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HomeMy WebLinkAbout145-21 Danny Rice LLCPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 1 13-229 Permit Number 145-21 Issued to Danny Rice LLC. and William Salak, 727 Hughes Rd., Hampstead, NC 28443 Authorizing development in Pender County at adi. to Topsail Sound, in Lots 11 and 12 within Topsail Watch S/D , as requested in the permittee's application did 6/15/21, incl air workplan drawings (5), Appendix B did "Rec DCM Wil 7/19/21", Sheets 1,2 of 5 did "Rev 9/5/21", Sheet 4 of 5 did 6/15/21 & Sheet 5 of 5 did"Rec Wilm 7/19/21". This permit, issued on November 3, 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 )f these terms may be subject to tines, imprisonment or civil action; or may cause the permit to be null and void. Multi -Lot Dockine Facilitv 1) This permit authorizes only the docks, piers, boatlifts, 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) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as treasured from the bottom of the decking. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee 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. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signatutre of Perm ittee Danny Rice LLC. and William Salak ADDITIONAL CONDITIONS Permit No. 145-21 Page 2 of 3 3) 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. 4) This permit authorizes a maximum of 2 formalized boat slips. 5) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharged at the mooring 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. 6) 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. 7) Should Lots 11 or 12 be sold prior to the initiation of construction of the docking facility, the permittee shall contact the Division of Coastal Management to determine if additional authorization is required. 8) 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. 9) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 10) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. l 1) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. Sedimentation and Erosion Control 12) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 13) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. Danny Rice LLC. and William Salak ADDITIONAL CONDITIONS USACE Conditions Permit No.145-21 Page 3 of 3 14) 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 https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf. General 15) 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. 16) All construction debris associated with the removal or construction of the permitted docking facility shall be contained within the authorized project area and disposed of in appropriate waste receptacles in an upland location. 17) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that maybe required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2021-01605). 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. 2021-1157. 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 level. NOTE: An application processing fee of $250 was received by DCM for this project. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: -0a6r\J 9"c-E, l_L.0 Type: (Check all that apply) New __ J Major Mod _ _. Permit# Minor Mod _ Renewal Transfer Permit Coordinator: Bod(lar- - - Field Representative: -W - - - - - - Date Time Mess' e �/ a7-/8I 1r - " a,w � , AHC -1 l P"'�i �c �Lt'� v�oP� � �4„tS "l naT C! ✓�C L {o he r�P�d.tfc�� ScaKnr� I�wl leS'b� 'I �./� #A cWS c�`{d fie✓ g� ��IQ�tI '51tts( ail CA� S wv�vcl P65 tcc4eveJ. % fiu,`t J -b ? D � atGC �I�lt� try C-�k DCM Coordinator: FOD/.k Permit #: /qj57--2_ ( MAILING DISTRIBUTION SHEET A(G 2 003 DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington j5vo (OBJECTIONS ) US ACOE Offices: f&f(q Washington: Raleigh Bland (Beaufort, Camden, howan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Renee Gledhill -Earley at Environmental. Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARO) Jimmy Harrison Washington: Chris Pullinger-401 Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider-401 (Carteret, Onslow, Pender, Brunswick, New Hanover) John Perry — 401 (TBD) Christine Hall - Stormw*r Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARO)r, Natural Heritage Program Rodney Butler (NCDOT) Travis Wilson U M MP•1 APPLICATION for miler Development Permit (last rovised 12.j27,06) C1 North Carolina DIVISION OF COASTAL MANAGEMENT Business Name Project Name (it applicable) Danny Rice, Llc Applicant tFirst Name MI Lest Name Casey R1Ce nArd 2. Fast MI Last Name }gyp If additional appficents, please attach an additional pages) with names listed. Mailing Address PO Box City Stak 727 Hughes Road B Hampstead NC ZIP Country Phone No. FAX No. 28443 828 .230 - 4889 ext. - Street Address (if different from above) City Stale ZIP Email crice@localhrstbank.com Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Conlractor2: First Name MI Last Name Mailing Address PO Box City Stale ZIP Phone No. i Phone No. 2 ext. FAX No. Contractor A Street Address (A d6Nerera from above) City Slate ZIP Email RECEIVED <Form continues on back> �iEira�� r,i 252 508.2808 .. 1-888.4RCO A 8 T ., w w w. n c c o a s t a l m a n a g e at a n t. n et Dcm-mH %I Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit County (can be nnueiple) Street Address Slate Rd. # Pander Lots 11 and 12 Topsail Watch PB43/008 Subdivision Name city State Zip Topsail watch and Pirates Cove Hampstead NC 28443 - Phone No. Lot No.(s) (if many, attach additional page with list) same- - ext. 11,12. 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Topsail Sound and Waterway c. is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Topsail Sound e. Is proposed work within city limits or planning jurisdiction? f If applicable, list the planning jurisdiction or city limit the proposed ❑Yes NNo work falls within. Hampstead/Surf City • ��yy lCi yr r}3 vxl rwi ". rDyi •�^S�r,�,'�q Y t t q H 't<kYf4 '¢"' r�jlj4 a. Total length of shoreline on the tract (h.) b. Size of entire tract (sq.tt.) approximately 280 feet 3.61 total c Size of individual lolls) d. Approximate elevation of tract above NHW (normal high wafer) or 1.74, 1.87, NWL (normal waterlavel) (if many lot sizes, please attach additional page with a lisp 0.8' ❑NNW or ®NWL e. vegetation on tract The properties are mostly clear cut with a few mature pines remaining, live oak and myrtles I. Man-made features and uses now on tract RECEIVED None JUL 27 2021 g. Identify and describe the existing land uses adiacenl to the proposed project site. DCM-M land is HD CITY adjacent use residential h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-2078 (Attach zoning compliance certificate, if applicable) NYes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yea NNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA National Register listed or eligible properly? <Form continues on next page> RECEIVE -: JUL IN 262.808.2808 :; 1.888.4RCOAST ;: www.necoastalmanagement.net Form DCM MP-t (Page 3 of 4) APPLICATION for Major Development Permit M. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands an the site? ®Yes ONO (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Nonelfuture on -site o. Describe existing drinking water supply source. municipal p. Describe existing storm water management or treatment systems. None t} i `A' YRi� f1 Y "WAR, I a. Will the project be for commercial, public, or private use? ❑Commercial y�7w1.IM y ❑PubliclGovemment ®Privatelcommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. The project would be limited to a shared pier and dock. No other work is planned at this time 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. pumps and other equipment would be used to install pilings and would remain on site during construction d. List all development activities you propose. The project would be limited to the construction of a shared pier, platform and two boatliRs e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? less than 0.5 ❑Sq.FI or Acres g. Will the proposed project encroach on any public easement, public aecessway or other area Dyes ®No DNA that the public has established use of? RECEI h Describe location and type of existing and proposed discharges to waters of the slate. None JUL 27 i. Will wastewater or stonnwater be discharged into a wetland? Dyes ®No [:DNA If yes, will this discharged water be of the same salinity as the receiving water? Dyes ®No DNA j. Is there any mitigation proposed? Dyes ®No If yes, attach a mitigation proposal. ' "_CEIVr-C1 <Form continues on back> Jul. 19 71 ; •. DCM WILMING'I" IN +C: 252.808.2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net ED .021 CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give ee 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 under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. 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 mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name james hayworth Phone No. Address 2840 south college road, Box 211, Wilmington, NC 28412 g, A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permiltee, and issuing dales. In Signed consultant or agent authorization tone, if applicable, i i. Wetland 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 the N,C, Environmental P01icy Acl (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Actt i unoarsrsn0 mat any pemat Issued In response to this application volt 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 slate 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 ce jfy that the information provided in this application is thful to the q l of my knowledge. Date _ Print Name O l/v G Signature Please indicate application attachments pertaining to your proposed project- OCCM MP-2 Excavation and FIB Information ❑DCM MP-5 Bridges and Culverts ODCM Ml Upland Development CDCM MP-4 Structures Information RECl:.IVWItCEIVED jut 19 6& 2 6 202'I 252.008.2808 :: 1.888.4RCOAST t: www.nccoastalmanaqQMYX4-. b -_M�jp 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. a- (i) Is the docking facilityhnarina: b. (i) Will the facility be open to the general public? ❑Commercial ❑PublidGovemment ®Private/Community ❑Yes ®No C. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes ®No (ii) Number i If yes: (III) Length 6 (ii) Number (iv) Width 766 (iii) Length (v) Floating ❑Yes ®No (iv) Width _ (v) Floating ❑Yes []No e (i) Are Platforms included? ®Yes ONO I. (i) Are Boallifts included? ®Yes []No If yes: If yes: (a) Number 1 (m) Number 2 (iii) Length 10 (iii) Length 12.5 (iv) Width 26' (iv) Width 12.5 (A Floating ❑Yes ®No Note: Roofed areas are calculated from dripfine dimensions. q. (1) Number of slips proposed h. Check all the types of services to be provided. 3 ❑ Full service, including travel lift andlor rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ❑ Dockage ("vet slips") only, number of slips: ❑ Dry storage: number of boats: _ ❑ Boat ramp(s): number of boat ramps: _ ❑ Other, please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land out and access channel charter boats, sail boats, mixed types). []Open water; dredging for basin and/or channel small pleasure crafVskiff ®Open water; no dredging required ❑other, please describe: RECEIVED JUL 27 2021 k. Typical boat length: 21 I. (1) Will the fatality be open to the general puGCM-MHD CITY ❑Yes ®No m. (i) Will the facility have lie pilings? []Yes ®No RECEIVED (ii) If yes number of tie pilings? All. 19 7 fl : 252.808.2808 :: 1.888.4RCOA3T :: vvww.tfccoastalmanaaamen t.nat revised: 12/27,06 RECEIVED Form DCM MP-4 (structures, Page 2 of 4) JUL 27 2021 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 lank pumpout, 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. (h) Give the location and number of "Pumpoul 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 manna policy on overnight and jive -aboard dockage? k. Describe design measures that promote boat basin gushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the manna/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No JUL, 19 21+ 252-808-2808 :: 1 -888-4RCOAST :: wWw.nccoast@lm@n@gement,nAt DCM WIL.Mlq adea:°r i'7i06 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marinefdocking facility proposed within or adjacent to any shellfish harvesting area? Dyes ❑No o. Is the manna/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. OGW ❑SAV ❑SB OWL ❑None p. Is the proposed marinaldocking facility located within or within dose proximity to any shellfish leases? ❑yes El No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. a. (i) Is the boathouse structure(s): ❑Commercial ❑Publie/Govefnment OPnvate/Community (ii) Number (iii) Length IN) Width Note: Roofed areas are calculated from dripline dimensions. a. (i) Number (ii) Length (iii) Width a. Length C. Maximum distance beyond NHW, NWL or wetlands a- Is the slruclure(s): []Commercial ❑Public/Government ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge. if present. RECEIVED JUL 27 2021 b. Average distance from NHW. NWL, or wetlands b. Number d. Description of buoy (color, inscription, size, anchor, etc.) e. Arc of the swing _ DCM-MHD CITY 7. GONERAL .lUl 1 9 2Q?' 252.808-2808 :: 1.888ARCOAST :: www_nccoastalmanagement.nrtt revised: 12/27;06 Form DCM MP-4 (Structures, Page 4 of 4) e. Proximily of structural;) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. approximately 20 feel approximately 450 feet Note: For buoy or mowing piling, use arc of swing including length of vessel. c. Width of water body aooroximetety 1.183 feet. e. (i) Will navigational aids be required as a result or the project? Dyes ®No C3NA (if) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL ad 1y -3,V at taw Gde a. Give complete description: I am requesting approval to build a shared private pier and dock for the use and enjoyment of lot owners 11 and 12. 1 currently own both lots, but I intend to sell one of the lots in the future. The dock would be comprised of two boatlifts and a platform at the end. Data Project Naro� Aapllcont NameJ Applicant SJ9nat6nl 252-808-2808 1-8884RCOAST :: www,nccoaslalmp_nagement,net W' l� SCLQf RECEIVED OCT 26 2021 "FC"'-"bbA-MHD CITY ncrl"Aill- IINGro, revised: 12.27 06 PIN: 4224-56-9837-0000 Owner: DANNY RICE LLC 727 HUGHS ROAD HAMPSTEAD, NC 28443 Deed Ref: 475011990 Property Address: \�vO Sale Date: LAST _SALE _DATE Plat: 00430008 Mount No: 1012162 \4I Township: TOPSAIL �0 �G Subdivision: TOPSAIL WATCH Tax Codes: G01 F32 R40 Description: L11PB 431008 PIRATES COVE Prepared by: Casey Rice Aaes: 0 Building Value: $0 Deferred Value: $0 Exempt Amount: 0 PCL Class: R Heated Sq Feet: Pender County 1.7,825 0 0.05 0.1 02 mi 0 0,075 0,15 June 15,2021 Sheet 4 of 5 CROSS SECTION DRAWING Edge of wetlands Danny Rice, LLC Lots I I and 12 Topsail Watch Hampstead, NC 28443 Not To Scale Prepared by: Casey. Rice C IL 765, I �10 '�{� Edge of Channel 1 10' x 26' platform I I I ( with 2' x 26' step-down Normal high water I ( Normal low water OG� RECEIVED JUL 2 7 2021 DCM-MHD CITY Sheet 5 of 5 W. Bodnar, Gregg From: Dail, Jason Sent: Monday, August 9, 2021 1:08 PM To: Bodnar, Gregg Cc: Pietila, Tanya K, MacPherson, Tara Subject: RE: [External] RE: CAMA Major Application: Danny Rice, LLC I will definitely keep you in the loop. The changes should not require re -notification and are very minimal in nature. Hopefully, I can get the proposal to you later today. Essentially, they are only moving the proposed pier to run down the center of the property line, rather than putting 70% of it in one of the lots riparian corridors. The overall layout and location of the docking facility will not change. If you and Tara want to discuss the appropriate routing/distribution process, we can after or during the 2:00 meeting. Thank you Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7211, Fax:(910)395-3964 Jason. Dail @ncdenr. gov —Nathing cm pazts. -E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Monday, August 9, 2021 1:02 PM To: Dail, Jason <jason.dail@ncdenr.gov> Cc: Pietila, Tanya K <tanya.pietila@ncdenr.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: RE: [External] RE: CAMA Major Application: Danny Rice, LLC Hey Jason, Thanks for the update. Does the changes need re -notification or a restart of the 75 day? And CC me in the circulation of those new plans so I have a record for the file. Thanks, G regg MJ, From: Dail, Jason <lason.dail@ncdenr.Rov> Sent: Monday, August 9, 2021 1:00 PM To: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil>; Pietila, Tanya K <tanya.pietila@ncdenr.Rov> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: [External] RE: LAMA Major Application: Danny Rice, LLC Howdy. There was a revision to the plans concerning the pier location and as soon as Tara reviews my changes, we will get you a hard copy of the revised plans. No reason at this time to send a set of the old plans. Jason Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC28405 Phone: (910)796-7221, Fax: (910)395-3964 Jason. Dail @ncdenn gov 1>-Mth1nycmm ms,- •E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Hair, Sarah E CIV (USA)[mailto:Sarah.E.Hair@usace.armv.mil] Sent: Monday, August 9, 2021 12:50 PM To: Pietila, Tanya K <tanva.pietila@ncdenr.gov> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Dail, Jason <jason.dail@ncdenr.gov> Subject: [External] RE: CAMA Major Application: Danny Rice, LLC CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hi guys, Is there any way to get a clean version of the plans? The drawings on the aerials that came through with the app are so dark they are basically illegible. Thanks in advance. Liz From: Pietila, Tanya K <tanva.pietila@ncdenr.Rov> Sent: Friday, July 23, 20214:57 PM To: WilmingtonNCREG <WilmingtonNCREG usace.armv.mil>; Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.armv.mil>; Snider, Holley <hollev.snider@ncdenr.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Dail, Jason <jason.dail ncdenr.eov>; SVC_DCM.MHC.Admins <DCM.M HC.Ad mins@ ncdenr.gov> Subject: [Nan-DoD Source] CAMA Major Application: Danny Rice, LLC Hello All! mR.'. Please accept this correspondence as the official distribution of CAMA application from Danny Rice, LLC for development in Hampstead, Pender County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended for you. NOTE.- Please complete the bottom portion of the comment sheet with your information and signature. *RETURN TO GREGG BODNAR at ereee.bodnar6i�ncdenr.Eov* NO oversized work plans have been submitted by the applicant For questions or concerns, please contact Gregg Bodnar at grege.bodnar@ncdenr.gov or (252) 808-2808 ext. 215. 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.Pletilac@ncdenr.gov KC^^Notting Compares„J.. 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. ROY COOPER Gmwnor ELIZABETH S. BISER Secretary BRAXTON DAVIS 0(r r TO: THROUGH: FROM: DATE: NORTH CAROLINA Environmental Quality -Z42IZ� l 1 V 5� J \1 \ Gregg Bodnar — DCM Major Permit Coordinator Respective Resource Agencies (USACE, WRC, NCDMF, NCWRC, NCDWR) Tara MacPherson, District Manager, WiRO Jason Dail, Field Representative, Wilms_ August 10, 2021 SUBJECT: Revision to: CAMA Major Permit Application — Danny Rice, LLC Lots 1 I and 12, Topsail Watch Drive, Hampstead, NC Pender County Mr. Casey Rice, on behalf of Danny Rice, LLC and William Salak (under contract on Lot 11 Topsail Watch Drive, Hampstead, NC) have submitted a revised CAMA Major permit application request. On July 22, 2021, DCM circulated a field investigation report (FIR) for applicant Danny Rice, LLC. At the time, Danny Rice, LLC owned both lots 11 and 12 Topsail Watch Drive, Hampstead, Pender Co.; however, it has come to our attention that lot 11 is under contract and will close prior any permit decision from NCDCM, the COE or another State Agency. As a result, a revised permit application has been submitted listing both Danny Rice, LLC and William Salak as co -applicants on the project. Additionally, the original application package stated that the proposed project (i.e. docking facility) was intended to be a shared facility (to be used by both lot owners), and while that proposal remains unchanged, a revision has been made to the piers layout. Under the original submittal, the majority of the pier was located within the property/riparian boundary of lot 11. However, as described in Mr. Rice's email to DCM dated August 4, 2021, both parties have decided to make changes to the orientation of the pier to make it more equitable (financially) for both parties. The revised site plan drawings (both dated revised August 6, 2021), depict the pier running down the common property line to a point further than originally proposed. As currently designed, the pier would span a distance of approximately 630' from its point of origin (above the wetland line), along the common property line, before making a turn to the east, where it would re -align with the previously identified pier location. At this point, the pier and docking facility would remain unchanged from what was originally proposed. In short, the only changes being requested at this time relate to the orientation of the access pier. Currently, there are NO changes being requested to the layout and configuration of the docking facility so the location of these features would remain consistent with those originally identified in the initial major permit application. r �+ V ED SEP 9 0 2021 D_EQ.�. North CarollnaDepartment ofEnvironmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 °i�� /./`/AAA 910.796.7215 Based on the information provided, regarding revisions to the Major permit application request (plans and documents), there does not appear to be any additional impacts to any wetlands,and the size/footprint of the development plan would remain consistent with DCM's Rules concerning the Estuarine Shoreline and Public Trust AECs. At this time, this office has no objection(s) to these changes. By copy of this memo, DCM is requesting that the USACE, NCWRC, NCDWR, NCDMF provide any comments that your agency may have on,the proposed project to Gregg Bodnar of DCM's Morehead City office prior to October 2, 2021(75 day date for Major Permit review). A copy of the revised request (email copy), executed' offer to purchase agreement, signed application package (MP-1 and MP•4) and site plan drawings have been Included for your review and file. Enclosures DCM - WiRO RECEIVE® S E P 3 0 2021 NIP SECTION MHD tt North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 Jason From: Rice, Casey <crice@localfirstbankcom> Sent: Wednesday, August 4, 2021 9:10 AM To: Dail, Jason Subject: (External] Lot 11 and 12 Topsail Watch Jason, We have decided to change the pier to make it more equitable for both lot owners financially. We've decided to move it to split the property lines between lot 11 and 12 all the way down until we have to turn it to meet the 15 ft setback off Ronnie Boyd's riparian line. Please let me know if you need anything else. Thanks, Casey Rice, Business Development Officer, NMLS 1132994 1701 Eastwood Rd I Wilmington, NC 28403 Office b10-239-7095 I Internal 3742091 Fax 910-256-4975 1 Mobile 826-230-4889 www.localfirstbank.com Send me a large file: https:/Ifbftp.localfirstbank com/filedror)/crice(cDlocalfirstbank com This email maybe privileged and/or confidential, and the sender does not waive any related rights and obligations. Any distribution, use or copying of the e-mail or the information it contains by other than an intended recipient is unauthorized. If you received this e-mail in error, please advise me (by return e-mail or otherwise) immediately. RECEIVE® SEP 3 0 2021 moll .' (last revised 12127100) a North Carolina DIVISION OF COASTAL MANAGEMENT 9usiness Name ....,.`. - AroJticf Name 8l applicable) DannyRice� Llc°jg -i`- ..tl.V f '�' Appliceot t:Flrsl Noma MI lest Name Casey Rice cadt Fl -f3me - MI Lest Nam-.--' ' 11 additlonal appBcanle, please attach an additional page(s) wtlh names listed Mailing Addmss PO'Box GIY State 727 Hughes Road Hampstead NC ZIP � * Country Phorre No. FAX No. 28443 _ 828.230.4889 ext, + 'Street Address(/ dlyeranthom ebova) City Stele ZIP Email trice@Iocal8rslbe nk.com 8ushre4s Name AgenO Conl aYm is First Name MI EMI Lost Name Agent/Comractor2: First Neme Last Name Meiling Address PO Box city ..... TWO ZIP 'Phone No. i 1 ext. Phone No. 2 + + ext. - FAX No. -above) Contractor 0 ' Slreel Address (itdHerenl from _ CAy Stela ZIP • Email �tl`t�' fiECEIVEl7 SEP 3 0 2021 <Fonn continues on bark> .lilt, 19 201-' WIT" pJtP-Ere'b-4RCOAS T 1: www.necoastalmnnogemont.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit a. A project narrative. b. Aitacca�red work plat [tecTutling QladvlWand cross-seWonal drawings) drawn to scale. Pleaae�t46 ,.'present sletus'gf the proposed projerA• Is any portion already complete?..If previously authorized work, Beady indicate on mope, plats, drevAngs to distinguish between work completed and proposed: o A site or location map that is sufficiently detailed to guift agency personnel unfamiliar mot the area to the site. d_ A copy of the deed (with slate application only) or other instrument under whidi Ole eppiicaM claims W lb the agectad jiropedies,,. a. The apprppdalo'epplicegdn fee: Checkor"money order made -payable to tWNR•. ' f. A fist of are 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 mail Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name j yworlh James ha ....._.. _.. .. .-- ._ ...._.... ...... ....__,,... ..... Ptione No, Address 2840 south college road, Box 211. Wilminglon, NC 28412 g, A list of previous state or federal permits Issued ror work on the project bad. Include permit numbers, parmiaee, and issuing dales, h. Sigfia cdnALltant or agent authorization form, if applicable, I. Welland delineation, if necessary. j. A signed AEC hazard notice for pmjeds in oceanfront and inlet areas. (Must be signed by property owner) I'" A statement of compfol;ca with the N.C, EnvirorxaenlarPt—jt(N—t: .S: Ii3A 1-10).i necessary. Ir lhepiojecl evolves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Ad. rl The project will be suWaot to the condlOoris and restdclioils contained in the permit • • I cerdly that I am authorized to grant, and do in fact grant permission to representatives of slate and federal review agendea to enter an the aforementioned lands In connection with evaluating information related to this permit application and follow-up monitoring of the project i further ce (ty that the information provided In this application is 0hful to the sl of my knowledge. I Date //`?f'�+ Print Name 0:e:n f •R 1/r7�.•�i j (�14rk Q �k�Ct Signature Please Indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and FIB information pDCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development g� p ❑DOM MP•4 StructuresR li hf Structures Information RECr-WEL" SEP 3 0 2021 Jul 18 7- 292.8 ae•2808 :: 1.898•�� C�lman og9 �®_ Jr�ioa�ntrl9Ai�'. r'• Form DCM MP-4 (Structures, Page 4 of 4) e. Proximity of structure(s) to adjacent riparian properly lines approximately 20 feet Nota.' Forbucy or mooring piling, use am ofswingincluding length of vessel. a. Width at water body ecl)toxima[etY,1:7B3 feet: e. (i) Will novigatlonal aids be required as a result of the project? OYes ®No DNA (it) If yes, explain whet type and how they will be implemented. b, Proximity, of slructure(s) to adjacent docking lacilities: approximately 450 feet d Water depth at watermid end of structure at NLW or NWL ifnjji{�fi)a{y-3a rid fsva�de. a. uive complete description: I am requesting approval to build a shared private pier and dock for the use and enjoyment of lot owners 11 and 12.1 currently own both Iota, but I intend to sell one of the lots in the future. The dock would be comprised of two boatlifts and a platform at the end. CENWE SEP 3 0 2021 252.808.21108 :: 1.888.4RCOAST :: RECEIVED 7. ,t,jl j: I :I DGM revtaodt 1Z77'06 1 1 I I I r dotl000 simture vedfluVam d,[0.us1WB0-MKDp :cek DocuSign Envelope ID: 64888796•A554-44B6-A432-DM5Fi7BDF6E FIZCEIVD OFFER TO PURCHASE AND CONTRACT - VACANT LOT/LAND iConsult "Guidelines" (Form 12G) for guidance in completing this form] NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not have immediate plans to subdivide. It should not be used to sell property that is being subdivided unless th ort has been latted, properly approved and recorded with the register of deeds as of the date of the contract. If Seller is wM b u�r.. e� involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract —New Construction (Form 800-T) or, if the construction is completed, use the Offer to Purchase and Contract (Form 2-T) with the New Construction Addendum (Form 2A3-T), For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terms (together the "Contracf7. 1. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Seller": DANNY RICE, LLC (b) 'Buyer": William Salak and janna Salak (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon, NOTE: If the Propertywill include a manufactured (mobile) home(s), Buyer and Seller should consider including the Manufactured (Mobile) Home provision in the Additional Provisions Addendum.(Standard Form 2Al 1-T) with this offer. Street Address: 11 County: Pander NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown. Legal Description: (Complete ALL applicable) Plat Reference: LotlUniti 1 Block/Sectionn/a Subdivision/Condominium Topsail watch as shown on Plat Book/Slide 43 at Page(s)08 The PiN/PID or other identification number of the Property is: 4224.56-9837.0000 eC[ E Other description: Li 1 PB 431008 PIRATES COVE Some or all of the ProuertY may be described in Deed Book 4750 at Page 1990 (d) "Purchase Price": $250,000 S 1.000 So So S249,000.00 M A .0 paid in U.S. Dollars upon the following terms: t,L l�ii�i BY DUE DILIGENCE FEE made payable and delivered to , Date BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph I(t) by ❑ cash ❑personal check 0 official bank check ❑ wire transfer, ❑ electronic transfer, EITHER Cl with this offer OR ❑ within Eve (5) days of the Effective Date of this Contract. BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(f) by cash, official bank check, wire transfer or electronic transfer no later than 5 p.m. on TIME BEING OF THE ESSENCE. BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum (Standard Form 2A6-T). BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5-T). BALANCE of the Purchase Price in cash at Settlement (some or all'of which may be paid with the proceeds of a new loan) Page 1 of 12 This form jointly approved by: STANDARD FORM 12-T North Carolina Bar Association Revised 7/2020 North Carolina Association of REALTORS ,12y 0712020 Buyer initials °�, ,n, , Seller initials= 4WMEGT 113 PM Ep dodoop redevd Eodoop veered ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Enrrron tal Quality M MEMORANDUM TO: Gregg Bodnar — DCM Major Permit Coordinator Respective Resource Agencies (USACE, WRC, NCDMF, NCWRC, NCDWR) THROUGH: Tara MacPherson, District Manager, WiRO FROM: Jason Dail, Field Representative, Wi5`t_ / / > DATE: August 10, 2021 LUG• `� SUBJECT: Revision to: CAMA Major Permit Application — Danny Rice, LLC Lots 11 and 12, Topsail Watch Drive, Hampstead, NC Pender County Mr. Casey Rice, on behalf of Danny Rice, LLC and William Salak (under contract on Lot I 1 Topsail Watch Drive, Hampstead, NC) have submitted a revised CAMA Major permit application request. On July 22, 2021, DCM circulated a field investigation report (FIR) for applicant Danny Rice, LLC. At the time, Danny Rice, LLC owned both lots I 1 and 12 Topsail Watch Drive, Hampstead, Pender Co.; however, it has come to our attention that lot I 1 is under contract and will close prior any permit decision from NCDCM, the COE or another State Agency. As a result, a revised permit application has been submitted listing both Danny Rice, LLC and William Salak as co -applicants on the project. Additionally, the original application package stated that the proposed project (i.e. docking facility) was intended to be a shared facility (to be used by both lot owners), and while that proposal remains unchanged, a revision has been made to the piers layout. Under the original submittal, the majority of the pier was located within the property/riparian boundary of lot 11. However, as described in Mr. Rice's email to DCM dated August 4, 2021, both parties have decided to make changes to the orientation of the pier to make it more equitable (financially) for both parties. The revised site plan drawings (both dated revised August 6, 2021), depict the pier running down the common property line to a point further than originally proposed. As currently designed, the pier would span a distance of approximately 630' from its point of origin (above the wetland line), along the common property line, before making a turn to the east, where it would re -align with the previously identified pier location. At this point, the pier and docking facility would remain unchanged from what was originally proposed. In short, the only changes being requested at this time relate to the orientation of the access pier. Currently, there are NO changes being requested to the layout and configuration of the docking facility so the location of these features would remain consistent with those originally identified in the initial major permit application. RECEIVED OCT 26 2021 DCM-MHD CITY D_E QJ� North Carolina Department of Environmental Quality I Division of Coastal Management �../ Wilmington ice 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Based on the information provided, regarding revisions to the Major permit application request (plans and documents), there does not appear to be any additional impacts to any wetlands, and the size/footprint of the development plan would remain consistent with DCM's Rules concerning the Estuarine Shoreline and Public Trust AECs. At this time, this office has no objection(s) to these changes. By copy of this memo, DCM is requesting that the USACE, NCWRC, NCDWR, NCDMF provide any comments that your agency may have on the proposed project to Gregg Bodnar of DCM's Morehead City office prior to October 2, 2021 (75 day date for Major Permit review). A copy of the revised request (email copy), executed offer to purchase agreement, signed application package (MP-1 and MP•4) and site plan drawings have been included for your review and file. Enclosures DCM - WiRO RECEIVED OCT 2 6 2021 DCM-MHD CITY �D.F North Carolina Department of Environmental Quality I Division of Coastal Management r Wilmington Office 1127 Cardinal Drive Extension ( Wilmington, North Carolina 28405 ��\ / 910.7%.7215 Dail, Jason From: Rice, Casey <crice@localfirstbank.com> Sent: Wednesday, August 4, 2021 9:10 AM To: Dail, Jason Subject: [External] Lot 11 and 12 Topsail Watch 11WTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Jason, We have decided to change the pier to make it more equitable for both lot owners financially. We've decided to move it to split the property lines between lot 11 and 12 all the way down until we have to turn it to meet the 15 ft setback off Ronnie Boyd's riparian line. Please let me know if you need anything else. Thanks, Casey Rice, Business Development Officer, NMLS 1132994 1701 Eastwood Rd I Wilmington, NC 28403 Office 910-239-7095 1 Internal 3742091 Fax 910-256-4975 1 Mobile 828-230-4889 www.localfirstbank.com x Send me a large file: httos://fbftt),Iocalfirstbank.com/fiiledrop/crice(o)localfirstbank. com This email may be privileged and/or confidential, and the sender does not waive any related rights and obligations. Any distribution. use or copying of the e-mail or the information it contains by other than an intended recipient is unauthorized. If you received this e-mail in error, please advise me (by return e-mail or otherwise) immediately. RECEIVED OCT 2 6 2021 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Danny Rice, LLC COUNTY: Pender PROJECT NAME: Rice Docking Facility LOCATION OF PROJECT: Lots 11 & 12 Topsail Watch Dr., adj. to the Al`w in Hampstead DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7-19-21 RECEIVED JUL 27 2021 DCM-MHD CITY FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Dail DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250 #1087 APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 7-29-21 END OF NOTICE DATE: 8-20-21 ADJ. RIP. PROP NOTICES REC'D: _ DEED REC'D: Yes C) 75 DAY DEADLINE: 10-2-21 150 DAY DEADLINE: 12, Z MAIL OUT DATE: 7-23-21 STATE DUE DATE: 8-20-21 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM - Field Rep 7IL7 / 2 �js DCM - LUP Consistency Determination //L q�L112 Local Permit Officer Corps of Engineers - Regulatory Branch I I /b DWR-401Section 91301 LUZ► — IIS DWR-Public Water Supply DEMLR - Stormwater DEMLR - Sed and Erosion DOA - State Property Office / f t! L ( X Awo eareM c.4 Wildlife Resources Commission SILL Q OtM NGGd UtG� DMF - Shellfish Section DMF- Habitat&Enhancement �7'i�L� & 111c1i S or'C DNCR — Archives & History g62 (l�i DNCR-Natural Heritage Program NCDOT NC Dept of Commerce 8ll�l� M1 Recommendations for State Permit — Danny Rice, LLC The total area of the existing and proposed structures was calculated as follows: Shoreline length=+/-280 ft. x 8 sq. ft = 2,240 sq. ft. allowable. Proposed: Proposed platform = 10' x 26' = 260 sq. ft. Proposed boatlifts = Two, 13' x 13' each = 338 sq. ft. (not counted in square footage) Total square footage of proposed = 260 sq. ft. The proposed development would provide dockage for up to two (2) vessels. The waterbody in the area of the proposed pier measures approximately 1,183' across, which is CONSISTENT with NCAC 07H .0208 (b)(6)(G). The application also appears to be CONSISTENT with the remaining use standards set forth in NCAC 07H .0208(b)(6), including those which dictate the maximum allowable platform area (the 8 square foot rule), the 15' riparian setback and federal channel setback. It appears the project would not impact beds of SAV, and would therefore be CONSISTENTwith NCAC 07H .0208(b)(1). Provided the resource agencies do not have any concerns regarding significant adverse impacts resulting from the proposed project, this office has no objections to the issuance of a permit. Any permit issued should also include the following conditions: The applicant is seeking authorization to construct a shared pier for the use and enjoyment of Lots 11 and 12, so in the event a CAMA Major permit is issued, a conditional requirement should be included to limit future pier construction from either lot owner (i.e. limit both properties to one shared pier). RECEIVED JUL 27 2021 DCM-MHD CITY D_EQ� North Carolina Department ofEnvironmental Quality I Division ofCoastal Management Wilmington Office 1127 Cardinal Drlve Extension I Wilmington, North Carolina 28405 910.796.7215 Bodnar, Gregg From: Dunn, Maria T. Sent: Wednesday, September 1, 2021 5:11 PM To: Bodnar, Gregg Subject: Danny Rice modification to CMDF Permit application Gregg, NCWRC has reviewed the material presented in the memorandum dated August 10, 2021 with regard to modifications of the pier length and orientation. The changes do not affect NCWRC's position of "no comment". Thank you for the information and opportunity to review. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mail Washington, NC 27889 office: 252-948-3916 www.ncwildlife.ora Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. ROY COOPER Governor ELIZABETH S. BISER Secrntarp BRAXTON DAVIS Dlrettor NORTH CAROLINA Environmental Quality July 23,2021 C.21.of•'lb.p3 MEMORANDUM FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregri.bodnaf(Z'1)NCDENR oov SUBJECT: CAMA Applicant: Danny Rice, LLC Project Location: Lots 11 & 12 Topsail Watch Drive, adj. to the A/WW in Hampstead, Pander County Proposed Project: Proposal to construct a new access pier and platform and install two boat lifts for a total of two slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grew Bodnar at the address above by August 19, 2021. If you have any questions regarding the proposed project, contact Jason Dail at (910) 798-7221 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 M` rn < 1 -btr n n AGENCY ii(nJR.C. SIGNATURE DATE I-3D- RECEIVED AUG 2 2021 NIP SECTION MD North Carolina Depa, tment of Environmental QualltY I DlNsion of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 21140s 910.7%.7215 North Carolina Wildlife Resources Commission n Cameron Ingram, Executive Director MEMORANDUM TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality 1%?7a)- FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: July 30, 2021 RECEIVE® AUG 2 2021 ?AP SECTION MD SUBJECT: CAMA Dredge/Fill Permit Application for Danny Rice, LLC, ?ender County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCW RC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located off Lots I 1 and 12 Topsail Watch Drive adjacent the AIW W in Hampstead, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act (48 Stat. 401, as amcndcdi 16 U.S.C. 661 ct scq.), the Magnuson-St"ans Fishery Conservation and Management Act (FCMA), as amended (16 U.S.C. 1801 et seq.), and the Migratory Bird Treaty Act (16 U.S.C. 703-712 et seq.). The applicant proposes to construct a shared 6' by 765' access pier, 10' by 26' fixed platform, and two 13' by 13' boatlifts. The lifts would be approximately 160' waterward the outer edge of marsh in a 1,183' -ater body that has a narrow channel 170' from the outer marsh edge. Water depths in the vicinity :^-'-to -3.0' NLW. The area is recognized as a submerged aquatic vegetation (SAV) !—•e.seen within the slip footprint during the NC Division of Coastal *grin Fisheries site visit. The AIW W in this area is � --'^nand isdesignated a Primary Nursery Area ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 23, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar()..NCDENR.gov SUBJECT: CAMA Applicant: Danny Rice, LLC Project Location: Lots 11 & 12 Topsail Watch Drive, adj. to the AIWW in Hampstead, Pender County Proposed Project: Proposal to construct a new access pier and platform and install two boat lifts for a total of two slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by August 19, 2021. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in- depth comments with supporting data is requested. REPLY: PRINT AGENCY 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. Shannon Jenkins NC DMF - Shellfish Sanitation/Recreational Water Quality RECEWEED SIGNATURE SQL ��+y� for Shannon Jenkins DATE 07/26/21 JUL 2 6 2021 SHIP SECTION MID North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 29405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAMS Director July 23, 2021 MEMORANDUM NORTH CAROLINA EnvfronmentalQuallty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) arecg.bodnar(a)NCDENR.00v SUBJECT: CAMA Applicant: Danny Rice, LLC Project Location: Lots 11 & 12 Topsail Watch Drive, adj. to the AIWW in Hampstead, Pender County Proposed Project: Proposal to construct a new access pier and platform and install two boat lifts for a total of two slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by August 19, 2021. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in- depth comments with supporting data is requested. REPLY: PRINT NAME AGENCY SIGNATURE DATE X This agency has no abjection 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 Public Water Supply 7-27-21 "MOVED JUL 2 6 2021 PEP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 w�uu+m®maaw� 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 23, 2021 MEMORANDUM NORTH CAROLINA Environmental Quanty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) g rego. bodnarANCDEN R.gov SUBJECT: CAMA Applicant: Danny Rice, LLC Project Location: Lots 11 & 12 Topsail Watch Drive, adj. to the A/WW in Hampstead, Pander County Proposed Project: Proposal to construct a new access pier and platform and install two boat lifts for a total of two slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greau Bodnar at the address above by August 19, 2021' If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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. PRINTNAME Wanda AGENCY State Property Office SIGNATURE 164^0(0- b C".w REIC04EIVED DATE August 11, 2021 AUG 1 1 2021 MP SECTION WHAD DKQ2� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington office 127 Cardinal Drive Extension I Wilmington, North Caro0na28405 ��'� 910.796.7215 Roy Cooper, Governor North Carolina Department of Administration State Property Office August 11, 2021 TO: Greg Bodnar, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Pamela B. Cashwell Secretary Tim Walton Director FROM: Wanda Hilliard f &"to. Real Property Agent Department of Administration SUBJECT: CAMA / APPLICATION REVIEW Danny Rice, LLC RE: Lots 11 & 12 Topsail Watch Drive, adj. to the AIWW in Hampstead, Pender County Please confirm that the facilities are not located within the 1000'USACE AIW W easement area. If not, then the State Property Office has no comment on the proposed project. RECLEIVED AUG 1 1 2021 State of North Carolina I State Property Office 116 West Jones Street, Suite 4055 11321 Mail Service Ctr. I Raleigh, NC 27699 9842360270 T1 Web:http✓/www.ncspo.com ROY COOPER Governor El 17ABETH S. BISER Sevemry BRAXTON DAVIS Director July 23. 2021 MEMORANDUM NORTH CAROLINA EbvlronmentalQuatay FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Cour/er 11-12-09) greQa, bodnar(@NCDEN R.00V SUBJECT: CAMA Applicant: Danny Rice, LLC Project Location: Lots 11 & 12 Topsail Watch Drive, adj. to the AIWW in Hampstead, Pander County Proposed Project: Proposal to construct a new access pier and platform and install two boat lifts for a total of two slips. Please indicate below your agency's position or viewpoint on the.proposed project and return this form to Greaa Bodnar at the address above by August 19, 2021. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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'. PRINT NAME Al A Y k Z e[ y l .9 ✓ AGENCY PC D e.0 a f co m M.,v RECEIVE® SIGNATURE rn of Y G, 2 Q 1 S) R/ AUG 1 6 2021 Ft. DATE $((� �21 -,TAP SECTIOJ�''M D 1 North Carollna Department of Environmental Qualfty I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 29405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 23, 2021 MEMORANDUM NORTH CAROLINA EnvfronmentalQaality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) arena bodnar(o)NCDENR.Qov SUBJECT: CAMA Applicant: Danny Rice, LLC Project Location: Lots 11 & 12 Topsail Watch Drive, adj. to the AIWW in Hampstead, Pander County Proposed Project: Proposal to construct a new access pier and platform and install two boat lifts for a total of two slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by August 19, 2021. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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. X 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 AGENCY NCDMF SIGNATURE DATE 08/23/2021 D Q�� �CIVE-D AUG 2 3 2021 PAP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington North Carolina 28405 910.796.7215 ROY COOPER Governor MICHAEL S. REGAN Secretary STEPHEN W.MURPHEY Director MEMORANDUM: TO: Gregg Bodnar, DCM Assistant Major Permit Coordinator FROM: Kimberlee Harding, DMF Fisheries Resource Specialist SUBJECT: Danny Rice, Pender County- new two slip docking facility DATE: August 19, 2021 A North Carolina Division of Marine Fisheries (NCDMF) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The project site is located at lots 11 and 12 Topsail Watch Drive, adjacent to the AIWW, in Hampstead, Pender County. The adjacent waters of the AIWW are classified SA by the Division of Water Quality. The project area is designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and is open to the harvest of shellfish. Though there were no SAV found in the vicinity of the proposed docking facility, SAV was present near the shoreline of the applicant's property and the surrounding area is considered SAV habitat. The applicant proposes to construct a new access pier and platform, and install two boat lifts for a total of two boat slips. The new 6' x 765' access pier,10' x 26' fixed platform, and install two 13' x 13' boatlifts would originate from the high ground, and span east toward the AIWW. The proposed pier would span an intertidal flat measuring approximately 400' in width before crossing over an old shell hummock that is surrounded on both side by Smooth Cord grass. Based on the 6/1/2021 and 6/3/2021 site visits conducted by DCM and DMF staff, it was noted that water depths in the vicinity of the proposed platform and boatlifts ranged from -2.1' to -3 .0', during normal low water. The bay that surrounds the Topsail Watch subdivision contains several well established beds of SAV, and that SAV exists in the project area between the shoreline and the proposed platform. However, both DCM and DMF staff raked the area around the proposed lifts and platform, and did not find any existing beds of SAV. PNAs are estuarine waters where initial post -larval development occurs. Species within this area are early post -larval to juvenile and include finfish, crabs, and shrimp. Species inhabit PNAs because they afford food, protection, and proper environmental conditions during vulnerable periods of their life history, thus protection of these areas are imperative. Increased sedimentation raises concern for shellfish and shellfish RbXorbEVE nothing Compares. . AUG 2 3 2021 State of North Carolina I Division of Marine risheries 3441 Arendell Street I P.O. Box 7691 Morehead City, North Carolina 26557 252-726-7021 N.�P SECTION MHD a either the direct burial of oyster beds or reductions in filtration efficiency, respiration rates, and/or reproduction and settlement. Larval oysters require a clean hard bottom for attachment and sedimentation as little as 1 or 2 mm may inhibit settlement. Duration of sedimentation suspension and water quality degradation has been shown to result in juvenile oyster mortality. Coastal wetlands are considered among the most productive ecosystems in the world. Coastal wetlands are a productive detritus -based system that trap nutrients, toxins and sediment, aid in shoreline erosion control, dissipate wave and storm action, provides a barrier to flood damage, and provide nursery functions and support fish production. SAV is similar to PNA in that we award it the utmost protection as a valuable and fragile productive nursery habitat. On the Atlantic coast, North Carolina ranks second behind Florida in SAV presence (Funderburk et al. 1991; Sargent et al 1995). Observations since 2000 have indicated that SAV coverage in North Carolina is expanding into previously unobserved areas. SAV is a vital component to the estuarine system and is prime nursery area for many fisheries species, such as gag grouper, flounder, red drum, black sea bass, weakfish and Atlantic croaker (Deaton et al. 2010). SAV supports high diversity of foraging fish and invertebrates, and provides valuable ecosystem services as a primary producer and enhancer of water quality (Deaton et al. 2010). SAV filters water, stabilizes sediment (Fonseca 1996; Stephan and Bigford 1997), and provides refuge for juvenile finfish, crabs and shrimp (Savino and Stein 1989; Rooker et al.1998). SAV supports a vast array of epiphytes and other sessile invertebrates that serve as a food source for many fisheries species. Waters containing SAV have higher species richness and abundance than those without SAV (Thayer et al.1975, Ross and Stevens 1992), and can improve water quality and clarity through the filtration of water by the associated epiphytic community. SAV is recognized as essential fish habitat due to its primary production, structural complexity, modification of energy regimes, sediment and shoreline stabilization, and nutrient cycling (Deaton et al. 2010). For the above -mentioned reasons, the N.C. Division of Marine Fisheries would request that a moratorium on in -water work, from 1 April to 30 September is recommended to reduce the negative effects on critical fish life history activities, to include spawning migrations and nursery functions. This includes construction in open water and over wetlands or lands regularly inundated. Matting should be used to minimize the effects of temporary impacts from heavy equipment during construction. Shoaling may occur along the banks of the AIWW within the project vicinity. The placement of structures in this area may increase the amount of sediment accretion at the docking facility. Due to the classification of this area as PNA, any future requests for dredging in the area will be denied. Contact Kimberlee Harding at (910) 796-7475 or Kimberlee.Harding@ncdenr.gov with further questions or concerns. AUG 2 - ",'N %NothingCompares� MP SECTION WD State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 252-726-7021 Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal, B. Boutin. 2010. North Carolina Coastal Habitat Protection Plan. North Carolina Department of Environment and Natural Resources. Division of Marine Fisheries, NC. 639 pp. Fonseca, M. S. 1996. The role of seagrasses in nearshore sedimentary processes: a review. p. 261-286 in C. Roman and K. Nordstrom (eds). Estuarine Shores: Hydrological, Geomorphological and Ecological Interactions. Blackwell, Boston, MA. Funderburk, S. L., J. A. Mihursky, S. J. Jordan, and D. Riley. 1991. Habitat requirements for Chesapeake Bay living resources. Habitat Objectives Workgroup, Living Resources Subcommittee and Chesapeake Research Consortium with assistance from Maryland Department of Natural Resources, Solomons, MD. Rooker, J. R., G.J. Holt, and S.A. Holt. 1998. Vulnerability of newly settled red drum (Sciaenops ocellatus) to predatory fish: is early -life survival enhanced by seagrass meadows? Marine Biology 131(1): 145-151. Ross, J. L. and T.M. Stevens. 1992. Life history and population dynamics of red drum (Sciaenops ocellatus) in North Carolina waters. NC Division of Marine Fisheries, Morehead City, NC, Marine Fisheries Research Completion Report Project F-29, 130p. Sargent, F. J., T. J. Leary, D. W. Crewz, and C. R. Kruer. 1995. Scarring of Florida's seagrasses: Assessment and management options. Florida Department of Environmental Protection, St. Petersburg, Ft. Savino, J. F. and R.A. Stein. 1989. Behavior of fish predators and their prey: habitat choice between open water and dense vegetation. Environmental Biology of Fishes 24(4): 287-293, Stephan, C. D. and T.E. Bigford. 1997. Atlantic coastal submerged aquatic vegetation: a review of its ecological role, anthropogenic impacts, state regulations, and value to Atlantic coastal fish stocks. Atlantic States Marine Fisheries Commission, 77p. Thayer, G. W., S.M. Adams, and M.W. La Croix.1975. Structural and functional aspects of a recently established Zostera marina community. p. 518-540 in L.E. Cronin (ed.). Estuarine Research. Academic Press, New York, NY. RECEIVED AUG 2 3 2021 Nothing Compares MP SECTION MHD State of North Carolina I DMsionof Marine Fisheries 3441 ArendellStreet I P.O. Box 769 I Morehead City, North Carolina 28557 252-726-7021 Received: 8/18/2021 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Director July 23, 2021 �l �i `iG1 '7_� A`I rrl qPi I NORTH CAROLINA Environmental Quality ER 21-1980 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar cDNCDENR.gov SUBJECT: CAMA Applicant: Danny Rice, LLC 1 E.914IN130Ail 08/23/2021 NC -SBA Project Location: Lots 11 & 12 Topsail Watch Drive, adj. to the AIWW in Hampstead, Pender County Proposed Project: Proposal to construct a new access pier and platform and install two boat lifts for a total of two slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by August 19, 2021. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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. X 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 08/26/2021 D�FQ� •,M AUG 2 6 2021 MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 20405 910.796.7215 RECEIVED SEP 2 1 2021 213 SECTION M-11D MEMORANDUM To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination- Danny Rice LLC - Pender County Date: September 20, 2021 Consistency Determination: This project is consistent with the Pender County Comprehensive Land Use Plan Update. The applicant proposes to construct a new access pier and platform, and install two boatlifts for a total of 2 slips. The project is located at lots I 1 and 12 Topsail Watch Drive, adjacent to the AIWW in Hampstead, Pender County. I have reviewed this proposal for consistency with the Pender County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified as Developed and Conservation. Waters at the project site are classified as SA and are open to the harvesting of shellfish. The area is a Primary Nursery area. Areas of Environmental Concern are PT and EW. Pender County allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The Pender County Comprehensive Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to this project. This project appears to be consistent with the Pender County Comprehensive Land Use Plan Update. Cc: FILE ROY COOPER Governor ELIZABETH S. BISER Secretory S. DANIEL SMITH Director DATE: September 16, 2021 NORTH CAROLINA Environmental Quality FROM: Holley Snider /f Q NCDEQ-Division Water Resources 401 Buffer Permitting Branch SUBJECT: DWR#20211157 No Written Approval Required PROJECT LOCATION: Lot 11 & Lot 12 Topsail Watch, Hampstead, Pender County Rice Properties PROPOSED PROJECT: Construction of a shared docking facility to provide dockage for two (2) vessels. The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application request dated received by this office on July 23, 2021. The waters of Topsail and Middle Sound are classified as SA;HQW by the Division of Water Resources (DWR). 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. The waters of Topsail Sound in this location are classified as SA;HQW by the Division of Water Resources (DWR) and has been determined to be a Primary Nursery Area (PNA) by the Division of Marine Fisheries (DMF). Please understand that the waters around your project area have been identified as a PNA, and should requests for dredging within the proposed project area arise in the future, they will be denied. Please be aware that new dredging within a PNA is not permitted under 15A NCAC 02B .0220. This activity results in degradation of water quality standards and is therefore considered a water quality violation. Any turbidity standard violations of waters going into these creeks are also considered Water Quality Violations. [15A NCAC 026 .0220] RECEIVED SEP 3 ^ N21 RIP SECTION MHD ND rl hl North Carolina Department of Environmental Quality I Division of Water Resources ./ Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. You should also obtain and comply with any other federal, state and local requirements including (but not limited to erosion and sedimentation control regulations and state stormwater requirements before you proceed with your project). Also, the approval to proceed with your proposed impacts to waters a depicted in your application shall expire upon expiration of the 404 or LAMA Permit. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearipg to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htta://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. RIM C r-I` V_D SEP 3 0 2021 MP SECTION WD D _E Q'. North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington North Carolina 28405 910.796.7215 Q Regulatory Division Action ID No. SAW-2021-01605 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 284034343 November 2, 2021 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: RECEIVED NOV 3 2�021 LT SECTION! {I IAD Reference the application of the Mr. Danny Rice and Mr. William Salik to construct a new, private docking facility along lots 11 and 12 Topsail Watch Drive, adjacent to the AIW W and Topsail Sound, in Hampstead, Pender County, North Carolina. Specifically, the applicant proposes to construct a new access pier, platform, and install two boat lifts for a total of two boat slips. According to the application package, the applicant is requesting authorization to construct a new 6' x 765' access pier, 10' x 26' fixed platform, and install two 13' x 13' boatlifts. Beginning along the common property line shared between lots 11 and 12 Topsail Watch Drive, the applicant proposed to construct a new 6' x 765 access pier that would originate from the high ground, and span east toward the AIW W. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the modification to the State authorization: 1. 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 httt)s://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.t)df 2. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 3. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be -2- RECO E approved by the US Army Corps of Engineers (USACE) prior to implementation. NOV 3 2021 4. Except as specified in the plans attached to this permit, no excavation, filVAP SECTION Nl al mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 5. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733- 5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 7. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 8. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 9.The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 10. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 ,(North Carolina General Statutes Chapter I I3A Article 4). 11. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that -3- the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 12. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 13. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory Division, telephone (910) 251-4049 or email at sarah.e.hair@usace.army.mil. Sincerely, z!r� Liz Hair, Project Manager Wilmington Regulatory Field Office Electronic Copy Furnished: USEPA; Mr. Todd Allen Bowers NCDEQ/DCM; Mr. Gregg Bodnar NCDEQ/DWR; Ms. Holley Snider USFWS; Mr. Pete Benjamin/Mr. John Ellis NMFS; Dr. Pace Wilber/Ms. Twyla Cheatwood E C E I +'bit® NOV 3 2021 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Danny Rice, LLC 2. LOCATION OF PROJECT SITE: Lots l l and 12 Topsail Watch Drive, adjacent to the Atlantic Intracoastal Waterway (AIW W) and Topsail Sound, in Hampstead, Pender County. State Plane Coordinates- Lat:34°25'13.10"N Long: 77°35'16.01"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/1/2021 and 6tM2021 Was Applicant Present —Yes 5. PROCESSING PROCEDURE: Application Received — 7/19/21 Completed 7/19/21 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Pender County Land Classification From LUP - Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - N/A (F) Type of Structures: Existing — None Planned — Two slip docking facility. (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED tILLED MJER (A) Vegetated Wetlands (Mixed coastal & 3,720 sq. ft. 404-t3pe) (shaded) (B) Non -Vegetated Wetlands 598 sq. ft. (Open water) ((incorporated) (C) Other 11 (D) Total Area Disturbed: 5,188 sq. ft. (0.11 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: Yes PROJECT SUMMARY: The applicant proposes to construct a new access pier and platform, and install two boat lifts for a total of two slips. RECEIVED JUL 2 7 2021 DCM-MHD CITY North Carolina Department of Enviromtental Quaay I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 o+m 910.796.7215 Danny Rice, LLC Page 2 9. PROJECT DESCRIPTION: The project site is located at lots I I and 12 Topsail Watch Drive, adjacent to the AIW W, in Hampstead, Pender County. To get to the site from Wilmington take US Hwy 17 N to NC Highway 210 (approximately 18.5 miles from the Wilmington Regional Office). Turn right onto NC Highway 210 and continue approximately 0.75 miles before turning right onto Watts Landing Road. Continue along Watts Landing road a distance of approximately 1.9 miles and then turn right onto Topsail Watch Drive. The properties are located along the eastern side of the road, just east of 240 Topsail Watch Drive. The applicant owns both properties, and combined they total approximately 3.61 acres. The two lots are situated on land that is approximately 0-8 feet above mean high water (MHW). Both lots are clear of understory vegetation; however, there are mature Oaks and Pines located along the eastern shoreline. The property is currently undeveloped with no historical signs of residential use. The shoreline's curvature (along the normal high water line) suggest that the two properties have a combined shoreline length of approximately 280'. Along the shoreline, 404-type and Coastal Wetlands transition from the high ground to the waters edge where Smooth Cordgrass (Sparrina alterniora) and Black Needlerush (Juncus Romarianus) remain the pre -dominant species. Other Coastal Wetland species such as Glasswort (Salicornia spp.) and Sea Lavender (Limonium carolinianum) are mixed throughout the Smooth Cordgrass. Just east of the Black Needlerush, there is an intertidal mudflat flat (containing patchy stands of Smooth Cordgrass) that extends a distance of approximately 400' before reaching a raised shell hummock, which measured approximately 35' in width. Along the eastern side of the shell hummock, a stand of Smooth Cordgrass exists (approximately 15-25' in width) along the waters edge. The width of the waterbody (in the vicinity of the project site) measures approximately 1,183' from marsh to marsh. However, in this area, a narrow side channel runs parallel to the shoreline, at a distance of approximately 170' beyond the near shore edge of marsh grass. This channel is located between the AI W W and the high ground portion of the property. Adjacent land uses in the area are limited to single family residential development. The waters of the AIW W are classified SA by the Division of Water Quality. The project area IS designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and is OPEN to the harvest of shellfish. In addition, there are established beds of SAV in the project's vicinity. PROPOSED PROJECT: The applicant proposes to construct a new access pier and platform, and install two boat lifts for a total of two boat slips. As proposed, no high ground development would occur as a result of the project, with the focus of this scope pertaining to water dependent structures only. According to the application package, the applicant is requesting authorization to construct a new 6' x 765' access pier, 10' x 26' fixed platform, and install two 13' x 13' boatlifts. Per the site plan drawings, the pier would originate along the common property line between lots I I and 12. The reason this project is being processed as a CAMA major permit application is due to the overall length of the access pier (i.e. greater than 400' total length below normal high water). The applicant is seeking authorization to construct a shared pier for the use and enjoyment of Lots 11 and 12. RECEIVED North Carolina Department ofEnvironmental Quality I Division ofCoastal Management JUL 27 2021 Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 284D5_910.796.7215 HD CITY M _/ Danny Rice, LLC Page 3 Beginning along the common property line shared between lots I 1 and 12 Topsail Watch Drive, the applicant proposed to construct a new 6' x 765 access pier that would originate from the high ground, and span east toward the AI W W. The proposed pier would span an intertidal flat measuring approximately 400' in width before crossing over an old shell hummock that is surrounded on both side by Smooth Cordgrass. The proposed angle of the pier, as depicted on the site plan drawings, places the vast majority of the structure within the riparian corridor of lot 1 I; however, this should not create any issues as the applicant currently owns both lots 1 I and 12 Topsail Watch Drive. Once the proposed pier reaches the shell hummock, it would make a slight shift toward the south to align perpendicular to the adjacent near shore channel. Beyond the shell back, the proposed pier would extend approximately 160' and would terminate in a 10' x 26' uncovered fixed platform. The proposed fixed platform, as described, would consists of an 8' x 26' level platform with a 2' x 26' "step-down". On each end of the fixed platform, the applicant is request approval to install a single 13' x 13' boatlift. As designed, a boat lift would be located on each side of the fixed platform, resulting in a two -slip docking facility. As proposed, the length of the docking facility (as measured from the outer edge of the marsh grass along the shell hummock) would measure a distance of approximately 160' in a water body that measured approximately 1,183' in width. Based on the site plan drawings, which were confirmed during a normal low tide site visit conducted by the NCDCM and NCDMF staff on 6/l/2021 and 6/3/2021, there is a narrow channel/deeper water that runs parallel to the shoreline in the vicinity of the property. Based on water depth measurements taken during the on -site visit, it was documented that the bottom contour began to change at a distance of approximately 150' beyond the nearshore edge of marsh with the channel being located at a distance of approximately 170' beyond the nearshore edge of marsh. Additionally, based on the 6/l/2021 and 6/3/2021 site visits conducted by DCM and DMF staff, it was noted that water depths in the vicinity of the proposed platform and boatlifts ranged from -2. P to -3.0', during normal low water. It should be noted the bay that surrounds the Topsail Watch subdivision contains several well established beds of SAV, and that SAV exists in the project area between the shoreline and the proposed platform. However, both DCM and DMF staff combed the area around the proposed lifts and platform, and did not discover any existing beds of SAV. As designed, the proposed docking facility would remain within the established riparian corridor of lots 11 and 12, and would be positioned in such a manner that no waivers would be required from either adjacent riparian property owner. Although the width of water body in this location measures approximately 1,183', the total pier length would be restricted based on what appears to be a side channel (deeper water) that runs parallel to the properties, between the upland and the AIW W. 10. ANTICIPATED IMPACTS The proposed two -slip docking facility would result in the incorporation of approximately 599 sq. ft. of estuarine and public trust area, and shade approximately 3,720 sq. ft. of Coastal Wetlands. Although no Submerged Aquatic Vegetation (SAV) was observed within the footprint of the platform and boatlifts, the conditions are favorable for RECEIVED JUL 27 2021 D _EQ'" North Carolina Department of Environmental Quality I Division of Coastal Manage"M-MHD CITY Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 29405 rmn,�stx Kw. 910.7%.7215 Danny Rice, LLC Page 4 existence and the NC Division of Marine Fisheries has designated a portion of this shoreline as SAV "habitat". Furthermore, the applicant has provided a site plan that shows the location of SAV inland of the proposed docking facility and this has been confirmed by both DCM and DMF staff. Based on this information, in combination with DCM and DMF's site visits on 6/1/2021 and 6/3/2021 (at low tide), it is staffs opinion that the proposed project area is void of any established beds of SAV. The proposed development would be located outside of the 15' riparian corridor setbacks on both adjacent riparian property owners, would be constructed within '/. of the width of the waterbody and outside of the adjacent channel. The reason this project is being processed as a CAMA major permit application is due to the overall length of the access pier over the normal high water line (i.e. greater than 400' total length over normal high water). Submitted by: Jason Dail Date: 7/21/21 Office: Wilmington RECEIVED JUL 27 2021 DCM-MHD CITY D_E Q� North Carolina Department of Environmental Quality D visbn of Coastal Managrmrnt Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 29405 • �� / 910.7%.7215 Date: July 6, 2021 Sent to: Jason Dail, North Carolina Coastal Management Section/CAMA 127 Cardinal Drive Extension Wilmington, NC 28405 Dear Mr. Dail: My Company, Danny Rice, LLC owns lots 11 and 12, in the Topsail Watch community, in Hampstead, North Carolina. At this time, I am seeking a CAMA permit to build a 6' x 765' long pier, 30' x 26' platform, and two 30k boatlifts in front of these properties. Currently, I own both lots, but the intent is to sell one of the lots in the future and I would like for the future owner to have access without building a second pier. Because of this, I would like to start the pier along the lot 11/12 property line and have it shared between the two properties. In May 2021, CAMA and the Marine Fisheries Section visited the property for investigation and observed submerged grass in the area between the land area and the future platform and lift locations. My intent is to avoid these grasses by spanning over and beyond them. During their visit, it was confirmed there is deeper water beyond the edge of the grass and this is where I'd like to install the platform and boat lifts. The design has been prepared to avoid any submerged grasses, and reach deep enough water to accommodate two small boats. The water depths reported during the time of their visit was approximately three feet around the area where I intend to place the water access platform and boat lifts. These water depth measurements were taken around the time of low tide. Please accept this letter and supporting documentation as my official submittal. If there are any items missing from my application package, or if you need any additional input and explanation, please feel free to contact me anytime. Truly yours, % A Cas Rice On behalf of Danny Rice, LLC 727 Hughes Road Hampstead, NC 28443 Phone:828-230-4889 Email: CriceCwlocalfirstbank.com RECEIVED JUL 19 2021 DCM WILMINGTON, NC ` 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. RECEIVED 11 I I. 2 7 2021 I ^:TV i UC Map data 02021 1 mi 1- _.,. 1 F inr �aoa as inr 8 O 0 N C 6ti000 sienai.,e vetifil vw: ❑tln ugt.BOMKDI-zcek DocuSign Envelope ID: 54888796-A554-44B6-A432-DB45F17BDF6E OFFER TO PURCHASE AND CONTRACT - VACANT LOT/LAND [Consult "Guidelines" (Form 12G) for guidance in completing this form] NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not have immediate plans to subdivide. It should not be used to sell property that is being subdivided unless the property has been platted, properly approved and recorded with the register of deeds as of the date of the contract. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract —New Construction (Form 800-T) or, if the construction is completed, use the Offer to Purchase and Contract (Form 2-T) with the New Construction Addendum (Form 2A3-T). For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terms (together the "Contract"). 1. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Seller": DANNY RICE, LLC (b) "Buyer": William Salak and Janna Salak (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon. 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 2A11-T) with this offer. Street Address:11 Topsail Watch Drive City: Hampstead Zip:28443 County: Pender , North Carolina NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown. Legal Description: (Complete ALL applicable) Plat Reference: Lot(Unit11 , Block/Sectionn/a , Subdivision/Condominium Topsail Watch as shown on Plat Book/Slide 43 at Page(s) 08 The PIN/PID or other identification number of the Property is: 4224-56-9837-0000 egW6 Other description: Ll I PO 43/008 PIRATES COVE R Some or all of the Property may be described in Deed Book4750 at Page 1990 (d) "Purchase Price": 1,000 So So $249,000.00 paid in U.S. Dollars upon the following terms: C BY DUE DILIGENCE FEE made payable and delivered to Date D BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph l(f) by ❑ cash ❑ personal check ❑ official bank check ❑ wire transfer, ❑ electronic transfer, EITHER ❑ with this offer OR ❑ within five (5) days of the Effective Date of this Contract. BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph l(f) by cash, official bank check, wive transfer or electronic transfer no later than 5 p.m. on TIME BEING OF THE ESSENCE. BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum (Standard Form 2A6-T). BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5-T). BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan) RECEIVED Page 1 of 12 ® This form jointly approved d North Carolina Bar Association North Carolina Association of REALTORS�1-h REACTOR® ?lCi ]I�'rr,I�1C.--�i Buyer initials '�, , Seller initials Z:9PM EDT 3:13 PM EDT datbopv"n dotbop verhfl d STANDARD FORM 12-T p OCT 24vw/2020 © 7/2020 "' DCM-MHD CITY tlotl000 signature verification: dtlo. usan BO MKDI zc4 DocuSign Envelope ID: 54888796-A554-44B6-A432-DB45F17BDF6E „ran Initial Earnest Money Deposit b their due dates, or should an vF u.... Y.,... ...r,,..,,,, Y Y P Y Y 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. (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 the 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 Seller's anticipated loss, both parties acknowledging the difficulty determining Seller's actual damages for such breach. If legal proceedings are brought by Buyer or Seller against the other to recover the Earnest Money Deposit, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. (f) "Escrow Agent" (insert name): Rizzo & Blackburn, PLLC 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 Buyer's lender(s). NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow, a licensed real estate broker ("Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain the Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker or an attorney licensed to practice law in North Carolina ("Attorney") is holding the Earnest Money Deposit, the Broker or Attorney may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A-12. THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE THE EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (g) "Effective Date": The date that: (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 the 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": Buyer's opportunity to investigate the Property and the transaction contemplated by this Contract, including but not necessarily limited to the matters described in Paragraph 2 below, to decide whether Buyer, in Buyer's sole discretion, will proceed with or terminate the transaction. (i) "Due Diligence Fee": A negotiated amount, if any, paid by Buyer to Seller with this Contract for Buyer's right to terminate the Contract for any reason or no reason during the Due Diligence Period. It shall be the property of Seller upon the Effective Date and shall be a credit to Buyer at Closing. The Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seller, or if this Contract is terminated under Paragraph 6(n) or as otherwise provided iyereto. Buyer and Seller each expressly waive any right that they may have to deny the right to conduct Due Dilig tom* r o assert any defense as to the enforceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fees, it b��ejj'�jjthe intent of the parties to create a legally binding contract for the purchase and sale of the Property without regardef�t�zl!%br amount of any Due Diligence Fee. OCMWlLmlm olcNC 0) "Due Diligence Period": The period beginning on the Effective Date and extending through :00 p.t��t € � 07/15/2021 TIME BEING OF THE ESSENCE`.` as Page 2 of 12 nrT q R ,t1 STM�tDAitR II l�,F �I Revivisese d 7/20202020 2.56V�diiiipMEOT 3.13VMEOT rified DCM-MHD CFM020 tl 254P EDT tl3:13P EDT Eotl000 sienature verification: d6D us/nE0-MhO1-xek DocuSign Envelope ID: 54888796-A554-44B6-A432-D845F17BDF6E (k) "Settlement": The proper execution and delivery to the closing attorney of all documents necessary to complete the transaction contemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyance documents, and the closing attorney's receipt of all funds necessary to complete such transaction (1) "Settlement Date": The parties agree that Settlement will take place on 07/292021 (the "Settlement Date"), unless otherwise agreed in writing, at a time and place designated by Buyer. NOTE: See paragraph 12, DELAY IN SETTLEMENT/CLOSING for conditions under which Settlement may be delayed. (m) "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 with the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. If the title update should reveal unexpected liens, encumbrances or other title defects, or if the closing attorney is not authorized to disburse all necessary funds, then the Closing shall be suspended and the Settlement deemed delayed under Paragraph 9 (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 REALTORS® that all buyers should hire an attorney licensed in North Carolina to perform a closing. (n) "Special Assessments": A charge against the 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 a lien against the Property. A Special Assessment may be either proposed or confirmed. "Proposed Special Assessment": A Special Assessment that is under formal consideration but which has not been approved prior to Settlement. Whether payable in a lump sum or future installments. "Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether payable in a lump sum or future installments. NOTE: Any Proposed and Confirmed Special Assessments must be identified by Seller in paragraph 5(b), and Buyer's and Seller's respective responsibilities for Proposed and Confirmed Special Assessments are addressed in paragraphs 4(a) and 6(k). 2. BUYER'S 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 Buyer's Due Diligence, Buyer should terminate this Contract, prior to the expiration of the Due Diligence Period, unless Buyer can obtain a written extension from Seller. SELLER IS NOT OBLIGATED TO GRANT AN EXTENSION. Although Buyer may continue to investigate the Property following the expiration of the Due Diligence Period, Buyer's failure to deliver a Termination Notice to Seller prior to the expiration of the Due Diligence Period will constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyer's Due Diligence. Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Seller fails to materially comply with any of Seller's obligations under paragraph 6 of this Contract or for any other reason permitted under the terms of this Contract or North Carolina law. RECEIVED AUG 0A 2021 DCM WILMINGTON,NO RECEIVED OCT 26 2021 DCM-MHD CITY Page D2 STANDARD FORM 12-T Buyer initial o, Dom„ Seller initial Revised 7/2020 I:54 PM EDT 3:13 PM EDT ® 7/2020 aatmopverinee ealloopvenned 'dotl000 signature verification: dtlo. us/tn80-MKDI-zcek DocuSign Envelope ID: 54888796-A554-4486-A432-DB45F17BDF6E uglification for and approval of the Loan if an ,., —.r.,. a .,,.v,...a�, a...... pursue q PP y NOTE: Buyer's obligation to purchase the Property is not contingent on obtaining a Loan. Therefore, Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction. (b) Property Investigation: Buyer or Buyer's agents or representatives, at Buyer's expense, shall be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of the Property as Buyer deems appropriate, including but NOT limited to the following: (i) Soil And Environmental: Reports to determine whether the soil is suitable for Buyer's intended use and whether there is any environmental contamination, law, rule or regulation that may prohibit, restrict or limit Buyer's intended use. (ii) Septic/Sewer System: Any applicable investigation(s) to determine: (1) the condition of an existing sewage system, (2) the costs and expenses to install a sewage system approved by an existing Improvement Permit, (3) the availability and expense to connect to a public or community sewer system, and/or (4) whether an Improvement Permit or written evaluation may be obtained from the County Health Department for a suitable ground absorption sewage system. (iii) Water: Any applicable investigation(s) to determine: (1) the condition of an existing private drinking water well, (2) the costs and expenses to install a private drinking water well approved by an existing Construction Permit, (3) the availability, costs and expenses to connect to a public or community water system, or a shared private well, and/or (4) whether a Construction Permit may be obtained from the County Health Department for a private drinking water well. (iv) Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation, Rules and Regulations, and other governing documents of any applicable owners' association and/or subdivision. If the Property is subject to regulation by an owners' association, it is recommended that Buyer review the completed Owners' Association And Addendum (Standard Form 2Al2-T) 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 Buyer's lender or confirming restrictive covenant compliance. (v) Appraisals: An appraisal of the Property (vi) Survey: A survey to determine whether the property is suitable for Buyer's intended use and the location of easements, setbacks, property boundaries and other issues which may or may not constitute title defects. (vii) Zoning and Governmental Regulation: Investigation of current or proposed zoning or other governmental regulation that may affect Buyer's intended use of the Property, adjacent land uses, planned or proposed road construction, and school attendance zones. (viii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase flood insurance in order to obtain the Loan. (ix) Utilities and Access: Availability, quality, and obligations for maintenance of utilities including electric, gas, communication services, storm water management, and means of access to the Property and amenities. (x) Streets/Roads: Investigation of the status of the street/road upon which the Property fronts as well as any other street/road used to access the Property, including: (1) whether any street(s)/road(s) are public or private, (2) whether any street(s)/road(s) designated as public are accepted for maintenance by the State of NC or any municipality, or (3) if private or not accepted for public maintenance, the consequences and responsibility for maintenance and the existence, terms and funding of any maintenance agreements. NOTE: NC General Statutes Section 136-102.6(f) (the "Statute") requires that under circumstances described in the Statute, a buyer must be provided a subdivision streets disclosure statement prior to entering into an agreement to buy subdivided property described in the Statute. If Buyer or Seller are uncertain whether the sale of the Property described in this Contract (xi) Sale/Lease of Existing Property: As noted in paragraph 3(b), this Contract is not conditioned upon the saleilease or closing of other property owned by Buyer. Therefore, if Buyer must 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 M MMiroperty will take place prior to the Settlement Date of this Contract. �1�,��.. 9 (c) Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repaA4 0440?J the Property resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage caused by accepted practices applicable to any N.C. licensed professional performing reasonal�rli:Yaminations and inspections of the Property. This repair obligation shall survive any termination of th ac . Page F2 Buyer initials® eller initial 2. '4 PM EDT 3'.13 PM EDT dotluop venfled dotloop verified RECEIVED STANDARD FORM 12-T OCT 26 2021 Revised?/2020 © 7/2020 -,,4 MHD rITY Cotl000 signature verification: Nlo us/IaBO-MN01¢cek DocuSign Em�I�p�ID: 648�6y96-A5.. ...... 2-D645�1uBDF6E .-Jess from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and any termination hereof. (e) Buyer's Right to Terminate: Buyer shall have the right to terminate this Contract for any reason or no reason, by delivering to Seller written notice of termination (the "Termination Notice") during the Due Diligence Period (or any agreed -upon written extension of the Due Diligence Period), TIME BEING OF THE ESSENCE. If Buyer timely delivers the Termination Notice, this Contract shall be terminated and the Earnest Money Deposit shall be refunded to Buyer. (f) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 3. BUYER REPRESENTATIONS: (a) Loan: Buyer ® does ❑ 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: ❑ Conventional 0 Other: Construction loan at a ® Fixed Rate ❑ Adjustable Rate in the principal amount of TBD for a term of 30 year(s), at an initial interest rate not to exceed3.375 % per annum (the "Loan").NOTE: Buyer's obligations under this Contract are not conditioned upon obtaining or closing any loan. 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 loan. (b) Other Property: Buyer ❑ DOES ® DOES NOT have to sell or lease other real property in order to qualify for a new loan or to complete the purchase. (Complete the following only if Buyer DOES have to sell or lease other real property:) 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 out any confidential information, such as the purchase price and the 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. ❑ (Check if applicable) Buyer's other property IS NOT under contract as of the date of this offer. Buyer's property (check only ONE of the following options): ❑ is listed with and actively marketed by a licensed real estate broker. ❑ will be listed with and actively marketed by a licensed real estate broker. ❑ Buyer is attempting to selMease the Buyer's Property without the assistance of a licensed real estate broker. NOTE: This Contract is NOT conditioned upon the sale/lease or closing of Buyer's other property. If the parties agree to make this Contract conditioned on a sale/lease 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 Obligations: To the best of Buyer's knowledge, there are no other circumstances or conditions existing as of the date of this offer that would prohibit Buyer from performing Buyer's financial obligations i$fiefttD with this Contract, except as may be specifically set forth herein. 4. BUYER OBLIGATIONS: OCT 2 6 2021 (a) Responsibility for Proposed Special Assessments: Buyer shall take title subject to all Proposed Special As s�S ents. (b) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to: u -MHO C17r (i) any loan obtained by Buyer, including charges by an owners association and/or management company as agent of an owners' association for providing information required by Buyer's lender; (ii) charges required by an owners' association declaration to be paid by Buyer for Buyer's kIand enjoyment of the Property, including, without limitation, working capital contributions, membership or Buyer's use of the common elements and/or services provided to Buyer, such as "move -in fees"; (iii) determining restrictive covenant compliance; II appraisal; U,tll� L (v) title search; (vi) title insurance; f WILMINGTON, NO (vii) any fees charged by the closing attorney for the preparation of the closure, Seller Disclosure and any other settlement statement; Page oli2 STANDARD FORM 12-T Buyer initials W. , , , Seller initials Revised 7/2020 nnmopM niee Eodooy ve nea m 7/2020 dotl000signatureverification: dtinus/to BO MKDI-;cek DocuSign Envelope ID: 54888796-A554-44B6-A432-0845F17BDF6E t...., ..,....... T.s ..... .— (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 Buyer's lender(s), the parties' real estate agent(s) and closing attorney: (1) to provide this Contract to any appraiser employed by Buyer or by Buyer's 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 agent(s) and Buyer's lender(s). 5.SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seller: ® has owned the Property for at least one year. ❑ has owned the Property for less than one year. ❑ does not yet own the Property. (b) Assessments: To the best of Seller's knowledge there Special Assessments, identify: If any, to be paid by seller. ❑ are ® are not any Proposed Special Assessments. If any Proposed Seller warrants that there ❑ are ® are not any Confirmed Special Assessments. If any Confirmed Special Assessments, identify: NOTE: Buyer's and Seller's respective responsibilities for Proposed and Confirmed Special Assessments are addressed in paragraphs 4(a) and 6(k). (c) Owners' Association(s) and Dues: To best of Seller's knowledge, ownership of the Property ❑ subjects ❑ does not subject Buyer to regulation by one or more owners' association(s) and governing documents, which impose various mandatory covenants, conditions and restrictions upon the Property and Buyer's enjoyment thereof, including but not limited to obligations to pay regular assessments (dues) and Special Assessments. If there is an owners' association, then an Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statement (Standard Form 2Al2-T) shall be completed by Seller, at Seller's expense, and must be attached as an addendum to this Contract. (d) Sewage System Permit: (❑ Applicable ®Not Applicable) Seller warrants that the sewage system described in the Improvement Permit attached hereto has been installed, which representation survives Closing, but makes no further representations as to the system. (e) Private Drinking Water Well Permit: (❑ Applicable ® Not Applicable) Seller warrants that a private drinking water well has been installed, which representation survives Closing, but makes no further representations as to the well. (If well installed after July 1, 2008, attach Improvement Permit hereto. 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, attomy's opinions on title, surveys, covenants, deeds, notes and deeds of trust, leases, and easements relating to the Property. (ii) Seller shall provide to the closing attorney all information needed to obtain a written payoff statement from any lender(s) 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 Seller's behalf payoff statements and/or short - pay statements from any such lender(s). (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 any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys, and (3) the closing attorney to release and disclose any seller's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction, their real estate agent(s) and Buyer's lender(s). hiECEIVED RECEIVED All) b'r6 2021 OCT 26 ' 1'" I �� Page ,1(I LNILMIPIGTONNDARD FORM 12 ;;9TY STANDARD FORM 12-T Buyer initials '_ o , , Seller initials Revised 7/2020 254 PM EDT 3:13 PM EDT ©7/2020 dotladpvenfie0 dotloop verified tlov000 sienamreve,ificabm: dit u1/tnBO-MFDI-zcek DocuSign Envelope ID: 54888796-A554-44B6-A432-D845F17BDF6E i.....,.wa.....,.Y�.................,Y.,,.....,,.,...,.,..,..,.,,.,.ess to the Property Ythrough the earlier of Closing of possession by Buyer, including, but not limited to, allowing the Buyer and/or Buyer's agents or representatives an opportunity to (i) conduct Due Diligence, (ii) verify the satisfactory completion of negotiated repairs/improvements, and (iii) conduct a final walk-through inspection of the Property. Seller's obligation includes providing existing utilities operating at Seller's cost including any connections and de - winterizing. To the extent applicable, Seller shall also be responsible for timely clearing that portion of the Property required by the County to perform tests, inspections and/or evaluations to determine the suitability of the Property for a sewage system and/or private drinking water well. NOTE: See WARNING in paragraph 2 above for limitation on Buyer's right to terminate this Contract as a result of Buyer's continued investigation of the Property following the expiration of the Due Diligence Period. (d) Removal of Seller's Property: Seller shall remove from the Property, by the date possession is delivered, (i) all personal property which is not a part of the purchase and (ii) unless otherwise agreed, all garbage and debris. (e) Affidavit And Indemnification Agreement: Seller shall furnish at Settlement an affidavit(s) and indemnification agreement(s) in form satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has performed or famished 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 a lien 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, Buyer's lender(s) and Buyer's 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. All deeds of trust, deferred ad valorem taxes, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (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 valorem taxes for the current year (prorated through the date of Settlement); utility easements and unviolated 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: Buyer's 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 may be a "short sale," consideration should be given to attaching a Short Sale Addendum (Standard Form 2A14-T) as an addendum to this Contract. (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, and 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: William Salak and lanna Salak (i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $p 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 FHANA lender and inspection costs that Buyer is not permitted to pay. 0) Owners' Association Fees/Charges: Seller shall pay: (i) any fees required for confirming 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 other than those fees required to be paid by Buyer under paragraph 4(b) above; and (iii) fees incurred by Seller in completing the Residential Property and Owners' Association Disclosure Statement, and resale or other certificates related to R)E(*"Mf the Property. (k) Payment of Confirmed Special Assessments: Seller shall pay, in full at Settlement, all Confirmed Spe germs ments, whether payable in a lump sum or future installments, provided that the amount thereof can be reasonably a lid stimated. The payment of such estimated amount shall be the final payment between the Parties. �1[ R WRINGTON.IM Page d4 OCT 26 2Al"DARD FORM 12-T Buyer initials®, eller initials Revised 7/2020 2:'4 PM EDT 3:13 PM EDT 0712020 d.lnlP eared dMb,venfeJ 0CM-MHD CITY aotl000 sienk.,e verifimlon: tltInustta BO 4 kDl-zcek DocuSign Envelope ID: 54888796-A554-44B6-A432-D845F17BDF6E ky ..e,.e«A . �F.-11wV .«,.. ... .... ...e p_alties, if any, shall be paid by Seller. (m) Owners' Association Disclosure and Condominium Resale Statement Addendum (Standard Form 2Al2-T): If applicable, Seller shall provide the completed Owners' Association Disclosure and Condominium Resale Statement Addendum to Buyer on or before the Effective Date. (n) Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Seller's obligations under this Paragraph 6 or Seller materially breaches this Contract, and Buyer elects to terminate this Contract as a result of such failure or breach, then the Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to Buyer the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence without affecting any other remedies. If legal proceedings are brought by Buyer against the Seller to recover the Earnest Money Deposit, the Due Diligence Fee and/or the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. 7. 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 the parties or paid at Settlement: (a) Taxes on Real Property: Ad valorem taxes and recurring governmental service fees levied with such taxes on real property shall be prorated on a calendar year basis; (b) Rents: Rents, if any, for the Property; (c) Dues: Owners' association regular assessments (dues) and other like charges. 8. RISK OF LOSS/CONDITION OF PROPERTY AT CLOSING: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. Seller is advised not to cancel existing insurance on the Property until after confirming recordation of the deed. Buyer's obligation to complete the transaction contemplated by this Contract shall be contingent upon the Property being in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. 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 Contract, Buyer shall be entitled to receive, in addition to the Property, the proceeds of any insurance claim filed by Seller on account of any damage or destruction to the Property. 9. DELAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent modification thereto, if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in good faith and with reasonable diligence to proceed to Settlement ("Delaying Party"), and if the other party is ready, willing and able to complete Settlement on the Settlement Date ("Non -Delaying Parry') then the Delaying Party shall give as much notice as possible to the Non - Delaying Party and closing attorney 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 party under this Contract for the breach. 10. POSSESSION: Unless otherwise provided herein, possession, including all means of access to the Property (keys, codes including security codes, gate openers, electronic devices, etc.) shall be delivered at Closing as defined in Paragraph 1(m). No alterations, excavations, tree or vegetation removal or other such activities may be done before possession is delivered 11. 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, IF ANY, AND ATTACH HERETO. ❑ Additional Provisions Addendum (Form 2AI I-T) ❑ Additional Signatures Addendum (Form 3-T) ❑ Back -Up Contract Addendum (Form 2A1-T) ❑ Loan Assumption Addendum (Form 2A6-T) ® Owners' Association Disclosure And Condominium Resale Statement Addendum (Form 2Al2-T) Ift ❑ Seller Financing Addendu]Ai� ❑ Short Sale Addendum (For4-T) ❑ Identify other attorney or party drafted addenda: Conditions Addendum W..' to NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PER IK ED TO DRAFT ADDENDA TO THIS CONTRACT. Page tla' Buyer initials � W*,7" eller initials MF 2:5 PM EDT 3.13 PM EDT tlntloop vEnfietl fiotloop verifetl OCT 26 2021 STANDARD 12-T FO DC1.1 /2020 C 7/2020 tlotl000 sienatureverifiwtion: tltln. us/tuBD MNDI-zcek DocuS`gn Envelope IDi54888. "...54�44B6yA4..y .4, , 80F6E thout the written consent of all parties except in connection with a tax- - 8 e ,.6E P P deferred exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs and successors. 13. TAX -DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection with the conveyance of the Property. Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non -exchanging party shall not assume any additional liability with respect to such tax -deferred exchange. Buyer and Seller shall execute such additional documents, including assignment of this Contract in connection therewith, at no cost to the non -exchanging party, as shall be required to give effect to this provision. 14. 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. 15. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 16. 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. 17. 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 Contract. 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 party herein, any fee, deposit of other payment to be delivered to a party herein, may be given to the party or to such party's agent. Delivery of any notice to a party 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 party's system, to any electronic address provided for such party in the "Notice Information' section below. Seller and Buyer agree that the "Notice Information" and "Acknowledgment of Receipt of Monies" sections below shall not constitute a material part of this Contract, and that the addition or modification of any information therein shall not constitute a rejection of an offer or the creation of a counteroffer. 18. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and the same instrument. 19. 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 performed 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] E�SOSP 6 tiptil 4 NG �M RECEIVED OCT 26 2021 DCM-MHD CITY Page da' STANDARD FORM 12-T Buyer initials 40,7,7 , ,, ,eller initials Revised 7/2020 254 PM EDT 3'13 PM EDT ©7/202U mtloop vennetlanGoop verifies 'dotl000 sienIture verification: d0D. us/toBO-MNDI-zc4 DocuS'ign Envelope ID: 54888796-A1 -4_4 l...2-D845F17B— 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, Buyer's 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 any such failure shall give Seller certain rights to terminate the contract as described herein or as otherwise permitted by law. Date: Buyer �� aodaoy. MW oW,72, 3'.561M EDT 5GVM 3D3K MSS-HBDU y � �� eoayYermea DB/1..L2PM E Buyer DT BI%H-AD.. IW-QUQT-3YBD Entity Buyer: (Name of LLC/Corporation/Partnership/Trust/etc.) By: Name: Print Name Title: Date: Seller Seller: Entity Seller: Casey Rice tumoi*LC/Corporation/Partnership/Trust/etc. ) By: I � Ku - Casey Rice Name: Print Name Title: Member Manager 6/18/2021 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 UNABLE TO 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 SING ATTORNEY'S OFFICE TO PROVIDE THE WIRE INSTRUCTIONS. THE WIRE INSTRUCTIONS SHO RIFIED OVER THE TELEPHONE VIA A CALL TO YOU INITIATED BY THE CLOSING ATTORNEY'S O O ENSURE THAT THEY ARE NOT FROM A FRAUDULENT SOURCE. L ��SHO° NG WHETHER YOU ARE A BUYER OR A SELLER Y UL L THE CLOSING ATTORNEY'S OFFICE AT A NUMBER THAT IS INDEPENDENTLY OBTAINED. TO THAT YOUR CONTACT IS LEGITIMATE, YOU SHOULD NOT RELY ON A PHONE NUMBER IN AN ROM THE CLOSING ATTORNEY'S OFFICE, YOUR REAL ESTATE AGENT OR ANYONE ELSE. RECEIVED OCT 2 6 2021 Page IO of 12 DCM-MHD CITY STANDARD FORM 12-T Revised 7/2020 0 7/2020 tiod000 siengturevenflutlon: On us/to80.1v1MD6uek DocuSign Envelope ID: 54888796-A554-44B6-A432-D845F17BDF6E �yy INFORMATION NOTE: INSERT AT LEAST ONE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY WHICH ARE NOT APPROVED. BUYER NOTICE ADDRESS: Mailing Address: Buyer Fax #: Buyer E-mail:. SELLER NOTICE ADDRESS: Mailing Address: Seller Fax Seller E-mail: CONFIRMATION OF AGENCY/NOTICE ADDRESSES Selling Firm Name:Coldwell Banker Sea Coast Advanta a -To sail Listing Firm Name:Coastal Real Associates LLC Acting as 0 Buyer's Agent Seller's (sub)Agent Dual Agent Acting as 0 Seller's Agent Dual Agent Firm License#: C9314 Firm Mailing Address:326 North New River Drive Mailing Address: Surf City, NC 28445 Individual Selling Agent:Haley Zwick Individual Listing Agent:Andrew Smith ❑ Acting as a Designated Dual Agent (check only if applicable) ❑ Acting as a Designated Dual Agent (check only if applicable) Selling Agent License#:323554 Listing Agent License#: 261724 Selling Agent Phone#(91 o) 515-5540 Listing Agent Phone#:910-262-6744 Selling Agent Fax#: Listing Agent Fax#: Selling Agent E-mail: haleymick@seacoastrealty.com Listing Agent E-mail:andrew@hampsteadnchomes.com [THIS SPACE INTENTIONALLY LEFT BLANK] trt:� �X RECEIVED OCT 26 NZI DCM_MHD CITY Page 12 STANDARD FORM 12-T Buyer initials �, ! 2 eller initial Revised 7/2020 2'.54 PM EDT 3:13 PM EDT 07/2020 dotdop verified dotloop verified dotl000veneture verification dint, us/tnBO MKDI-zcek DocuSign Envelope ID: 54888796-A554-44B6-A432-D845F17BDF6E A(-&N1J W Lr ut;tvit';NT OF RECEIPT OF MONIES Seller: Salak and lanna Salak Property Address:11 Topsail Watch dr, Hampstead, NC 28443 "Property") ❑ LISTING AGENT ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph 1(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 $1 000 , receipt of which Listing Agent hereby acknowledges. Firm: Coastal Realty Associates LLC By: (Signature) — — — — — — — — — — — — — — — — — — -- — _ _ — — — — — — — — — — — — — — — ❑ SELLER ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph l(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 $1000 , receipt of which Seller hereby acknowledges. Date: Seller: (Signature) Date: Seller: (Signature) ❑ ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF INITIAL 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 Initial Earnest Money Deposit in the amount of $ 0 . 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 accolgliliqce with the terms of the Offer to Purchase and Contract. DateCj�tr4 Firm: Rizzo & Blackburn, PLLC •(Signature) (Print name) ❑ ESL OW AGENT ACKNOWLEDGMENT OF RECEIPT OF (ADDITIONAL) EARNEST MONEY DEPOSIT Paragraph 1(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 $ 0 . 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: Time: ❑ AM ❑ PM By: (Signature) (Print name) RECEIVED Page 12 of 12 STANDARD FORM 12-T OCT 26 2021 Revised 7/2020 © 7/2020 "'4D CITY �4ECEIVED BK 4750 PG 1990 -1993 (4) DOC# 20082852 This Document eRecorded: 04/30/2021 03:29:04 PM Fee: $26.00 DocType: DEED Tax: $640.00 Pender County, North Carolina Sharon Lear Willoughby, Register of Deeds GENERAL WARRANTY DEED TITLE NOT EXAMINED OR CERTIFIED BY PREPARER REVENUE: $aama:yko .00& PARCEL ID: 4224.56-9837-0000 &&44224-56-8850.0000 PREPARED BY: RETURN TO: Hutchens Law Firm LLP Colby & Mincey 1121-P Military Cutoff Road 1001 MilitaryCutoff Road 4204 Wilmington, NC 28405 Wilmington, NC 28405 File No,: WIL1327411 This Instrument prepared by: Chris Huff, licensed North Carolina attorney. Delinquent taxes, If any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. NORTH CAROLINA Brief Legal Description: Lot 11 & 12, Topsail Watch COUNTY OF PENDER THIS DEED made this ay of April, 2021. by and between Deborah T. Grady, Trustee of the Robert C, Grady it QTIP (Qualified Terminable Interest Properly,) Trust dated July 22nd, 2002, whose address is PO Box 3242 Topsail beach, Topsail Beach, NO 28445, hereinafter called Grantor, and Danny Rice LLC, a North Carolina limited liability company, whose address is 727 HughARoad, Hampstead, NC 28443. hereinafter called Grantee; The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. REGFTT submitted electronl Ca11y by "Colby & Mincey, PLLC" In compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement With the Pander county Register of Deeds. JUL 27 2021 M-MHD CITY BK 4750 PG 1991 DOC# 20082852 WITNESSETH That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in or near the City of Hampstead, Ponder County, North Carolina and more particularly described as follows: See Exhibit ON' The property hereinabove described was acquired by Grantor by instrument recorded in Book 2056, Page 117, Ponder County Registry, North Carolina. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor Is seized of the premises in fee simple, has the right to convey the same In fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Tide to the property hereinabove described is subject to the following exceptions: Restrictive covenants, easements and rights of way as may appear of record in the aforesaid registry as well as current year ad valorem taxes. RECEIVED JUL 27 2021 DC""D CITY ICI. 1 s BK 4750 PG 1992 DOC# 20082852 IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or If corporate, has caused this Instrument to be signed in the corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors. The property herein ❑ is 'Pt is not the principal residence of the Grantors. Deborah T. Grady, Trustee of the Robert C. Grady II QTIP (Qualified Terminable Interest Property) Trust dated July 22nd, 2002 yrr Byyp[l.w'� � 7%F� Deborah T. Grady, Tru tee at\Yt»tltlt*M<NkttfiffH»!}tHtllttRtllYFR}'lilt»}ttf f tYtMM/fklMffaitlfv»»tflf'!Yw}tfMtwNlAlf Rf4ftfn»tt44»» STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER certify that the following person(s) personally appeared be e this + day of 2021, acknowledging to me that he or she voluntarily signed the foregoing document for th purpose stated therein and in the capacity indicated: Deborah T. Grady. Trustee Date: y/a�/dpiaZ OP A 0�r� S9`90 NOTARY tili Lo otary Public rueuC = J (Official Seal) &,Clr My comtnission expires: CO��� RECEIVED �.O� JUL 27 2021 DCM-MHD CITY BK 4750 PG 1993 DOC# 20062852 EXHIBIT "A" BEING ALL of Lots 11 and 12, in a subdivision known as Topsad Watch (formerly known as Pirates Cove), according to a Plat of same duly recorded in Book of Plat 22, Page 91 of the Pender County Registry. PARCEL ID: 4224-56-9837-0000 & 4224.56-8850-0000 RECEIVED i3F.(' lV'.-l) JUL 27 2021 DCM-MHD CITY r %ff I I I ,-,G > FF.,,,djol, l Service ED MAIL'' RECEIPT Only m elion, visit our,.1 nratvuvn u.ps1'>Q7!IefTI:Li6 'Cur MeilFw t3.60 IU a G• ❑❑MNn ear OQ �CNlrlea MaY Roslrldad dFMy I7 �Mua egna,uro oopd � C3Imitate 1 to -r Total Posleps q O senr7b �}] 0 S6eeFairdApt. FTa a' ry ru Ir ru rf- 0 0 cm C3 0 t1T S ru 0 ru O r- 22 Lt Hlbamedr em rONtNC 07/09/2021 Postal Service" RTIFIFD MAIL° RECEIP Domestic Mail Only For tlelivery informallOn, visit our e+ebslte.at WWW,usps conT". ■ Complete Item, 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 mailpiece, or on the front H space permits. J(I M Z NOWN-A A ae S. Coy% Rd• �X ulfl�.,1�40n, IIIIIIIIIIIIIIIIIIII IIIIII IIIIIIIII II IIIIII III 9590 9402 6630 1028 0061 78 o nj 0 ridI Ln 10 l C3 C3 O O jg A -D jQ ru ru ru ti m <A 11121 30001 0 $� $ 91198 m r.i RECEIVED JUL 27 2021 DCM-MHD CITY ❑ Agent x M AAA — Delivery Cit, jItJ 68A!gs I D. Is delivery eddra s different from Item 17 ❑ yet If YES, ente"IssueasM111r 11Dw: ❑ No JUL 19 2021 Service Type - -ot loriTMan Excess® Adult Sipnaluro ❑ Repisteretl MellT" Adult Signature Restricted Delivery ❑ Roglsteretl Mall Resldctetl centred Melt® Delivery Certified Mail Restricted Delkrery ❑ Signature cWjjnratj,,TM ❑ collect on De lvery ❑ Signature confirmation 2. Attlele Number (ris usler rrom service label Collect on Delivery Restricted Delivery Restricted Delivery r] Insured Mall 7020 2450 0000 9292 2301 '(M,$5wilReem"edDere" PS F� duly 2020 PBN 7530-m- 00-9053 Domestic Return Receipt ■ 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 mailpiece, or on the front If space permas. fha�Tl7 Glcrn 6g55er P o. box I d 9 7 HAmFStcaa NGaoi,,s ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery addressdiff 2 t from item 1? ❑ Yu If CEYES,€n9Cey I vW below: ❑ No JUL 19 2021 " IIIIII' l'I IIIIII) IIII II IIII IIIII I �IIIIIIII O Adu Sync uro M.F.❑ ❑ Regis4red Mult�Signnat�Re ctetl Delivery ElRReegsteredalMal Restricted 9590 9402 6630 1028 0061 47 c grad MalRestncted Delivery c slg�n Confim ion— C Collect on Delivery ❑ sign Cm nno ion n e.e Io Nnmher ITramdarlrurrr servim iab IJ C Collect on Delivery Restricted Delivery Restricted Deivery 7020 2450 0000 9292 2295 ms�ed Mai Reitr od Deiaery (over WO) Ps Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Retum Receipt 7020 2450 0000 9292 2295 7/19/2021 USPS.com@- USPS Trackino Results USPS Tracking® Track Another Package Tracking Number: 70202450000092922295 Your item was delivered at 12:59 pm on July 13, 2021 in HAMPSTEAD, NC 28443. FAQs > Remove X G Delivered July 13, 2021 at 12:59 pm RECEIVED CD HAMPSTEAD, NC 28443 a rT JUL 27 2021 Get Updates v DCM-MHD CITY Text & Email Updates v Tracking History u Product Information V See Less /\ RECEIV Jul S tl DCM WILMINC. Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. https://tools.usps.coMgo/TrackConfirmAcfion?tRef=fullpage&tLc=2&text28777=&tLabels=70202450000092922295%2C&Mt=false 112 South PARCEL North Parcel RONALD LEE .55 AC PB 43/008 OFF S/W 5IDE1560 M JR GE RD BOX 221 )PSAIL WATCH Pr-CE!`v JUL 27 '�U,� DCM—MHD CITY HE(TV- is DCM WILMIN"'. TOPSAIL WATCH 2TIN GLENN JR )USE RD TOMMIES ISLAND I S64 RECEIVED JUL 2 9 2021 OCM-MHO CITY RECE]vc .lut 19 DCI9 WILMl;dG':.: CAMA MAJOR PERMIT APPLICATION Riparian Notification Form Letter From: Danny Rice, LLC C/o Casey Rice 727 Hughes Road Hampstead, NC 28443 Certified Mail —Return Receipt Requested June 29, 2021 To: James Hayworth 2840 South College Road, Box 221 Wilmington, NC 28412 Dear Mr Hayworth: Danny Rice, LLC is applying for a CAMA Major permit to build a shared pier and dock, located at lots 11 and 12, Topsail Watch, in Pender County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Jason Dail, NC Division of Coastal Management's Field Agent, 127 Cardinal Drive Extension, Wilmington, NC, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 828-230-4889, or e-mail me at trice@iocalfirstbank.com Sincere n Casey Rice Danny Rice, LLC RECEIVED JUL 2 7 2021 DCM- .iUI i 9 10, MHD CITY DCM WILMINGTON. NC CAMA MAJOR PERMIT APPLICATION Riparian Notification Form Letter From: Danny Rice, LLC C/o Casey Rice 727 Hughes Road Hampstead, NC 28443 Certified Mail — Return Receipt Requested June 29, 2021 To: Ronnie Boyd 224 Simmons Drive Wilmington, NC 28411 Dear Mr Boyd: Danny Rice, LLC is applying for a CAMA Major permit to build a shared pier and dock, located at lots 11 and 12, Topsail Watch, in Fender County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Jason Dail, NC Division of Coastal Management's Field Agent, 127 Cardinal Drive Extension, Wilmington, NC, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 828-230-4989, or e-mail me at crice@localfirstbank.com Sincerejy, Casey Rice Danny Rice, LLC RECEIVED JUL 2 7 2021 DCM-MHD CITY CAMA MAJOR PERMIT APPLICATION Riparian Notification Form Letter From: Danny Rice, LLC C/o Casey Rice 727 Hughes Road Hampstead, NC 28443 Certified Mail — Return Receipt Requested June 29, 2021 To: Martin Glenn Sasser PO Box 1297 Hampstead, NC 28443 Dear Mr. Sasser: Danny Rice, LLC is applying for a CAMA Major permit to build a shared pier and dock, located at lots 11 and 12, Topsail Watch, in Fender County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Jason Dail, NC Division of Coastal Management's Field Agent, 127 Cardinal Drive Extension, Wilmington, NC, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 828-230-4889, or e-mail me at crice@localfirstbank.com Sincerely,r C sey Rice Danny Rice, LLC RECEIVED JUL 27 2021 DCM-MHD CITY t=tE=i:,L"IVE,:Ijt 4 DGM WII MINC-V"J CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: Danny Rice. LLC c/o Casey Rice Address of Property: Lot 11 and Lot 12, Topsail Watch Hampstead NG 28443 (Lot or Street #, Street or Road, City & County) Agent's Name #: Casey Rice Mailing Address: 727 Hughes Road, Hampstead, NC 28443 Agent's phone #: 828-230-4889 Agent's email: crice(Mlocalfirstbank.com I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the develI t +;!irsq,F_',A •v-c. m: m.RblDwcit "e -e they are proposing. l I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC, 28405.3845, DCM representatives can also be contacted at (910) 796-7215. 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, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) RECEIVED I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. JUL 21 2021 (Propert ..,Owner InTormation) Signature Danny Rice, LLC Print or Type Name 727 Hughes Road Mailing Address Hampstead NC 28443 City/Stat&Zip 828-230-4889 Telephone Number Dote iom 1TY (Adjacent Property Owner Information) Signature Martin Glenn Sasser Print or Type Name PO Box 1297 Mailing Address Hampstead. NC 28433 City/Stateaip RECEIVED DCM WILM". . Telephone Number Date Revised 61182012 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: Danny Rice. LLC c/o Casey Rice Address of Property: Lot 11 and Lot 12 Topsail Watch Hampstead NG 28443 (Lot or Street#, Street or Road, City & County) Agent's Name #: Casey Rice Mailing Address: 727 Hughes Road, Hampstead NC 28443 Agent's phone #: 828-230-4889 Agent's email: crice(rDlocalfirstbank.com I hereby certify that I own property adjacent to the above referenced property The individual applying for this permit has described to me as shown on the attached drawing -the development they are proposing. "iffishk9somm I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) In writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ert., N7lmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no obfection it you have been notified by Certified Mail, WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) RECEIVED I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property, Owner Information) C Signature Danny Rice, LLC Print or Type Name 727 Hughes Road Mailing Address Hampstead NC 28443 Curstatelzip 828-230-4889 Telephone Number l; - /r3 ;#' Date JUL 27 2021 CITY (Adjacent Property Owner Information) Signature James M Hayworth Jr Print or Type Name 2840 South College Road, Box 221 RECEIVi'p Mailing Address Wilmington. NC 28412 City/state/Zip Telephone Number Date .IUi A 9 7021 DCm WILMINGTON, NC Revised 6/182012 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: Danny Rice. LLC c/o Casey Rice Address of Property: Lot 11 and 19112 Topsail Watch Hampstead NC 28443 (Lot or Street #, Street or Road, City & County) Agent's Name #: Casey Rice Mailing Address: 727 Hughes Road Hampstead NC 28443 Agent's phone #: 828-230-4889 Agent's email: crice0locatfirstbank.com I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. jW&g f'aa +a I have no objections to this proposal. I have objections to this proposal. if you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in Willing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ezt, tM/mington, NC, 28405-3845, DCM representatives can also be contacted at (910) 796-7215. 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, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. RECEIVED i do not wish to waive the 15' setback requirement. JUL 27 2021 O ner Information) DCM-PHD CITY (Property f ) (Adjacent Property Owner Information Signature Danny Rice, LLC Print or Type Name 727 Hughes Road Mailing Address Hampstead, NC 28443 City/State/Zip 828-230-4889 Telephone Number 4-.j =.1i Date Signature Ronnie Boyd Print or Type Name 224 Simmons Drive Mailing Address Wilmington, NC 28411 City/State/Zip RECt=lvch Il1La5%'�' Telephone Number DCh. dt;C; I Ct4. NC Date Revised 6118/2012 ROY COOPER Gownor ELIZABETH S. BISER secretary BRAXTON DAVIS Dlrccsor Danny Rice, LLC C/o Casey Rice 727 Hughes Road Hampstead, NC 28443 Dear Mr. Rice: NORTH CAROLINA Environmental Quality July 22, 2021 The Division of Coastal Management hereby acknowledges receipt of your application, requesting authorization under the Rules of the N.C. Coastal Resources Commission for development activities Lots 11 and 12, Topsail Watch Drive, adjacent to Topsail Sound, in Hampstead, Pender County. It was received as complete on July 19, 2021, and appears to be adequate for processing at this time. The projected deadline for making a decision on your permit application is October 2, 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 July 19, 2021, 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. erely, r son Dail ield Representative cc: WiRO - file Liz Hair, USACE Holley Snider, DWR D_ Q RECEIVED JUL 27 2021 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Offrce 1 127 Cardinal Orive Extension I Wilmington, North Carolna 28405 910.7%.7215 NOTI(010#17si V m � � m LAMA PERMIT APPLIED FOR Applicant proposed to construct a new access APPLICANT FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Danny Rice, LLC c/o Casey Rice iy. O oas a anagemen 727 Hughes Road 127 Cardinalr. x . i mmg on, Agent- n/a Jason vail 0 July 23, 2021 GanLegPubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice: • Danny Rice, LLC Hello: Please publish the attached Notice in the Thursday, July 29, 2021 issue. ROY COOPER Qovemo, ELIZABETH S. BISER Seaerory BRAXTON DAVIS /1/rceror. Division MCoanMMmngemrM 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 28405, 910-796-7226 (Customer No. 489895). 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. cc: Gregg Bodnar - MHC WIRO file USACE Slate of North Carolina I Environmental Quality I Coastal Mmagemmnt 127 Cardinal Drive Exl., Wilmington, NC 29405 919 796 7215 RECEIVED JUL 2 7 2021 DCM-MHD CITY 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 LAMA: On July 21, 2021, Danny Rice, LLC proposed to construct a new two (2) slip docking facility at Lots 11 & 12 Topsail Watch Dr., adjacent to the AIWW in Hampstead, Pender County. A copy of the application can be examined or copied at the office of Jason Dail, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7221) 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 August 19, 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. RECEIVED JUL 27 2021 DCM-MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 23, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bodnar(a)NCDEN R.gov SUBJECT: CAMA Applicant: Danny Rice, LLC Project Location: Lots 11 & 12 Topsail Watch Drive, adj. to the AIWW in Hampstead, Pender County Proposed Project: Proposal to construct a new access pier and platform and install two boat lifts for a total of two slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by August 19, 2021. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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. RECP , IJUL ` ' D_EQJ� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 NC Division of Coastal Management Major Permit Application Computer Sheet n AEC:fo?y*li 1 lh%oD Fee: $ 7ioo # I0b+- CDAITS _ MHC cc _ Applicant: A MAD - - - Agent/Contr ctor: N k w kw�` Project Site County: CIL Staff: District: Wilmington Project Name: Rover File: Ma River Basin: Initial date of applicafion submittal: 7 - z Date application "received as complete" in the Field office: Permit Authorization: CAMA ❑ Dredge & Fill LJBoth SITE DESCRIPTION/PERMIT INFORMATION ORW: Yes JPNo 15 es No Photos Taken: Yes G1 No Setback Required (riparian): ❑Yes o Critical Habitat: Yes No UNot Sure 15 foot waiver obtained: UYes No Hazard Notification Returned: []Yes Atlklo SAV: ❑Yes No ❑Not Sure Shell Bottom: ❑Yes No ❑ Not Temporary Impacts: ❑Yes 0 Sure Sandbags: Yes �kNo Not Sure Did the land use classification come Mitigation Required (optional): from county LUP:)@Yes ❑No ❑Yes PJNo Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes QSNo ❑NA [-]Yes ®No❑NA -/'mod FT. Shellfish Area Designation: Project Description: (code) Development Area: (code) pe r- Closed SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) (SS) Glasswort (Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Ciadium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina LJ (SY) Salt reed grass (Spartina alterniflors) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus OY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncos ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 II I(A) Private w/ D&F up to 1 acre; 3490 El III(D) Priv. public or Comm w/ D&F to 1 n be applied - $250 acre; 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 C1 Express Permit - $2000 acre; 4144 can be applied - $400 El Major development extension request - [111. Public or commercial/no dredge RECEIVED $100 and/or fill - $400 I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 JUL 27 2021 acre; 4144 can be applied; DCM needs DWQ agreement - $400 (�. Applicant: Lk 14,54 A / Date: ! r ir j] . Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Q New Wo Replace '^7 6 f­ Maint ElY N N f New Wo Replace e� E Meinl ❑ ❑ V N L New Wo Replace I Maint ❑ Y New Wo Rep ce Maint Ely AN / 3 New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N 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 (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact tempimpacts) impact amount tem impacts) amount p�) 00 Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ JUL 27 2021 DCM-MHD CITY 919-733.2293 :: 1-888.4RCOAST :: www.nccoastalmanaeement.net revised: 02/26118 Major Permit Fee Schedule Project Name: County: ` Check No & Amount: I Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I, Private, non-commercial developm NOV that does not involve the filling $250 - 100% ($250) 0% - ($0 ) excavation of any wetlands o open water areas' II. 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, or D below applies: III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($D) 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 concerns related to water quality or aquatic life: III(D). If General Water Quality $q00 60% ($240) 40% ($160) Certification No. 4175 cannot be applied : 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. RECEIVED JUL 27 2021 DCM-MHD CITY Date Date Check From Name of Vendor Check Check Permit Rd. # Received Deposited Permit Holder Number amount Number/Comments 7/22/2021 Casey Rice Danny Rice, LLC First Bank 1087 $250.00 major fee, Lots 11 & 12 Topsail JD rct. Watch Dr, Hampstead PnCo No 14908 Split v � _ O 0 r o M M M < A -i DCM Coordinator: Gregg Bodnar County: Permit#: WIRO E-MAIL DISTRIBUTION SHEET Circle o :Bio Repo Permit for: Oversize P sent:Ov DCM Offices: Morehead City: PT (if oversize) via Courier 'cc Gregg & Amanda on r rr.app.drawings, deed, comment sheet 'MHC documents (Gr g & Amanda) Wilmington: Original ONLY USACE & DWR (wirop USACE Wilmington: \XV use both Div of Water Resources: Div of Water Resources: ----------------------------------- Marine Fisheries: DCM Planner/WIRO: Cultural Resources: Natural Heritage Prog. PN, Letter w/Site Card, Fee Chart and Agent Authorization Hair (Pander & Carteret Co): PN, CL, Reports, Split Sheet _ ningtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet /BR: PN, CL, Reports, Split Sheet 01 (BR/NH): PN, CL, Reports, Split Sheet ey Snider - 401 (PN/ON): PN, CL, Reports, Split Sheet_ ri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet ✓Kim Harding _ ✓Mike Christenbury _ VR-enee Gledhill -Earley Environmental.ReviewOncdenrgov_ dney Butler DCA-Rural Eco. Dev: irk Ziegler NC DOT: 96id Harris Wildlife Resources: 44a'ria Dunn w/Reports State Property Office: vTiim Walton: DEED vMike Moser nda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: �.d'erep�y Humphrey (Bio) /St ron Gupton, Admin. DEMLR: . C�iri tine Hall - Stormwater Section WSams - Land Quality Section _ Public Water Supply: vAeidi Cox City of Wilmington:-Katiuyn Thy Enforcement: Field Rep: 1A�D A I Co. LPO Agent: DISTRIBUTED: RECEIVED JUL 27 2021 DCM-MHD CITY Updated 516/21 CAMA/Shaun majors docsre'Agency List Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines approximately 20 feel Note: For buoy ormooring piling, use arc of swing including length of vessel. c. Wdth of water body proximately 1.183 feet e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of stmeture(s) to adjacent docking facilities. approximately 450 feet d. Water depth at waterward end of structure at NLW or NWL approximately -3.9 at low tide a. Give complete description: 1 am requesting approval to build a shared private pier and dock for the use and enjoyment of lot owners 11 and 12. 1 currently own both lots, but I intend to sell one of the lots in the future. The dock would be comprised of two boatlifts and a platform at the end. RECEIVED JUL 27 2021 DCM-MHD CITY RECEIVED i ji. 19 ?I,,.: DCv, w11,N(N'7T01 \ NO 252.808.2808 :: 1.888.4RCOAST :: www.ncgoa;talmanagarlw.nt _not revised: 12;27i08 Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) 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 under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. F. 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 mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. r 'P NOW, �,'Y;SM-101011" �� 4. Name james hayworth Phone No. Address 2840 south college road. Box 211, Wilmington, NC 28412 f :V »1j •,` � �, Jai !\`. �+a lG t �_... 1 '°.Q•'. *'. •.{. g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dales. It. Signed consultant or agent authorization forth, if applicable. i. Wetland delineation, if necessary. I. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lends, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that 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. I further cerfify that the information provided in this application is 9hful to the st of my knowledge. Date (eZ45' /,�2I Print Name Q e 're-. RECEIVED Sig Please indicate application attachments pertaining to your ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information project. ,CM MP-5 Bridges and Culverts JUL 27 2021 DCM-MHD CITY RECEIVED .1111. 19 2' - 252.808.2806 :: 1•11188•4RCOAST :: cow w.nccoa stalmana ne RECEIVED 111911111 MP-1 APPLICATION for DCM-MHD CITY Malor Development Permit (last revised 12/27106) 2 North Carolina DIVISION OF COASTAL MANAGEMENT Business Name _ Project Name (6 applicable) Denny Rice, Llc Applicant 1, First Name MI Last Name Casey Rice Applicant 2� First Name MI Last Name If additional applicants, please attach an additional pege(s) with names listed. Meiling Address PO Box city State 727 Hughes Road Hampstead NC ZIP Country Phone No. FAX No. 28443 828-230-4889 ext. - - Street Address (if different from above) City Stale 21P Email crioe@localfirsibank.com i �tii 4 ��/f � � i A ifl�yi� ! •tax. ii^� }A`Aw.y�y�' ��j ri: i5 `��;�(Q.�/It��Y' Business Name Agent/ Contractor I. First Name MI Last Name Agent/ Contractor 2 First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 'I Phone No. 2 - - ext. FAX No. Contractor# 44, Street Address (if different from above) City State ZIP Email RECEIVED <Form continues on back> JUL 19 20i' DCM WILMINGTON N 2S2.808.2808 :: 1.888.4RCOAST :: www. nccoastal manage ment.net - North Carolina Wildlife Resources Commission D Cameron Ingram, Executive Director MEMORANDUM TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: July 30, 2021 RECEIVED AUG 2 2021 PAP SECTION PlfrM SUBJECT: CAMA Dredge/Fill Permit Application for Danny Rice, LLC, Pender County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCW RC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located off Lots 11 and 12 Topsail Watch Drive adjacent the AIW W in Hampstead, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as arnended, Sections 401 and 404 of the Clean Water Act, as amended, the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act (48 Stat. 401, as amcndcd; 16 U.S.C. 661 ct scq.), the Magnuson -Stovers Fishery Conservation and Management Act (FCMA), as amended (16 U.S.C. 1801 et seq.), and the Migratory Bird Treaty Act (16 U.S.C. 703-712 et seq.). The applicant proposes to construct a shared 6' by 765' access pier, 10' by 26' fixed platform, and two 13' by 13' boatlifls. The lifts would be approximately 160' waterward the outer edge of marsh in a 1,183' wide water body that has a narrow channel 170' from the outer marsh edge. Water depths in the vicinity of the slips are -2.1 to -3.0' NLW. The area is recognized as a submerged aquatic vegetation (SAV) habitat area, though no plants were seen within the slip footprint during the NC Division of Coastal Management (NCDCM) and NC Division of Marine Fisheries site visit. The AIW W in this area is classified SA by the Environmental Management Commission and is designated a Primary Nursery Area (PNA) by the NC Division of Marine Fisheries (NCDMF). The NCWRC has reviewed the permit application and does not object to permit issuance. The project area has numerous important environmental resources, such as coastal wetlands, PNA habitats, and SAV. Therefore, we request the following best management practices to minimize impacts to these environmental resources: Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 The project has coastal wetlands in the area that will likely be impacted during construction of the extensive access pier. Wetlands provide important water quality functions and habitat opportunities to PNAs. To minimize impacts to this resource, an April 1 September 30 in -water moratorium should be placed on the project. This includes construction in open water and over wetlands or lands regularly inundated Matting should be used to minimize the effects of temporary impacts from heavy equipment during construction. • Shoaling may occur along the banks of the A1W W within the project vicinity. The placement of structures in this area may increase the amount of sediment accretion at the docking facility. Due to the classification of this area as PNA, any future requests for dredging in the area will be denied. We request the applicant to fully evaluate this issue prior to creating these environmental impacts. We appreciate the opportunity to review and comment on this permit application. if you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dumirmncwildlife.org RECEIVED AUG 2 2021 MP SECTION NIHD CHARLES F. RIGGS & ASSOCIATES, INC. P� u�nunnn aanu T 9 Zp21 LAND SURMYMC - CONTJVT70 AL & GLOBAL PDSTTIONING sYSTA'Ns, JUL 27 2021 RONALD L, BOYD LAND PUNNING & CONPUrRA NAPPING P.O. .G.15" tOTO DCM-MHD CITY LOTS 11 & IZ, TOPSAIL WATCH & TOMMIE'S ISLAND ()CHI W111 MING'l0", NC FAcmim(ND) ifS-M1TTT TOPSAIL TOWNSHIP. PENDER COUNTY, NORTH CAROLINA f-YAL [Ipylbnlblpcn.can PFOf 1 w I[l11 , me•w A DAIS %PTFM" 27, HN6 GRAM BY: J. KLA/3 NEID BOCI[: " _ PM 6_ Cpl1 Mxm wnrwroe-ea-s PROJECT NUMBER: 06-D2-3b f; ;f I A Lot 11 • Lot 12 Mud Flat I PIN: 4224-56-9837-0000 Owner: DANNY RICE LLC 727 HUGHS ROAD HAMPSTEAD, NC 28443 Deed Ref: 4750/1990 Property Address: Description: 1-11 PB 43/008 PIRATES COVE Sale Price: Sale Date: LAST _SALE _DATE Plat: 00430008 Account No: 1012162 Township: TOPSAIL Subdivision: TOPSAIL WATCH Tax Codes: G01 F32 R40 NBRHD: R207R RECEIVED JUL 27 20Z1 Acres: 0 Land Value: Building Value: Total value: Deferred Value: Exempt Amount: 0 PCL Class: R ue.#eri Q. P..+. RECEIVED JUL 19 ?W! DCM WILMINGTON, NC Prepared by: Casey Rice Pender County 1:4,891 0 0.04 0.08 0.16 mi 0 0.05 0.1 0.2 km N 1" = 400' we June 15, 2021 Sheet 3 of 5 DCM-MHD CITY �L ' l�ppr 6'e Upper al Wetland limit - FXI_ Approxima. ;Normal High Water Jlz� _ Lot 11 _ za i P Lot 12 6' x 765' acce!4 pier Mud Flat Approximate Normal Low Water (NLW) =r. Depths relative to Normal Low Water Mw) Approxima Vixmgh;W (� k` 1) Approximate Riparian Corridor Approx. 15' Riparian Corridor Setback 4pprox Riparian Cofridm Se; pack Approximate edge of channel/deep water Approximate, Riparian. orr;jor = Ros� rdllgyd°� 1 92' 1/4 width limitation (approx. 295') -�` +,vidth of waterbodv = approx 1 183' 4 r I -241 PIN: 4224-56-9837-0000 Owner: DANNY RICE LLC 727 HUGHS ROAD HAMPSTEAD, NC 28443 Deed Ref: 4750/1990 Property Address: Description: L11 PB 43/008 PIRATES COVE Sale Price: Sale Date: LAST —SALE —DATE Plat: 00430008 Account No: 1012162 Township: TOPSAIL Subdivision: TOPSAIL WATCH Tax Codes: G01 F32 R40 NBRHD: Rgn7R Acres: 0 _ Land Value: Building Value: Total value: Deferred Value: f; Exempt Amount: 0 PCL Class: R uaa+e.+ Q. cam+- RECEIVED gender County OCT 26 NZI 1:1,223 0 0.01 0.02 0.04 mi -MHD CIS DCM 0 0.015 0.03 0.06 km N 1" = 100' Prepared by: Casey Rice `u e R 04'.'j gaj•G,dna► dune 15, 2021 Sheet 2 of 5 �_..:_. �.w-.ca.em:�.>_;:3si�-�Sv-..-._:._..c_...::_�.::.-+t.:::--�`ro-.r.-.°;:..-. ,7�.�:.w+ - .� ,�F--�">:T.h`: r.,t:str .crud,.>�»_-+...,.coo«S.sw..++: -w,r. r_ _.s..- _.e _ _ „ec-r� , ,.•r,,.ae-• � _'_ ' Lot 12 Mud Flat 6' x 765' access pier vklsylApproximate #" 4e A imal 0 C(NHW) _ r 3 X f: 7Fr SAV pr Fjp.�rian Setback Ro�y' �„ boatlift/slip 1 4� ' r e Riparian Corridor Depths Low Water (NLW) to Normal Low Water (NLW) Approximate Riparian Corridor rox. 15' Riparian Corridor Setback Pbatlift/slip 2 1 x 26' deck/platform 92'-- Approximate edge of channel/deep water 1/4 width limitation (approx.: 295') width of waterbody = approx. 1,183' P rr})iertyhne; Hayworth Propertyline \ �, Lot 11 Depths Relative to NLW R E C E IV Lot 12 Mud flat �. 6'z965'AccessPier S E P 1 4 2021 * :Approximate Normal Low Water (NLW) PIP SECTION' s��'°Y a® Common properiy'line i W Coastal Wetland . At Ronald Boyd Approximate Riparian Corridor tUs �12'.5 a, :r Approximate Normal High Water {NµW) A A roximate 15' Riparian Corridor pP o Setback f " ` t % Approximate Riparian Corridor Submerged Aquatic Vegetation Approximate Edge of Channel/Deep'Waier Boatlijt/slip;2 Approximate 15' Riparian Corridor Setback _'24,... �3.. _. 4.. O' x 26' deck platform Boatlift/\iP 1 9'Lfeet . 3 Y. Width of waterbody limitation ((approximately 295 feet) Width of waterbody = approximately 1,193 feet P8f1d81' County pjN: 4224-56-9837-0000 Sale Price: $320,000 Acres:O Land Value: $145,926 Owner: DANNY RICE LLC Sale Date: LAST _SALE _DATE Building value: $0 1 o p:eos o.o i 0.e2 mi 727 HUGHS ROAD Pia#: 00430008 .01 f !AMPS i E �D. IC 29433 account Na: 1012'162 Total value: $145,928 Oa Value: 0 0.0075 o.ois r 0.03 :m V Dead Ref: 475011990 Township, TOPSAIL °yIX C. _:tempt Amount: C. pt A Property 8ubdlvision: TOPSAIL CH Codes: P3 R40 PCL Cia33: ?. o_=pa W _ ,� ,_?spv)� Address: Tax G01 - ed by: - = Dasortption: _, 1P3 4:3/008 ?IRA?=S CO` — 4SRHD' P907R H aas�A a C»t• _ -. Revised September 5, 2021 O� 4 LIU oN N ®_ nLU .. `dW Lu 'm�yl� j (A Cn f �W I u '�5674�a�e")foddel)uolle.(rw 7aaj E8t�Z f�aj x tl .. !/�(poq�alp,Hdo F . p°q'a7e,M�o 47prM 47pryl e c a s A u ox A v� o m a 11J Ul I o N U. cca. � Taa.- c CD m 8m sic to a ° e a) c a ($ Q Sry GU 0 o rry UJ C9 o z E UJ ce co K S W V m rn rn m S(a��zzo_o a} 0 ti °� a ° ® 0-0 'pC 2.�"rb p AM 'UBUC) i I8 LOT 11 m 1.670 ACRES IF 81456 SN.FI. oy I L� I LOT 10 - TOPSAIL WATCH M.B. 22• P. 91 11It711111w 411 _ 0t'—*-a'. ,R ——s3a•3Y18'r aozN� y _4742 . — — — — — — s2P•s3'arr W 8 -Low _ YM MA. 22. P. I \ x% OT 13— AIL WATCH m— — — — — — — — — — — 22. P. 91 nb V t \ I+ la \ LOT ACRES12 1.744 z IF \ IS055 q Fl. I os i � \ 8 I \ L_—S!'-•'°_ ern ------ _ \ �J � o \ W N NOW OR FORMERLY .,VN OR FORMERL ,-a NOW 00 FORMERLY CARTER a SASSER C.B. aE....rn I O.B. 2615. BS m D.B. 1054, P. 238 I —If3i 11AR91- / / V1 i u N' NOW 0 FORMERLY D.B. 1 3, P. 238 RECEIVED JUL 27 2021 DCM-MHD CITY (I NOW OR FORMERLY S/SSER R O.S. 1054, P. 230 IP 4' 44 Historical Survey Map Danny Rice, LLC Lots 11 and 12 Topsail Watch Hampstead, NC 28443 ruN Na nro v[ RECEIVED JUL 19 2021 DCM WILMINGTON, NC u k`• Lot 12 Mud Flat Lot 11 O " 6' x 765' access pier �t ray � • � • •-\ A roximafl.Normal �o4t�4r, (NHW) Lqjai_ : ' ''•' ; � ►�"'"'r fir' Appr* F parianer C Ro►4Yd' ' boatlift/slip 1 <" JIN 14Ap' roximat/e Riparian Corridor ` i , A P \\ Ni n Y 1 / " SAV i :orridof Setback li i, L l i Approximate Normal Low Water (NLW) Depths relative to Normal Low Water (NLW) Approximate Riparian Corridof_ 15' Riparian Corridor Setback 2 10'jx 26' deck/platform 92' ; Approximate edge of channel/deep water 1/4 width limitation (approx.; 295') width of waterbody = approx. 1,183' L fe Opp 'al '�3t'tc ' -` s sNl '• r tt 40roxim Normal High Water��?� ,a...Lot 11. : ,Xr. Lot 121 Ill... t V AV " R 64 Mud Flat: r, k Approximate Normal Low Water (NLW) Depths relative to Normal Low Water (NLW) Approxima e Norm af 1 ugJs.Wa f Approximate Riparian Corridor Approx. 15' Riparian Corridor Setback pprox Riparian Cridb;Setback . Approximate edge of channel/deep water s j Y Appiparian iQorr,uor 92' Ror> 4"189Xd::�' 1/4 width limitation (approx. 295') ` width of waterbody = approx. 1,183' -. v - --l' .. -.11 -