare - Date application `received as complete° in the Field office: (I /2 I Permit Authorization: kd CAMA ❑ Dredge & Fill ❑Both SITE DESCRIPTfON/PERMIT INFORMATION AEC ?jVAJnw. L>�K Fee: $ Z{ iJ g ' CDAITS _ MHC cc ORW: ❑Yes ®iJo PNA: ®Yes ❑No Photos Taken: Yes ®' No❑ Setback Required (riparian): (Yes ❑No Critical Habitat: ❑Yes j$No ❑Not Sure 15 foot waiver obtained: Yes No Hazard Notification Returned: ❑Yes ONo LSAVYes Nx No ❑Not Sure Shell Bottom: ❑Yes NNo ❑ Not Sure Temporary Impacts: ❑Yes UNo Sandbags: ❑Yes 'K]No ❑ Not Sure —did the land use classification come from county LUP: RgYes ❑No Mifigation Required (optional). ❑Yes ONo Moratorium CondRions� ❑Yes ERNo ❑NA Environmental Assessment Done: ❑Yes [RNo❑NA Length of Shoreline: `"'30Ur FT. Shellfish Area D signation: Project Description: (code) Development Area: (code) Open -or- Clos I I SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) no Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) Swamp Waters (SW) ❑ High Qualdy Waters (HQW) ❑ Outstanding Resource Waters (ORW) (404) Corp. of Engineers (Jurisdicional wetlands) ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) ❑ (CJ) Saw grass (Cladium jamaicense) I n (SA) Salt arch cord rass (Spartina alterniffora) �hFd•nb� ❑ (SY) Salt reed grass (Spartina cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncos ❑ (SP) Salt/meadow grass (Spartina roemenanus) .oe. . patens) ❑ No fee required - $0.00 ❑ III(A) Private wl D&F up to 1 acre; 34g0 ❑ III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 ification to a CAMA Major o$ ❑Major Modification to a CAMA Ma or ❑ IV Any development involving D&F of p❑ennd 00 permit - $250 morethan 1 acre - $475 ❑ Permit Transfer - $100 ❑ II I(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commerciaVno dredge $100 1 and/or fill - $400 I. Private no dredge and/or fill - $2501 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 Applicant: %A✓�jr Date: w ,apt ;N Describe below the ACTMTIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE I Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One FS New Work Replace ,� 5 Maint ❑ ❑ Y PJN New Work EI Replace Maint ❑ ❑ Y [IN New -Work ❑ ❑ Y ❑ N New Work CTReplace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ Ely ❑ N New Work Cl Place Maint ❑ ❑ Y [IN New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y [IN _ _ Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final I (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any anticipated Excludes any restoration total includes any anticipated Excludes any restoration and/or restoration or and/or temp restoration or temp impact tamp impacts) impact amount) 1 tamp impacts) amount) mrorwrdtl ovi Dredge ❑ Fill [I Both ❑ Other ® 50 CtA/ �6 Q Dredge ❑ Fill ElBoth ❑ O�reh 69 Dredge ❑ Fill ❑ Both ❑ Other ❑ F- P Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919.733-2293 :: 1.888-4RCOAST :: www,nceoastalmanagementnet revised: 02.26,13 Date Date Check From Name of Vendor Check Check Permit Rct. d Received Deposited Permit Holder Number amount Number/Comments 12/10/2020 Pippin Marine Phil Barker we'lls 5641 $250.00 major fee, 2509 Shandy Lane, PA rct. Construction LLC Fargo Wilmington NHCO NO split 11566 Major Permit Fee Schedule Project Name:Talk,-- cbC y rXfayyr,6ounty: J/NC Check No & Amount r f ��� Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: If. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, of D below applies: III(A) _ Private, noncommercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, ff General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C) _ If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concems related to water quality or aquatic life: III(D). If General Water Quality Cerfifin6on No. 417S a nnot be applied. $400 60% ($240) 40% ($160) IV_ Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: DCM Coordinator: Curt Weychert County: 0 �+ Permit #: ' ft WIRO E-MAIL DISTRIBUTION SHEET Circle on Bio Rep / Permit for: f 14I 1`Ip 6av-y-elle­ Oversize Plans sent: N DCM Offices: Morehead City: PT (if oversize) via Couriero lik `cc Curt & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet _ •MHC documents (Curt & Amanda) Wilmington: Original hard -copy ONLY USACE & DWR (Wlro). Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: der & Carteret Cc): PN, CL, Reports, Split Sheet _ use bothrW;eg gtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet urrey (NH/BR: PN, CL, Reports, Split Sheet _ Div of Water Resources: ,Robb Mairs - 401 (BR/NH): PN, CL, Reports, Split Sheet _ j0eleg401 (PN/ON): PN, CL, Reports, Split Sheet _ Div of Water Resources: /Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: ✓KKiim Harding DCM Planner/WiRO: " Mike Christenbury Cultural Resources: 'Renee Gledhill Environmental.Review0mcdenrcov_ -Earley Natural Heritage Prog. t'4ney Butler_ DCA-Rural Eco. Dev: vl6ark Ziegler NC DOT: ✓David Harris _ Wildlife Resources: ✓ / Maria Dunn w/Reports _ State Property Office: Walton: DEED Moser _ Hilliard, Real Property Agent (Bio Reports only) _ Shellfish Sanitation: /anda retemy Humphrey (Bio) / fa��,aion Gupton, Admin. DEMLR: ✓Clyistine Hall - Stormwater Section an Sams - Land Quality Section Public Water Supply: %Heidi Cox City of Wilmington: Thurston Enforcement: atathryn k-/Fifeld, Rep: 1 Co. LPO 0 11 1/yi Agent: t DISTRIBUTED: Updated 10/0V20 CAMA/Shaun majors docsre Agency List