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HomeMy WebLinkAboutNTB_14-16_ Johnson (2)If 3152o22- Issued by WiRO �Yl V" NTB14-16 North Topsail Beach Permit Number CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Environment, and Natural Resources and the Coastal Resources Commission for development in an area of environment concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management" Issued to Dennis Johnson and Greg Eichman authorizing development in the Ocean Hazard (AEC) at 2068 New River Inlet Road, in North Topsail Beach, Onslow County as requested in the permittee's application, revised on 5/16/2014, and received by DCM on May 16, 2014. This permit, issued on June 2, 2014, is subject to compliance with the application and survey drawing dated and received by DCM on May 12, 2014 (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. This permit authorizes: Construction of a residential dwelling with associated parking, driveway, amenities and utilities. (1) All proposed development and associated construction must be done in accordance with the permitted survey drawing dated prepared on May 12, 2014, and received by DCM on May 12, 2014. (2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations, applicable local ordinances and FEMA Flood Regulations. (3) Any change or changes in the plans for development, construction, and/or land use activities will require re-evaluation and modification of this permit. (4) A copy of this permit shall be posted or available on site throughout the construction process. Contact this office at (910) 766-7221 for a final inspection at completion of work. (Additional Permit Conditions on Page 2) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this permit must cease until the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modification not covered under this permit, require further written permit approval. All work must cease when this permit expires on: December 31, 2017 In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Jason Dail CAMA LOCAL PERMIT OFFICIAL 127 Cardinal Drive Extension Wil in 2 4 - EIVED M W MINGTON 1 cL Name: Johnson/Eichman Minor Permit # NTB14-16 Date: June 2, 2014 Page 2 of 3 (5) With exception of the proposed structural access walkway, swimming pool and decking, ALL other structure(s) must be set back a minimum of 120 feet from the First Line of Stable Natural Vegetation (FLSNV), as determined by the DCM. The proposed residential dwelling shall be located a minimum of 120' from the FLSNV. No eaves, cantilevers, pilings, etc. may encroach within 120' from the FLSNV. (6) The permittee is required to contact the Local Permit Officer (910) 796-7221, shortly before he plans to begin construction to arrange a setback measurement that will be effective for sixty (60) days barring a major shoreline change. Construction must begin within sixty (60) days of the determination or the measurement is void and must be redone. (7) Any structure(s) constructed within the Ocean Hazard area shall comply with the NC Building Code, including the Coastal and Flood Plain Construction Standards of the N. C. Building Code, and the Local Flood Damage Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance are inconsistent with any of the following AEC standards, the more restrictive provision shall control. (8) Any decking located within 60 feet from the FLSNV shall not exceed a combined footprint of 500 sq. ft. and shall be structurally independent (detached) of the residential or primary structure. The deck(s) may be cosmetically attached, but shall remain free standing as a single unit. (9) All buildings must be elevated on pilings with a diameter of at least 8 inches in diameter if round, or 8 inches to a side if square; and the first floor level of the sills and joists must meet the 100-year flood level elevation. (10) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the structure. (11) The total floor area of the permitted dwelling shall not exceed 8,255 square feet, as indicated in the permit application. (12) Dune disturbances will be allowed only to the extent necessary for development and if the dune's protective value is not weakened or reduced. Disturbed dune areas will be immediately stabilized. This permit does not allow for any disturbance and/or alteration to the frontal dune. (13) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective sedimentation and erosion control measures. Disturbed areas shall be vegetatatively stabilized (planted and mulched) within 14 days of construction completion. (14) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two years of the time when it becomes imminently threatened, and in any case upon its collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes place within two years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under CRC rules. DCM WILMINGTON, N( _II IN 1 A gntd Name: Johnson/Eichman Minor Permit # NTB14-16 Date: June 2, 2014 Page 3 of 3 (15) Pursuant to 15A NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or otherwise disposed of to a third -party. SIGNATURE: ATE: �U �zp 14' PERMITTEE RECEIVED DCM WILMINGTON 11 IN 1 9 91"Ita Locality Permit Number / I7 — 4 Ocean Hazard Estuarine Shoreline GENERAL INFORMATION LAND OWNER Name: Dennis Johnson Mailing Address: 37955 Bridge Rd ORW Shoreline Public Trust Shoreline Other. (For official use only) City: North Branch State: MN Zip: 55056 Phone: 651442-9633 Email: dennis@naturalspacesdomes.com AUTHORIZED AGENT ZECEIVED Name: Robert JordanRH McClure Builders MAY 12. 2014 Address: 6412 Beach Drive SW City: Ocean Isle Beach State: NC Email: mcclureblg(a,atmc.net Zip: 28469 Phone: 910-579-2454 LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of the adjacent waterbody.) Lot 3 1.10 acres, J Stacy Grant Heirs, 2068 New River Inlet Road, North Topsail Beach, NC 28460 DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) New single family residence and swimming pool and includes dwelling on pilings, covered and open deck/porches, ground floor swimming pool and decking, and catwalk to the beach. SIZE OF LOT/PARCEL: 48308 square feet 1.10 acres PROPOSED USE: Residential �ingle-family E�k ulti-family ❑) Commerical/Industrial ❑ Other ❑ COMPLETE EITHER (1) OR (2) BELOW (Contact your Local Permit Officer if you are not sure which AEC applies to your property): (1) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: Total heated 8255 square feet (includes air conditioned living space, parking elevated above ground level, non -conditioned space elevated above ground level but excluding non -load bearing attic space.) (2) COASTAL SHORELINE AECs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT UPON SURFACES: N/A square feet (includes the area of the roof/drip line of all buildings, driveways, covered decks, concrete or masonry patios, etc. that are within the applicable AEC. Attach your calculations with the project drawing.) STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an area subject to a State Stormwater Management Permit issued by the NC Division of Water Quality? YES ❑ NO RECEIVED DCM WILMINGTON, If yes, list the total built upon area/impervious surface allowed for your lot or parcel. N/A square feet. OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA minor development permit, including permit, including, but not limited to: Drinking Water Well, Septic Tank (or other sanitary waste treatment system), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, and others. Check with your Local Permit Officer for more information. STATEMENT OF OWNERSHIP: I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or a person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person listed as landowner on this application has a significant interest in the real property described therein. This interest can be described as: (check one) an owner or record title, Title is vested in Dennis Johnson, see Deed Book 1482 page 538 in the Onslow County Registry of Deeds. ❑ an owner by virtue of inheritance. Applicant is an heir to the estate of ; probate was in County. ❑ if other interest, such as written contract or lease, explain below or use a separate sheet and attach to this application. NOTIFICATION OF ADJACENT PROPERTY OWNERS: I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (Name) (Address) (1) Jesse C and Gaye S Fisher, 600 Madison St, Whiteville, NC 28472 (2) Keith F and Debra C Kerr, 8724 Falkstone Ln, Alexandria, VA 22309 (3) Kevin N. and Debra R. Rock, 340 Meadow Dr, Mechanicsburg, PA 17055 (4) Dolphin Shores at North Topsail Beach, c/o Jerry Conyy, 43 Porpoise PI, North Topsail Beach, NC 28460 ACKNOWLEDGEMENTS: I, the undersigned, acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to erosion and/or flooding. I acknowledge that the Local Permit Officer has explained to me the particular hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabilization and floodproofing techniques. I furthermore certify that I am authorized to grant and do in fact grant, permission to the Division of Coastal Management staff, the Local Permit Officer and his agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. This the 9th day of May, 2014. Landowner oryerson authorized to act as his/her agent for purpose of filing a CAMA permit application This application includes: general information (this form), a site drawing as described on the back of this application, the ownership statement, the Ocean Hazard AEC Notice where necessary, a check for $100.00 made payable to the locality, and any information as may be provided orally by the applicant. The details of the application as described by these sources are incorporated without reference in any permit which may be issued. Deviation from these de s will constitute a violation of any permit. Any person developing in an AEC without permit is subject to civil, crime tie action. ' POWA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 2, 2014 Dennis Johnson & Greg Eichman 37955 Bridge Road North Branch, MN 55056 Dear Mr. Johnson: John E. Skvarla, III Secretary Attached is CAMA Minor Development Permit # NTB14-16 for work to be done at 2068 New River Inlet Road, in North Topsail Beach, Onslow County. In order to validate this permit, please sign both copies of the permit as indicated for our records. Please retain the orange copy for your files and sign both pages of the white copy then return to us within 20 days of receipt, in the enclosed, self-addressed envelope. This is not valid permit until signed and returned to our office. Thank you for your prompt attention to this matter. Enclosures cc: WiRO files Sincerely, 7 - Shaun K. Simpson" Permit and Customer Support NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net kTi CAMA PERMIT APPLIED FOR PROJECT:. ■ ■ ■ ■ - meal LN • psi an is cean, in opsai eac ns ow ounty. APPLICANT- FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Roberf Jordan NC Div. of Coastal Management RH McLure Builders 127 Cardinal Dr. Ext. 6412 Beach Drive SW Wilmington, NC 28405 Ocean Isle Beach, NC 28469 Jason Dail, Field Representative 910-796-7221 4 a "**� HKDOOR North Carolina Department of Environment and Natural Resources Division of Coastai Management Beverly Eaves Perdue Jams Ii. Gregscn Governor Dirt-&,, AGENT AUTHORIZATION FORM ©ate: Dee Freeman secretary Name of Property Owner Applying for Permit: Name of Authorized Agent for this project: Owner's Mailing Address: .Phone Number 1'/0Yj (p $O - C Agent's Mailing Address: Phone Number 4710) slq— Zq.VL{ I certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct the following (activity): (my property located) at 04,R 0i�J : Vim_ = 127 Cafdin?-! flrnre Ext , Witmington, NG 28405 Phone: 910.746 7215 l FAX: 910.395-3064 Intors d: rr ,w.n�cr�a la n4�nagetns t;.ti81 an Equ x Oppatv;tity \ AF=n&.-e ktil+ ECW—Wr� A c- 10DM U ED 4*2141GTON, NC a inih MCCLURE OCEAN ISLE BEACH, NC 9 May 2014 Dolphin Shores at North Topsail Beach c/o Jerry Couvy P. O. Box 1290 North Topsail Beach, NC 28460 Dear Adjacent Property Owner: This letter is to inform you that I have applied for a CAMA Minor Permit on my property located at Lot 3, 1.10 acres, J Stacy Grant Heirs, with a physical address of 2068 New River Inlet Road, North Topsail Beach, in Onslow County, NC. As required by CAMA regulations, I have enclosed a copy of my permit application and project drawing(s) as notification of my proposed project. No action is required from you or you may sign and return the enclosed no objection form. If you have any questions or comments about my proposed project, please contact me by telephone at 910-579-2454 or email me at mcc:lurebig e atnic.net. If you wish to file written comments or objections with the Local Government CAMA Minor Permit Program, you may submit them to: Jason Dail Wilmington DCM Office 127 Cardinal Drive Ext Wilmington, NC 28405 Sincerely, R.H. McCLURE BUILDERS Robert Jor an, Agent Property Owners: DENNIS JOHNSON 37955 BRIDGE RD NORTH BRANCH, MN 55056 651-442-9633 _-;EIVED DCM WILMINGTON, NC MAY 1 6 2014 ru • • • rU Er C3 C3 m Postage 0 Carittied Fee rU O Return Receipt Fee O (Endorsement Required) C3 Restricted Delivery Fee 0 (Endorsement Raquiradj i3. ;t1 12 Postrnark '� • ?(-( Here $0.01) E' i,t,'/16/ 314 C3 Total Posh & F ,�, N Topsail Beach ri m t C 1p1ePnpl�y�� fy—o vy� .e® DVx�1271/`---''----------------------------- or PO -- Soup. Not&.Topsail-Beach,.NC--2a60--.- Crry. State. 2?P*4 r AEC HAZ=.-,RD ;,,]+C?T10E Project Is in An: --Lpcean Erodible Area ---- High Hazard Fitaod Area inlet Hazard Area Property Owner:__ Gr� J - ct_,,� Property Address:_ n� 0 l vv'r- j�.•'t � .� i VOtr c�tt `5�= t: Date Lot Was Platted: la— i4Q% "This notice is intended to stake you, the applicant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require that you receive anAEC Hazard Notice and acknowledge that notice in writing before a permit for development can be issued. The Commission's rules on building standards, oceanfront setbacks and dune alterations are designed to minimize, but not eliminate, property loss from hazards. By granting permits, the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for future damage to the development. Permits issued in the Ocean Hazard Area of Environmental Concern include the condition that structures be relocated or dismantled if they become imminently threatened by changes in shoreline configuration_ The structure(s) must be relocated or dismantled within two (2) years of becoming imminently threatened, and in any case upon its collapse or subsidence. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual long-term average ocean erosion rate for the area wtiere your property is located is ca feet per year_ The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Stu *a�also IIndicate that thr3 shoreline could move as much as :A feet landward in a major- storm. The flood waters in a major storm are predicted to be about feet deep in this area. Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control structures such as bulkheads, seawalls, revetments, grouts, jcttie s and breakwaters are prohibited. Temporary sand bags may be authorized under certain conditions. Theappficantniustacknowledge this information and requirements by signing this notice in the space below_ Without the proper signature, the aaplication wili,p;kbe comple%e, s Date SPECIAL NOTE: This hamrd notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued for development in this area expire on December 31 of the third year following the year in which the permit was issued. Shortly before work begins on the project site, the Local Permit Officer must be contacted to determine the vegetation line and setback dislance at your site. if the property has seen little change since the time ofperrnit issuance, and the proposed development can still meet the setback requirement, the LPO will inforra you that you may begin work. Substantial progress on the project must be made within 60 days of this setback determination, or the setbackmust be remeasured. Also, the occurrence of a major shoreline change as the result c f a storm within the 60-day period will necessitate remeasurement of the setback. It is important that you check with the LPO before the permit expires for official approval to continue the work after tthe permit has expired. Generally, if foundation pilinis have been placed and substantial progress is continuing, permit renewal can be authorized. It is unlawful to continue work after permit expiration. For more information, contact: Local Permit Officer Address Locality ( (� 1�—� A Phone Number RECEIVED DCM VV1UMW8WW# NC JdJg 1 6 lU 14 4 North Carolina Department of Environment and Natural Resources Division of Coastai Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary AGENT AUTHORIZATION FORM Date: S 20 Name of Property Owner Applying for Permit: Name of Authorized Agent for this project: �s --I-o�sort obcr►- �Orc%tn Owner's Mailing Address: 3()455 23ri of se- AU No nK S"!69A; NN 5S 561 .Phone Number & lo'74 - q'Z9z- Agent's Mailing Address: [.Z,.& -IV<--.ZWqtVq Phone Number(i?10) S7q_ ZVXq I certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct the following (activity): (my property located) at This certification is valid thru Property Owner Signature Date Ir 4.0" Ak— 127 Cardinal Drive Ext , Wilmington, NC 28405 NOne IVN, NiED Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.ncooastaimanagemot.net GTO ,krztura AEC HAZI.-.RD NOTICE Project Is In An: —L110cean Erodible Area High Hazard Flood Area Inlet Hazard Area Property Owner: _ �.,`d'1�! J a�V1S.E3l� Property Address:�� Date Lot Was Platted: This notice is intended to make you, the applicant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require that you receive anAEC Hazard Notice and acknowledge that notice in writing before a permit for development can be issued. The Commission's rules on building standards, oceanfront setbacks and dune alterations are designed to minimize, but not eliminate, property loss from hazards. By granting pert -nits, the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for future damage to the development. Permits issued in the Ocean Hazard Area of Environmental Concern include the condition that structures be relocated or dismantled ifthey become imminently threatened by changes in shoreline configuration. The structure(s) must be relocated or dismantled within two (2) years of becoming imminently threatened, and in any case upon its collapse or subsidence. The best available information, as accepted by the Coastalm Resources Commission, indicates that the annual long-ter average ocean erosion rate for the area where your property is located is feet per year. The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Stu ies also indicate that the shoreline could move as much as feet landward in a major storm. The flood waters in a major storm are predicted to be about feet deep in this area. Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control structures such as bulkheads, seawalls, revetments, groins, jetties and breakwaters are prohibited. Temporary sand bags may be authorized under certain conditions. (\/C, ayy SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and erosion. Pennits issued for development in this area expire on December 31 of the third year following the year in which the permit was issued. Shortly before work begins on the project site, the Local Permit Officer must be contacted to determine the vegetation line and setback distance at your site. If the property has seen little change since the time of pen -nit issuance, and the proposed development can still meet the setback requirement, the LPO will inform you that you may begin work. Substantial progress on the project must be made within 60 days of this setback determination, or the setback must be remeasured. Also, the occurrence of a major shoreline change as the result of a storm within the 60-day period will necessitate remeasurement of the setback. It is important that you check with the LPO before the permit expires for official approval to continue the work after the permit has expired. Generally, if foundation pilings have been placed and substantial progress is continuing, permit renewal can be authorized. It is unlawful to continue work after permit expiration. For more information, contact. 'pet Local Permit Officer 1a 7 tar dl'-JA a)r't`vr- 66+- AddresssWUwik'Jj4%,A1C, Locality ----'] q10- Phone Number The applicant must acknowledgc this information and requirements by signing this notice in the space below. Without the proper signature, the application will of be complete. y -1- pp icant Signature Date RECEIVED DCM WILMINGTON RPvrs'D 0, MCCLURE OCEAN ISLE BEACH, NC 9 May 2014 Dolphin Shores at North Topsail Beach c/o Jerry Convy 43 Porpoise Place North Topsail Beach, NC 28460 Dear Adjacent Property Owner: This letter is to inform you that I have applied for a CAMA Minor Permit on my property located at Lot 3, 1.10 acres, J Stacy Grant Heirs, with a physical address of 2068 New River Inlet Road, North Topsail Beach, in Onslow County, NC. As required by CAMA regulations, I have enclosed a copy of my permit application and project drawing(s) as notification of my proposed project. No action is required from you or you may sign and return the enclosed no objection form. If you have any questions or comments about my proposed project, please contact me by telephone at 910-579-2454 or email me at mccl ureblgC('r atmc. net. If you wish to file written comments or objections with the Local Government CAMA Minor Permit Program, you may submit them to: Jason Dail Wilmington DCM Office 127 Cardinal Drive East Wilmington, NC 28405 Sincerely, R.H. McCLURE BUILDERS la'� Robert Jordan, Agent Property Owners: DENNIS JOHNSON 37955 BRIDGE RD NORTH BRANCH, MN 55056 651-442-9633 RECEIV DCM WILMING ON, bA 6412 BEACH DRIVE SW • OCEAN ISLE BEACH, NC 28469 Postage $ Certified Fee $3.3O 09 Postmark Return Receipt Fee $2.70 Here (Endorsement Required) Restricted Delivery Fee $0.00 (Endorsement Required) $6.70 05/12/2014 Total Postage & Fees $ Sent To Dolphin ores at N TopsailBeach Street. Apt No.; ---c/o, Jerry'tibnvy—•------------------------------------ or PO Box No. -43 .0 O oise.Place------------------------------------ Ciry, State, ZIP+4 North Topsail Beach NC 28460 ;ertified Mail Provides: A mailing receipt A unique identifier for your mailpiece A record of delivery kept by the Postal Service for two years mportant Reminders: i i Certified Mail may ONLY be combined with First -Class Mail® or Priority Maile i Certified Mail is not available for any class of international mail. i NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Foi valuables, please consider Insured or Registered Mail. a For an additional fee, a Retum Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. For an additional, fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". i If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. MPORTANT: Save this receipt and present it when making an inquiry. 3S Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 0 CCLURE OCEAN ISLE BEACH, NC 9 May 2014 Kevin N. and Debra R. Rock 340 Meadow Dr Mechanicsburg, PA 17055 Dear Adjacent Property Owner: `•,""+ Opy This letter is to inform you that I have applied for a CAMA Minor Permit on my property located at Lot 3, 1.10 acres, J Stacy Grant Heirs, with a physical address of 2068 New River Inlet Road, North Topsail Beach, in Onslow County, NC. As required by CAMA regulations, I have enclosed a copy of my permit application and project drawing(s) as notification of my proposed project. No action is required from you or you may sign and return the enclosed no objection form. If you have any questions or comments about my proposed project, please contact me by telephone at 910-579-2454 or email me at mcclureblgn�atmc.net. If you wish to file written comments or objections with the Local Government CAMA Minor Permit Program, you may submit them to: Jason Dail Wilmington DCM Office 127 Cardinal Drive Ext Wilmington, NC 28405 Sincerely, -0�� Robert Jordan, Agent Property Owners: DENNIS JOHNSON 37955 BRIDGE RD NORTH BRANCH, MN 55056 651-442-9633 DCM WILM NIG ON, h 6412 BEACH DRIVE SW • OCEAN ISLE BEACH, NC 28469 MAY 12 2014 0 7 r 7 J 7 i Postage 1 $ $0.70 I 0470 Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ $3.30 09 Postmark $2.70 Here $0.00 $6.70 1 05/12/2014 Sent To n �T srreei, Apr" N eVlri 1V .- and-Dit iia R: Rock--------------------- ` or PO Box No. --State,---- -ZI--- G-? adow-Dr------------------------------------------ Clry, ;erlified Mail Provides: i A mailing receipt i A unique identifier for your mailpiece i A record of delivery kept by the Postal Service for two years nportant Reminders: t Certified Mail may ONLY be combined with First -Class Mail® or Priority Maila t Certified Mail is notavailable f(Dr• any class of international mail. r NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo valuables, please consider Insured )r Registered Mail. r For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Returr Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. e For an additional fee, delivery may be restricted to the addressee o addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". e If a postmark on the Certified Mail receipt is desired, please present the arti• cle at the post office for postmarking. If a postmark on the Certified Mai receipt is not needed, detach and affix label with postage and mail. MPORTANT: Save this receipt and present it when making an inquiry. IS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 0 MCCLURE OCEAN ISLE BEACH, NC 9 May 2014 Jesse C. and Gaye S. Fisher 600 Madison St Whiteville, NC 28472 Dear Adjacent Property Owner: This letter is to inform you that I have applied for a CAMA Minor Permit on my property located at Lot 3, 1.10 acres, J Stacy Grant Heirs, with a physical address of 2068 New River Inlet Road, North Topsail Beach, in Onslow County, NC. As required by CAMA regulations, I have enclosed a copy of my permit application and project drawing(s) as notification of my proposed project. No action is required from you or you may sign and return the enclosed no objection form. If you have any questions or comments about my proposed project, please contact me by telephone at 910-579-2454 or email me at mcclurebla a atmc.net. If you wish to file written comments or objections with the Local Government CAMA Minor Permit Program, you may submit them to: Jason Dail Wilmington DCM Office 127 Cardinal Drive Ext Wilmington, NC 28405 Sincerely, R.H. McCLURE BUILDERS -�7 Robert Jordan, Agent Property Owners: DENNIS JOHNSON 37955 BRIDGE RD NORTH BRANCH, MN 55056 651-442-9633 RECEIVED DCM WILMINGTON, N( 6412 BEACH DRIVE SW • OCEAN ISLE BEACH, NC 28469 TELEPHONE- 910-579-2d54 • FAY- 9/0-S7R-'az.AO Ij • r :0 For delivery Information visit our website at www.usps.come LYNNViLLE TN 38472 a 7't Postage $ $0.70 0470 Certified Fee $3.30 I_IQ U ZI Return Receipt Fee Postmark Here $2.70 Z) (Endorsement Required) Restricted Delivery Fee $0.00 (Endorsement Required) $ $6.70 r- :3 Total Postage & Fees 05I12f2014 Sent To TI -A PR- -------' ------------------- � Street, Apt. NJesse C. and i4iaye �: Fisher or PO Box No. City, State, ZIP+�-lrla --------------------------------------- 'ertified Mail Provides: A mailing receipt i A unique identifier for your mailpiece A record of delivery kept by the Postal Service for two years mportant Reminders: i Certified Mail may ONLY be combined with First -Class Mail® or Priority Maila i Certified Mail is not available for any class of international mail. i NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Foi valuables, please consider Insured or Registered Mail. i For an additional fee, a Return Receipt may be requested to provide proof o1 delivery. To obtain Return Receipt service, please complete and attach a Returr Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a U$PSS postmark on your Certified Mail receipt is required. i For an additional fee, delivery may be restricted to the addressee of addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement 'Restricted -Delivery. i If a postmark on the Certified Mail receipt is desired, please present the arti• cle at the post office for postmarking. If a postmark on the Certified Mai receipt is not needed, detach and affix label with postage and mail. MPORTANT: Save this receipt and present it when making an inquiry. IS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 0 IWCCLUIRE OCEAN ISLE BEACH, NC 9 May 2014 Keith F. and Debra C. Kerr 8724 Falkstone Ln Alexandria, VA 22309 Dear Adjacent Property Owner: This letter is to inform you that I have applied for a CAMA Minor Permit on my property located at Lot 3, 1.10 acres, J Stacy Grant Heirs, with a physical address of 2068 New River Inlet Road, North Topsail Beach, in Onslow County, NC. As required by CAMA regulations, I have enclosed a copy of my permit application and project drawing(s) as notification of my proposed project. No action is required from you or you may sign and return the enclosed no objection form. If you have any questions or comments about my proposed project, please contact me by telephone at 910-579-2454 or email me at mcclureblgl`�tmc.net. If you wish to file written comments or objections with the Local Government CAMA Minor Permit Program, you may submit them to: Jason Dail Wilmington DCM Office 127 Cardinal Drive Ext Wilmington, NC 28405 Sincerely, R.H. McCLURE BUILDERS Robert Jor an, Agent Property Owners: DENNIS JOHNSON 37955 BRIDGE RD NORTH BRANCH, MN 55056 651442-9633 RECEIVED DCM WILMINGTON, NO 6412 BEACH DRIVE SW • OCEAN ISLE BEACH, NC 28469 n a a a 'n Postage $ $0.70 1 0470 Certified Fee $3.30 O9 U Postmark 1 Return Receipt Fee ;�, 70 Here 7 (Endorsement Required) Restricted Delivery Fee S0.00 (Endorsement Required) r :3 Total Postage & Fees $ $6.70 1151/12/2014 Sent To n IVo. ---;--Keith-F:-artd-Debra-C-.-i-err-------------------- � Street, Apt. or Po Box No. 8724-Falkstone-1 n- ----------------------------------- Clty State, ZIP+4 Alexandri VA 22309 ;ertified Mail Provides: A mailing receipt A unique identifier for your mailpiece A record of delivery kept by the Postal Service for two years mportant Reminders: i Certified Mail may ONLY be combined with First -Class Mail® or Priority Maile i Certified Mail is not &vailable for any class of international mail. i NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Foi valuables, please consider Insured or Registered Mail. i For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. t For an additional fee, delivery may be restricted to the addressee of addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". i If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. MPORTANT: Save this receipt and present it when making an inquiry. IS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT FOR CAMA MINOR PERMITS I hereby certify that I own property adjacent to Dennis Johnson's property located at Lot 3, 1.10 acres, J Stacy Grant Heirs or 2068 New River Inlet Road, in North Topsail Beach, Onslow County, North Carolina They have described to me as shown in the attached application and project drawing(s), the development they are proposing at that location, and I have no objections to their proposal. (APPLICATION AND DRAWINGS OF PROPOSED DEVELOPMENT ATTACHED) Signature Print or Type Name Telephone Number Date RECEIVED DCM WILMINGTON, I Donald Martin, Mayor Larry Hardison, Mayor Pro Tern Aldermen: Richard Farley Richard Peters Robert Swantek Daniel Tuman October 9, 2008 DENNIS JOHNSON 37955 BRIDGE RD NORTH BRANCH MN 55056 Frank W. Clifton, Jr. Interim Town Manager Terrie Woodle Deputy Town Clerk RE: ZONING COMPLIANCE LETTER OWNER - JOHNSON DENNIS ADDRESS- 2068 New River Inlet Road, North Topsail Beach NC TAX PARCEL ID — 778-4.7 ZONING — R-10 OWNER - JOHNSON DENNIS & OTHERS ADDRESS- 2070 New River Inlet Road, North Topsail Beach NC TAX PARCEL ID —778-4.6 ZONING — R-10 Dear Dennis Johnson: The Planning Board discussed the zoning of Tax Parcels 778-4.6 and 778-4.7 on February 14, 2008. The property is located between Dolphin Shores Subdivision and Topsail Reef. On March 13, 2008, I notified them that the Zoning Map adopted on March 1, 2007 indicated that the property was zoned R-20 and may have been an administrative error and would require research of the Board of Aldermen minutes. The results of the research conducted are as follows. The survey for J STACY GRANT HEIRS by Charles Riggs dated June 19, 1997 references the zoning as R-10. The property was transferred from J STACY GRANT HEIRS to Testamentary Tigers, Inc db1420 p 709 (see attached). RECEIVED 2008 Loggerhead Court North Topsail Beach, NC 28460 Phone (910) 321DCOWILMINGTOP dhili@north-topsail-beach.org www.north-topsail-beach.org Toll Free: (800) 687-7092 Fax (910) 328-4508 ZONING COMPLIANCE LETTER October 9, 2008 Page 2 of 2 The Planning Board held Public Hearing # 2 for the rezoning of this property on September 9, 1994 (notice attached). The North Topsail Beach Board of Aldermen scheduled a public hearing November 3, 1994. Proper notification to property owners could not be located in the records and staff requested that the public hearing be rescheduled prior to the regular meeting on December 1, 1994. The public hearing on December 1, 1994 was cancelled due to legalities and rescheduled prior to the regular board meeting, January 5, 1995 (attached). The Board of Aldermen approved the rezoning to R-10 on February 2, 1995 (attached). Attached is also a page from the North Topsail Beach Zoning Log. Based on the attached documentation, an administrative correction has been made to indicate the proper zoning of Tax Parcels 778-4.6 and 778-4.7 as R-10 Residential District. Further, Onslow County GIS has been instructed make the necessary corrections. Please do not hesitate to contact me at (910) 328-1349, if you have any questions or concerns regarding this matter. Respectfully yours, Deborah J. Deputy Town Manager Zoning Administrator RECEIVED DCM WILMINGTON MAY 1 `I. 9n1A y Intracoastal REAUYCORPORATION 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 dale 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': Dennis Johnson and wife Theresa G Hill (b) "Buyer": Gregory D. Eichman or assigns (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 2AH-T) with this offer. Street Address: 2068 New River inlet Rd_ City: North Topsail Beach Zip: 28460 County: Onslow North Carolina (NOTE: Govemmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown.) Legal Description: (Complete ALL applicable) Plat Reference: Lot/Unit 3 Block/Section Subdivision/Condominium JS Grant Heirs Div , as shown on Plat Book/Slide 35 at Page(s) 109 The PIN/PID or other identification number of the Property is: 429811650337 Other description: 778 .4.7 Some or all of the Property may be described in Deed Book 1482 at Page 538 (d) "Purchase Price": $ 290 000.00 $ 500.00 $ 4,500.00 paid in U.S. Dollars upon the following terms: BY DUE DILIGENCE FEE made payable to Seller by the Effective Date. BY INITIAL EARNEST MONEY DEPOSIT made payable to Escrow Agent named in Paragraph t (f) ❑ with this offer OR ® delivered within five (5) days of the Effective Date of this Contract by ❑ cash ❑ personal check ❑ official bank check ❑ wire transfer. BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable to Escrow Agent named in Paragraph I (f) by cash or immediately available funds such as official bank check or wire transfer to be delivered to Escrow Agent no later than , TIME BEING OF THE ESSENCE with regard to said date. $ BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum (Standard Form 2A6-T). $ BY SELLER FINANCING in accordance with the attached Seiler Financing Addendum (Standard Form 2A5-T). $ 285,000.00 BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan). Should Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by their due dates, or should any check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall have one (1) banking day after written notice to deliver cash or immediately available funds to the payee. In the event Buyer does not timely deliver cash or immediately available funds. Seller shall have the right to terminate this Contract upon written notice to Buyer. ®This form jointly approved by: STANDARD FORM 12-T North Carolina Bar Association Page 1 of 9 Revised 7/2013 aearroa ® North Carolina Associat* of REALTORSO, Inc. " `�.C/�. / OFPo 4'�` O 7/2013 Buyer initials �==-" Seller initials F—C y f Intracoaul Realty - Topsd1,804 Carolina Ave Topsail 8eanh.NC 29445 Mon: (910)328-3001 Fax: (910T��21-1001 Sandra Udbak, Produced with zipForm® Dy zipLoglx 18070 Fi'teen Mile Road, Fraser, M &igan 4W26 wym.6uL000e.ram IJ V IV] WILMINGT©N, NC (e) "Earnest Money Deposit": The Initial Earnest Money Deposit, the Additional Earnest Money Deposit and any other earnest monies paid in connection with this transaction, hereinafter collectively referred to as "Earnest Money Deposit", shall be deposited and held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this Contract is otherwise terminated. In the event: (1) this offer is not accepted, or (2) a condition of any resulting contract is not satisfied, then the Earnest Money Deposit shall be refunded to Buyer. In the event of breach of this Contract by Seller, the Earnest Money Deposit shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such breach. In the event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller upon Sellers request as liquidated damages and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 2(c) and 2(d) for damage to the Property or Sellers right to retain the Due Diligence Fee. It is acknowledged by the parties that payment of the Earnest Money Deposit to Seller in the event of a breach of this Contract by Buyer is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment of the Earnest Money Deposit to Seller shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, both parties acknowledging the difficulty determining Seller's actual damages for such breach. If legal proceedings are brought by Buyer or Seller against the other to recover the Earnest Money Deposit, the prevailing parry 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): Dan Rizzo Attorney Sandy Minnieh 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 initiated this offer or the final counteroffer, if any, and (2) such signing or initialing is communicated to the party making the offer or counteroffer, as the case may be. (h) "Due Diligence": Buyer's opportunity during the Due Diligence Period to investigate the Property and the transaction contemplated by this Contract, including but not necessarily limited to the matters described in Paragraph 2 below, to decide whether Buyer, in Buyers sole discretion, will proceed with or terminate the transaction. (i) "Due Diligence Fee": A negotiated amount, if any, paid by Buyer to Seller with this Contract for Buyer's right to conduct Due Diligence during the Due Diligence Period. It shall be the property of Seller upon the Effective Date and shall be a credit to Buyer at Closing. The Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seller, or if this Contract is terminated under Paragraph 6(1) or Paragraph 9, or as otherwise provided in any addendum hereto. Buyer and Seller each expressly waive any right that they may have to deny the right to conduct Due Diligence or to assert any defense as to the enforceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee, it being the intent of the parties to create a legally binding contract for the purchase and sale of the Property without regard to the existence or amount of any Due Diligence Fee. 0) Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. on 30 days from effective date TIME BEING OF THE ESSENCE with regard to said date. (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. "Settlement Date": The parties agree that Settlement will take place on June 14, 2014 (the "Settlement Date"), unless otherwise agreed in writing, at a time and place designated by Buyer. Page 2 of 9 STANDARD FORM 12•T Revised 7/2013 Buyer initials Seller initials (D 7/2013 iRE%iti `i/ Produced Witt+ zifforrn® by zipLogix 18070 Fifteen We Road, Fraser, Michigan 48026 CM W 1 L, ,1 , U'5� (1*,'M C ., x.i �, C An1t. J (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 13 (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-attomey 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. "Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether or not it is fully payable at time of Settlement. BUYER'S DUE DILIGENCE PROCESS: (a) Loan: During the Due Diligence Period, Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval of the Loan if any. (NOTE: Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction since the Loan is not a condition of the Contract.) (b) Property Investigation: During the Due Diligence Period, Buyer or Buyer's agents or representatives, at Buyer's expense, shall be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of the Property as Buyer deems appropriate, including but NOT limited to the following: (i) Soil And Environmental: Reports to determine whether the soil is suitable for Buyers 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. (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. Page 3 of 9 STANDARD FORM 12-T ,� • J Revised 7/2013 Buyer initials Seller initial �'` ' _ (9 7/2013 Produced with zipFo"6 by zipl.ogix 18070 Fifteen Mde Road, Fraser, M'.chigan 46026 www.zidoatx.com RE Craig Gnef oe= D DCM WILMINGTON, NC (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 roads and utilities including electric, gas, communication services, stormwater management, and means of access to the Property and amenities. (c) Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the Property resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage caused by accepted practices applicable to any N.C. licensed professional performing reasonable appraisals, tests, surveys, examinations and inspections of the Property. This repair obligation shall survive any termination of this Contract. (d) Indemnity: Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and any termination hereof. (e) Buyer's Right to Terminate: Buyer shall have the right to terminate this Contract for any reason or no reason, by delivering to Seller written notice of termination (the "Termination Notice") during the Due Diligence Period (or any agreed -upon written extension of the Due Diligence Period), TIME BEING OF THE ESSENCE. If Buyer timely delivers the Termination Notice, this Contract shall be terminated and the Earnest Money Deposit shall be refunded to Buyer. WARNING: If Buyer is not satisfied with the results or progress of Buyer's Due Diligence, Buyer should terminate this Contract, prior to the expiration of the Due Diligence Period, unless Buyer can obtain a written extension from Seller. SELLER IS NOT OBLIGATED TO GRANT AN EXTENSION. Althought Buyer may continue to investigate the Property following the expiration of the Due Diligence Period, Buyers failure to deliver a Termination Notice to Seller prior to the expiration of the Due Diligence Period shall constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyer's Due Diligence. Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Seller fails to materially comply with any of Sellers obligations under paragraph 6 of this Contract or for any other reason permitted under the terms of this Contract or North Carolina law. (f) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 3. BUYER REPRESENTATIONS: (a) Loan: Buyer ® does ❑ does not have to obtain a new loan in order to purchase the Property. If Buyer is obtaining a new loan, Buyer intends to obtain a loan as follows: ❑ Conventional ® Other: seller financed loan at a M Fixed Rate ❑ Adjustable Rate in the principal amount of 808 LTV for a term of 30 months year(s), at an initial interest rate not to exceed 5.500 % per annum (the "Loan"). NOTE: Buyer's obligations under this Contract are not conditioned upon obtaining or closing any loan. If Buyer represents that Buyer does not have to obtain a new loan in order to purchase the Property, Seller is advised, prior to signing this offer, to obtain documentation from Buyer which demonstrates that Buyer will be able to close on the Property without the necessity of obtaining a new loan. (b) Other Property: Buyer ❑ does ® does not have to sell or lease other real property in order to qualify for a new loan or to complete purchase. (NOTE: If Buyer does have to sell, Buyer and Seller should consider including a Contingent Sale Addendum (Standard Form 2A2-T) with this offer.) (c) Performance of Buyer's Financial Obligations: To the best of Buyer's knowledge, there are no other circumstances or conditions existing as of the date of this offer that would prohibit Buyer from performing Buyer's financial obligations in accordance with this Contract, except as may be specifically set forth herein. / Page 4 of 9 Buyer initials Seller initi STANDARD FORM 12-T Revised 7/2013 © 7/2013 Procuced wllh zip Form® by zgLoplx 18070 Fifteen Mlle Road. Fraser, MicNW 48026 www.zlpLcalx.com Craig Grief or 4, BUYER OBLIGATIONS: (a) Owners' Association Fees/Charges: Buyer shall pay any fees required for confirming account payment information on owners' association dues or assessments for payment or proration and any charge made by the owners' association in connection with the disposition of the Property to Buyer, including any transfer and/or document fee imposed by the owners' association. Buyer shall not be responsible for fees incurred by Seller in completing the Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statement (Standard Form 2A 12-T). (b) Responsibility for Proposed Special Assessments: Buyer shall take title subject to all Proposed Special Assessments. (c) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to any loan obtained by Buyer, appraisal, title search, title insurance, recording the deed and for preparation and recording of all instruments required to secure the balance of the Purchase Price unpaid at Settlement. 5. SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seller: Cif has owned the Property for at least one year. ❑ has owned the Property for less than one year. ❑ does not yet own the Property. (b) Assessments: To the best of Seller's knowledge there are no Proposed Special Assessments except as follows (Insert "None" or the identification of such assessments, if any): none Seller warrants that there are no Confirmed Special Assessments except as follows (Insert "None" or the identification of such assessments, if any): none (c) Owners' Association(s) and Dues: To best of Sellers 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 Q 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 R❑ Not Applicable) Seller warrants that a private drinking water well has been installed, which representation survives Closing, but makes no further representations as to the well. (If well installed after July 1, 2008, attach Improvement Permit hereto.) 6. SELLER OBLIGATIONS: (a) Evidence of Title: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust, leases, and easements relating to the Party. Seller authorizes: (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; and (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys. (b) Access to Property/Walk-Through Inspection: Seller shall provide reasonable access to the Property (including working, existing utilities) through the earlier of Closing or possession by Buyer, including, but not limited to, allowing the Buyer an opportunity to conduct a final walk-through inspection of the Property. To the extent applicable, Seller shall also be responsible for timely clearing that portion of the Property required by the County to perform tests, inspections and/or evaluations to determine the suitability of the Property for a sewage system and/or private drinking water well. (c) Removal of Seller's Property: Seller shall remove, by the date possession is made available to Buyer, all personal property which is not a part of the purchase and all garbage and debris from the Property. Page 5 of q Buyer initials Seller initials STANDARD FORM 12-T Revised 712013 D 7/2013 Produced wllh zipFomd try ziplcga 18070 Fftean Mile Road. Fraser, Michigan 48026 www zioLoaix.com Craig Grief or__ DCM WILMINGTON, NC (d) 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 furnished labor, services, materials or rental equipment to the Property within 120 days prior to the date of Settlement and who may be entitled to claim 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. (e) 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. (f) 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: Buyers failure to terminate this Contract prior to the expiration of the Due Diligence Period as a result of any encumbrance or defect that is or would have been revealed be a title examination of the Property or a current and accurate survey shall not relieve Seller of any obligation under this subparagraph) (NOTE: If any sale of the Property may be a "short sale," consideration should be given to attaching a Short Sale Addendum (Standard Form 2A14-T) as an addendum to this Contract.) (g) Deed, Excise Taxes: Seller shall pay for preparation of a deed and all other documents necessary to perform Sellers obligations under this Contract, and for state and county excise taxes required by law. The deed is to be made to: to be determined prior to closing (h) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $ n/a toward any of Buyer's expenses associated with the purchase of the Property, less any portion disapproved by Buyers lender. NOTE: Examples of Buyer's expenses associated with the purchase of the Property include, but are not limited to, discount points, loan origination fees, appraisal fees, attorney's fees, inspection fees, and "pre-paids" (taxes, insurance, owners' association dues, etc.). (i) Payment of Confirmed Special Assessments: Seller shall pay all Confirmed Special Assessments, if any, provided that the amount thereof can be reasonably determined or estimated. 0) Late Listing Penalties: All property tax late listing penalties, if any, shall be paid by Seller. (k) Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statement (Standard Form 2Al2-1): If applicable, Seller shall provide the completed Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statement to Buyer on or before the Effective Date. (1) Seller's Failure to Comply or Breach: If Seller fails to materially comply with 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. Pa o Buyer initials � Seller initia s STANDARD FORM 12-T Revised 7/2013 m 7/2013 Produced with zipForm® by zipLogx 18070 F41een Mile Road, Fraser, Mlctipan 48026 www.zlpLOdIX,0011 Craig Grief or DCM WILMINGTON, NC 7. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated through the date of Settlement and either adjusted between the parties or paid at Settlement: (a) Taxes on Real Property: Ad valorem taxes and recurring governmental service fees levied with such taxes on real property shall be prorated on a calendar year basis; (b) Rents: Rents, if any, for the Property; (c) Dues: Owners' association regular assessments (dues) and other like charges. S. CONDITION OF PROPERTY AT CLOSING: Buyer's obligation to complete the transaction contemplated by this Contract shall be contingent upon the Property being in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. 9. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. If the improvements on the Property are destroyed or materially damaged prior to Closing, Buyer may terminate this Contract by written notice delivered to Seller or Seller's agent and the Earnest Money Deposit and any Due Diligence Fee shall be refunded to Buyer. In the event Buyer does NOT elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, any of Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property being purchased. Seller is advised not to cancel existing insurance on the Property until after confirming recordation of the deed. 10, DELAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent modification thereto, if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in good faith and with reasonable diligence to proceed to Settlement ("Delaying Party"), and if the other party is ready, willing and able to complete Settlement on the Settlement Date ("Non -Delaying Party") then the Delaying Party shall give as much notice as possible to the Non -Delaying Party and 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. IL POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing as defined in Paragraph 1(m). No alterations, excavations, tree or vegetation removal or other such activities may be done before possession is delivered. 12. OTHER PROVISIONS AND CONDITIONS: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HERETO. (NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT CONDITIONS OR CONTINGENCIES TO THIS CONTRACT.) ❑ Additional Provisions Addendum (Form 2AI I-T) ❑ Loan Assumption Addendum (Form 2A6-T) ❑ Back -Up Contract Addendum (Form 2A1-T) ❑ Owners' Association Disclosure And Addendum For Properties ❑ Contingent Sale Addendum (Form 2A2-T) Exempt from Residential Property Disclosure Statement (Form 2A 12-T) ® Seller Financing Addendum (Form 2A5-T) ❑ Short Sale Addendum (Form 2AI4-T) ® OTHER: Cash price at closing addenda to be prepared by an attorney and Seller agrees to return $2500.of earnest money if closing does not occur 13. ASSIGNMENTS: This Contract may not be assigned without the written consent of all parties except in connection with a tax - deferred exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs and successors. 14. TAX -DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non -exchanging party shall not assume any additional liability with respect to such tax -deferred exchange. Buyer and Seller shall execute such additional documents, including assignment of this Contract in connection therewith, at no cost to the non -exchanging party, as shall be required to give effect to this provision. Page S Buyer initials .• `{ Seller initials ' STANDARD FORM 12-T Revised 7/2013 0 7/2013 Produced with zipFormS by zWLCOX 18070 Fifteen We Road, Fraser, Michigan 48026 WWW.zlolooix,ccrn Cram Grief or DCM WILMINGTON, NC 15. PARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 16. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 17. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR@ or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. 18. NOTICE: Any notice or communication to be given to a party herein may be given to the party or to such party's agent. Any written notice or communication in connection with the transaction contemplated by this Contract may be given to a party or a party's agent by sending or transmitting it to any mailing address, e-mail address or fax number set forth in the "Notice Information" section below. Seller and Buyer agree that the "Notice Information" and "Escrow Acknowledgment" sections below shall not constitute a material part of this Contract, and that the addition or modification of any information therein shall not constitute a rejection of an offer or the creation of a counteroffer. 19. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and the same instrument, and the parties adopt as their seals the word "SEAL" beside their signatures below. 20. COMPUTATION OF DAYS: Unless otherwise provided, for purposes of this Contract, the term "days" shall mean consecutive calendar days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the purposes of calculating days, the count of "days" shall begin on the day following the day upon which any act or notice as provided in this Contract was required to be performed or made. THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. This offer shall become a / binding contract on the Effective Date. Date: Buyer ! (SEAL) rogory/ iahman Date: L Buyer or assigns Date: Buyer (SEAL) (SEAL) Date: 4,son Seller(SEAL) Dermas J Date: 5- ^'�0 �, • er (SEAL) and wife, There�GH 11 Date: Seller Page 8 of 9 (SEAL) STANDARD FORM 12-T Revised 7/2013 m 7/2013 Produced rriN zipForrn®by ziplogix 18070 Rfleen Mile Road, Fraser, Michigan 48026 www.zip6wix.Opm Craig Grief or L _- L__ r � D DCM WILMINGTON, f� NOTICE INFORMATION (NOTE: INSERT THE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY WHICH ARE NOT APPROVED.) BUYER NOTICE ADDRESS: Mailing Address: Buyer Fax#: Buyer E-mail:CGreif@aol.com SELLING AGENT NOTICE ADDRESS: Firm Name: Intracoastal Realty Corp Acting as❑ Buyer's Agent❑ Sellers (sub) Agent❑Dual Agent Mailing Address: 804 Carolina Blvd., Topsail Beach, NC 28445 Individual Selling Agent: Sandra redbotter ❑ Acting as a Designated Dual Agent (check only if applicable) License #: 110113 Selling Agent Phone#: (910) 520-8683 Selling Agent Fax#: (910) 401-1726 Selling Agent E-mail: •ledbetter@intracoaatalrealty. coo SELLER NOTICE ADDRESS: Mailing Address: 7 l _ M Seller Fax#: , Seller E-mail: trN i Gr9 LISTING AGENT NOTICE ADDRESS: Firm Name: n/a Acting as ❑ Seller's Agent ❑ Dual Agent Mailing Address: Individual Listing Agent: ❑ Acting as a Designated Dual Agent (check only if applicable) License #: Listing Agent Phone#: Listing Agent Fax#: Listing Agent E-mail: ESCROW ACKNOWLEDGMENT OF INITIAL EARNEST MONEY DEPOSIT Property:2068 New River Inlet Rd , North Topsail Beach, NC 28460 Seller: Dennis Johnson and wife Theresa G Hill Buyer: Gregory D. Eichman or assigns Escrow Agent acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms hereof. Date Firm: Dan Rizzo Attorney By: (Signature) SandyMinnich (Print name) Page 9 of 9 STANDARD FORM 12-T Revised 7/2013 0712013 Nuouced m1h zipForm* by vpLoois 10070 Fifteen We Road, Fraser, Mkhigen Q026 i' f ar.I D DCM N �iB .. )N n nne E_