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26-19 Isenhour, Garrett
Permit Class NEW Permit Number 26-19 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit RECEIVED MAY 0 7 2019 for DCM-MHO CITY X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Garrett Isenhour 4330 Southport Supply Road, Suite 101, Southport, NC 28461 Authorizing development in Brunswick County adj. to the Atlantic Ocean, at 4625 Each Beach Drive, Oak Island , as requested in the permittee's application dated 1/21/19 and Ocean Hazard AEC notice dated 1/21/18 incl attached workplan drawings as referenced in Condition No. 1. This permit, issued on April 30,2019 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may )e subject to tines, imprisonment or ctvn action; or may cause me permit to oe nuu ana vora. 1) This permit authorizes the following workplan drawings (4), Sheet 3 of 5 dated 12/2018, Sheet 4 of 5 dated 1/16/19, Sheet 5 of 5 dated received at DCM Wilmington 2/11/19, and Figure A dated 09/2018. Ocean Hazard Development 2) Unless specifically altered herein, this permit authorizes the land disturbing activities associated with the development of the above referenced property, including the single family residence, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910)796-7215 for this determination. (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, 2022 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 Chairman of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Garrett Isenhour Permit No. 26 119 ADDITIONAL CONDITIONS Page 2 of 3 3) No fill material shall be placed at any time in any vegetated wetlands outside of the alignment of the fill area indicated on the workplan drawing(s). 4) All construction within the Ocean Hazard AEC shall comply with all applicable requirements 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 the flood damage prevention ordinance are inconsistent with any of the following AEC standards, the more restrictive standard shall apply. 5) All fill material shall be clean and free of any pollutants except in trace quantities. 6) Prior to the initiation of construction within the Ocean Hazard AEC, a representative of the Division of Coastal Management shall stake the first line of stable, natural vegetation and appropriate structure setbacks. These setback determinations shall replace those done at the time the permit application was processed and approved. Construction shall begin within sixty days of this determination or the measurement. is void and shall be re-established. In the case of a major shoreline change within that period, a new setback determination shall be required before construction begins. 7) In no case shall the authorized development be located oceanward of the Town of Oak Island Development line. 8) All buildings in the Ocean Hazard Area of Environmental Concern shall be on pilings not less than 8 inches in diameter if round, or 8 inches to a side if square. 9) All foundations shall be adequately designed to be stable during applicable fluctuations in ground elevation and wave forces during a 100-year storm. 10) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the structures. 11) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s)'shall be relocated or dismantled within two (2) 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 re -nourishment takes place within two (2) 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. Sedimentation and Erosion Control 12) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 13) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. Garrett Isenhour ADDITIONAL CONDITIONS General Permit No. 26-19 Page 3 of 3 14) No development authorized by this permit shall take place until the sale of the property to the permittee by Heirs of W. Lee Hewett is finalized and a documentation showing change of ownership is provided to the Division of Coastal Management. Should the purchase of the property not be finalized, this permit shall be null and void. 15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 16) 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. NOTE: This permit does not convey any rights, either in real estate or material. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. 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. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2019- 0268. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project Action ID No. SAW-2019- 00176. NOTE: An application processing fee of $400 was received by DCM for this project. RECEIVED MAY 0 7 2019 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD w APPLICANT: Isenhour Homes COUNTY: Brunswick PROJECT NAME: Isenhour SFR w/fdl LOCATION OF PROJECT: 4625 E. Beach Ds, adjacent to the Adantic Ocean, in Oak Island DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-11-19 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: MacPherson DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT:�� APPLICATION ASSIGNED TO: Spears PUBLIC NOTICE REC'D: 3-2-19 ADJ. RIP. PROP NOTICES RECD: C) 75 DAY DEADLINE: 4-27-19 MAIL OUT DATE: 2-28-19 PERMIT FINAL ACTION: ISSUE N/11 DENY To Be Forwarded: N/A RECEIVED MAY 0 7 P019 DCM-MHD CITy DISTRICT OFFICE: WILMINGTON FEE REC'D: $400 (60140) # 1622 END OF NOTICE DATE: 3-23-19 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 3-23-19 AGENCY ATE MENTS LRETURNED OBJECTIONS: YES NO NOTES DCM —Field Rep Local Permit Officer DCM DCM — LUP Consistency Determination ?j 2--4-10 Rural Development Division ?j DEMLR — Stormwater & Sed/Erosion z167 DWR-401 61 DOA — State Property Office /I DMF — Shellfish Section NCDOT DMF — Habitat & Enhancement 3 4- n DWR—Public Water Supply `� e USACE — Regulatory } DNCR — Archives & History 3 42( °� y DNCR — Natural Heritage Program 3 2 001 WRC — Wildlife Resources Commission 5 Le? X -wS MEMORANDUM To: Courtney Spears From: Michael Christenbury, Wilmington District PlannAlsland Subject: Consistency Determination — Isenhour Homes— OBrunswick County Date: March 27, 2019 This project is consistent with the 2017 Town of Oak Island Comprehensive Land Use The applicant proposes to construct a single-family residence with associated freshwater fill. The project is located at 4625 E. Beach Drive, adjacent to the Atlantic Ocean in Oak Island. I have reviewed this proposal for consistency with the Town of Oak Island CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Residential. Waters at the project site are classified as SB and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. Areas of Environmental Concern (AEC's) are OH. Oak Island allows development in Residential classified AECs, which is consistent with the State's minimum use standards. The Oak Island 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 is consistent with the Town of Oak Island Land Use Plan Update. Cc: FILE RECEIVED MAY 0 7 2019 DCM-MHD CITY ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Direclar, Divivon ofC'oavml Monagemenl February 28, 2019 MEMORANDUM. FROM Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) co u rtnev. s pears 0 n cd e n r. o ov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Isenhour Homes Project Location: 4625 E. Beach Dr, adjacent to the Atlantic Ocean in Oak Island, Brunswick Co. Proposed Project: construction of a single-family residence with freshwater wetland fill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by March 23, 2019. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: i� 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 AGENCY N C % �(7 /K p-ye c Inn E� SIGNATURE Y 6 l�f-�� CEjNG ON, -� OCM WILM NC MAR 0 '� 2019 DATE 3 ' 7 DECEIVED State of North Carolina I Environmental Quality I Coeatal Management MAY U 7 2019 127 Cardinal Drive Eat., Wilmingtoq NC 2&405 919 796 7215 DCM-MHD CITY 0#_ ROY COOPER MICHAEL S. REGAN „.•t1,1 BRAXTON DAVIS February 28, 2019 MEMORANDUM: FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtney.soearsOncdenr.aov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Isenhour Homes Project Location: 4625 E. Beach Dr., adjacent to the Atlantic Ocean in Oak Island, Brunswick Co. Proposed Project: construction of a single-family residence with freshwater wetland fill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by March 23, 2019. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 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 A 01Et � S AGENCY K>a M L1` ECE�V ED SIGNATURE oGMw��M�NG�GN FEB297019 DATE Z°� I Zol q State of North Caroline I Environmemal Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 wo- NC DECEIVED MAY 0 7 2019 DCM-MHD CITY M Spears, Courtney From: Coburn, Chad Sent: Tuesday, March 26, 2019 2:01 PM To: Spears, Courtney Subject: Isenhour Disregard my Isenhour question. I found the green sheet from Shaun. No written approval required for this one. Chad Environmental Specialist II NC Division of Water Resources Water Quality Regional Operations Section Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910-796-7379 email: chad.coburn@ncdenr.sov 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. RECEIVED MAY U 7 2019 DCM-MHD CITY 1 ROY COOPER Gmemur MICHAEL S. REGAN BRAXTON DAVIS Ihrrnnr, Uwnam u/( ...6J AOnnngrrnem February 28, 2019 MEMORANDUM: FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev. spears(o)ncden r. goy SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Isenhour Homes Project Location: 4625 E. Beach Dr, adjacent to the Atlantic Ocean in Oak Island, Brunswick Co Proposed Project: construction of a single-family residence with freshwater wetland fill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by March 23, 2019. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins RECEIVED MAR 0 4 2019 AGENCY NC DMF - Shellfish Sanitation DCM WILMINGTON, NC SIGNATURE Jait¢lxu_ 9Yuhtoafft¢u for Shannon Jenkins DATE 3/1/2019 RECEIVED MAY 0 7 2019 state of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Est., Wilmington, NC 28405 919 796 7215 DCM-MHD CITY tAq c February 28, 2019 MEMORANDUM: ROY COOPER r h,eem„r MICHAEL S. REGAN srl, rnn BRAXTON DAVIS f MR'tYul. i h11n(rhl !y l ,W4,N ' 1fwwAtwrem FEB 2 8 2019 FROM: Courtney Spears, Assistant Major Permits Coordinator 1HABITAT& NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev. sgearsCa)ncdenr.gov SUBJECTS CAMA /Dredge & Fill Application Review Applicant: Isenhour Homes Project Location: 4625 E. Beach Dr., adjacent to the Atlantic Ocean in Oak Island, Brunswick Co Proposed Project: construction of a single-family residence with freshwater wetland fill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by March 23, 2019. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 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 6'A2--_r4, RECEIVED AGENCY �� C MAY 0 7 2019 DCM-MHD CITY SIGNATURE RECEIVED 3 DATE 5 Iq MAR 0 5 2019 I DCM WILMINGTON, NC Stele of Nmh Cuolina I Environmental Qaelity I Coastal Management 127 Cardinal Dnvo Ext., Wilmington, NC 29405 919 7967215 ROY COOPER Guren'r tv j_ MICHAEL S. REGAN .Seen-wn NORTH CAROLINA Eimironmentnl Qunlay February 28, 2019 FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev.spearsAncdenr.gov SUBJECT: CAMA /Dredge & Fill Application Review BRAXTON DAVIS Dimmr. Urcui,n n/ 11w.va1 Maw" ment Applicant: Isenhour Homes Project Location: 4625 E. Beach Dr., adjacent to the Atlantic Ocean in Oak Island, Brunswick Co. Proposed Project: construction of a single-family residence with freshwater wetland fill Please indicate below your agency's position or viewpoint on the ro osed ro act and return this form to Courtney Spears at the address above by If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 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. Mr, a< Q/ocv . Stare of North Cmohm I Environmental Quality I CowW M —9--t 127 Cardinal Drive Ext., Wilming m, NC 29405 919 796 7215 RECEIVED MAY 0 7 2019 DCM-MHD CITY RECEIVED Mi-k 0 5 2019 DCM WILMINGTON, NC pm U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-00176 County: Brunswick County U.S.G.S. Quad: Southport GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Garrett Isenhour Isenhour Homes Address: St. James Square 4330 Southport Supply Rd. Suite 101 Southport, NC 28461 Telephone Number: 910-363-1620 Size (acres) 0.1721763 Nearest Town Oak Island Nearest Waterway Lone Bay River Basin Lower Pee Dee USGS RUC 03040208 Coordinates Latitude: 33.909733 Longitude:-78.115268 Location description: The project is located at 4625 East Beach Drive (Lot 13), Oak Island NC 28461 RECEIVED MAY 0 7 2019 DCM-MHD CITY Description of projects area and activity: The activities in waters of the United States include the placement of fill material in 0.00952 acre of freshwater wetlands for the construction of a two-story single-family home on site. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP 18 Minor Discharges SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated March 11, 2019. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. RECEIVED If there are any questions regarding this verification, any of the conditions of the Permit, or the CorpV0MVKMffi11 P1Qdam, please contact Jordan Jessop at 9102514810 or Jordan.E.Jessopausace.armv.mil. ' Corps Regulatory Official: Jordan E. Jessop APR 2 4 2019 SAW-2019-00176 Date: April 12, 2019 Expiration Date of Verification: March 18, 2022 A. Determination of Jurisdiction: 1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33. USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ® There are wetlands within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. ❑ A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable, action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued Action ID: SAW- B. Basis For Jurisdictional Determination: See attached Approved JD form(s). C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved,Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attu: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA.to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part331:5, and that it has been received by:the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by It is not necessary to submit'an.RFA form to the Division Office if you do not object to the determination in this correspondence. SAW-2019-00176 Corps Regulatory Official: Date of JD: March 04.2019 Digitally signed by ESSOP.JORDAN.E.1515090548 a : 2019.04.1213:31:18-04'00' Jordan E. Jessup Expiration Date of JD: March 4, 2024 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at b.9p://coEpsmgpu.usace.army.mil/cm apex/Vp=136:4:0. Copy furnished: Hewett Lee 6088 Bethel Road Southport NC, 28461 RECEIVED MAY 0 7 2019 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC APR 2 4 2019 Action ID Number: SAW-2019-00176 County: Brunswick County Permittee: Garrett Isenhour Project Name: Lot 13 East Beach Drive (Oak Island) Date Verification Issued: April 12, 2019 Project Manager: Jordan Jesson Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Jordan Jessop Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and,required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date i —a a_ N EAST DOLPHIN DRIVE h ENVIRONMENTAL CONCERN. �FA OF DUNE�i 12.3't FIRST UNE OF STABLE VEGETATION (FLOSV) 1: SEED do STRAW ALL DISTURBED AREAS FLAGGED BY A CAMA 2: ONE (1) 1�7 SE HEIGHT OR OVER TOWN OFFICAL,_„ AT MATURITY BE PUNTED OR REMAIN AFTER , CONSj[{t{Cj6bjWMIiW'k Fy FBE T AREA 3: O lJ /,� ilidl{T i9ft H TTMEE ROOMDMI ZIa LIRE �1. STREET RtIIGGHST--t[WAY.-OWAY. I LOT AREA = 7500.0 SF I TOTAL IMPERVIOUS AREA 15 14 O m (1542.8/7500.0)100=20.6% O AREA RETENTION -0 CU ATIONS I Ln 1=(410.3 SF X 1.5)/12=51.3 CF/1.76=29.1=30 LF EZFLOW 2=(386.3 SF X 1.5)/12=48.3 CF/1.76-27.4=30 LF EZFLOW 3=(368.3 SF X 1.5)/12-46.0 CF/1.76=26.2-30 LF EZFLOW 4=(377.9 SF X 1.5)/12-47.2 CF/1.76=26.8-30 LF EZFLOW— — � —© ' TOTAL VOLUME TO BE RETAINED=192.8 CF j— - I �/ 414.8 SF OF !n do NOTE: SILT FENCE CONSTRUCTION WETLAND TO ENTRANCE TO BE PER TOWN OF I RECEIVE FILL--, OAK ISLAND STANDARD DETAIL OR I g�c APPROVED EQUAL ESTABUSH VEGETATIVE COVER (TYP) 12' NATIVE FILL 5.0' FROM FOUNDATION 3 FROM PILINGS N GEOSYNTHETIC ATTACH DOWNSPOUTS TO 1203H EZFLOW CONFIGURATION WITH 4' PERFORATED PIPE / ENCAPSULATE , WITH EROSION CONTROL FABRIC J N d 12' EZflow FOR HIGH WATER TABLE 13.2 GAL/LF OR 1.76 CF/LF LEGEND (IF USED) IRF N 7423 20' MBL 4.W* I "''7777 g� 12 LIT) I000 USAGE (MHWL) OWN OF OAK ISLAN W I 69:—LAN2WARD. SETBACK... FROM (FLOSV) I in 9 I9x 1998 STATIC — I VEGETATION LINE m L — — J IRS RECEIVED GRAVEL DRIVE AT"" .I 50.00' AN2J 2019 S 74'23'00" E 4625 EAST BEACF�°"""N'NC 8.2'3 6.4'f 6.5't 60' PUBLIC RIGHT-OF-WAY LINE ,- -SILT FENCE USACE-US ARMY CORP OF ENGINEERS CB -CABLE PEDESTAL TP-TELEPHONE PEDESTAL CAMA=COASTAL AREA MANAGEMENT AGENCY SSMH-SANITARY SEWER MANHOLE SSCO=SAMTARY SEWER CLEANOUT F.E.MA=FEDERAL EMERGENCY MANAGEMENT AGENCY F.I.R.M.- FEDERAL INSURANCE RATE MAP FLOOD CERTIFICATION: 1. THIS PROPERTY LIES WITHIN F.E.MA SPECIAL FLOOD HAZARD AREA VE-12 AS SHOWN ON F.I.R.M. 37202005WK, DATED 8/25/2018. GENERAL NOTES: 1. MEASUREMENTS ON THIS MAP ARE IN FEET AND DECIMALS THEREOF. 2. ALL SET CORNERS. ARE 5/8' IRON REBAR UNLESS OTHERWISE NOTED. 3. THIS PROPERTY MAY BE SUBJECT TO ADGTTIONAL EASEMENTS. RIGHTS OF WAYS AND RESTRICTIONS NOT 04SCERNBLE BY OBSERVATION AT THE TIME OF SURVEY OR THAT, #* B( OF )1ECOR0. NO TITLE SEARCH BY THOMAS D. VON CANON. REFERENCES: 1. PUT OF LONG BEACH, SECTA 12. MOROW IN MAP CABINET 1, PAGE 99. ON 12/13/1938 1 NSWICK COUNTY, NORTH CAROUNA REGISTER OF DE EROSION CONTROL--,,4" 57 STONE FABRIC n 'I r UNDISTURBED SOIL PERVIOUS GRAVEL OAK ISLAND DRIVEWAY DETAIL ZONING OK-R-7 GRAPHIC SCALE is. 0 7.5 15 30 SETBACKS -. _. "i FRONT- 15' SIDE= 8'. C-10' 1 NCH = 30 FEET REAR- 20' TAX PARCEL # 249DF015 PRELIMINARY SITE PLAN I FOR: ISENHOUR HOMES LOT 13 BLOCK 11, SECTION 2 LONG BEACH OAK ISLAND, SMITHVILLE TOWNSHIP BRUNSWICK COUNTY, NORTH CAROLINA (hiAlJoaa VCS & CO., INC. C-2160 1 VAI1Dn Kl 1AIAV Received: 03/05/2019 State Historic Preservation Office ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS /N,nhv. UrvuHw nJ( L.ww/ Max,& / W ER 19-0924 February 28, 2019 MEMORANDUM: Due -- 3/20/19 FROM Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier04-16-33) eourtney soears4ncdenroov SUBJECT. CAMA/Dredge 8 Fill Application Review Applicant: Isenhour Homes Project Location: 4625 E. Beach Dr., adjacent to the Atlantic Ocean /n Oak Island, Brunswick Co Proposed Project: construction of a single-family residence with freshwater wetland fill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by M8►ch 23, 2019. if you have any questions regarding the proposed project, contact Tara MacPherson at (910} 796-7425 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 NAMERenee Gledhill -Earley AGENCY State Historic Preservation Office SIGNATURE L (Y1�,Q DATE 3'�+� -(5 RECEIVED RECEIVED MAY 0 7 2019 IJCM-MHD Cit MAR 2 6 2019 MP SECTION WIRO Su�c ortionA Ce,nLn Enarvnnenul 9197% f),ri�y.Cwpal}215 MAR 0 1 2019 L`7('erdiml Dnw ERi.. Wdmingmi.FC:Si05 96/j to ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS February 28, 2019 FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04.16-33) courtnev. sQearsCalncdenr.gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Isenhour Homes Project Location: 4625 E. Beach Dr, adjacent to the Atlantic Ocean in Oak Island, Brunswick Co. Proposed Project: construction of a single-family residence with freshwater wetland fill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by March 23, 2019. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 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" V 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. RECEIVED PRINT NAME w a LAC_.Q IA_ad. > MAY 0 7 2019 AGENCY .eta% PLAOa AA 61 8 t-�C� DCM-MHD CITY RECEIVED SIGNATURE V- U—A-0 - t�- �" e�" APR 11 _!; ' DATE 4-w Z-D 1 � MP SECTION WIRO State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Exl., Wilmington, NC 29405 919 796 7215 It W U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-00176 County: Brunswick County U.S.G.S. Quad: Southport NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Hewett W Lee Hrs RECEIVED Address: 6088 Bethel Road Southport, NC 28461-8919 MAY 0 7 2019 Telephone Number: DCM-MHD CITY Size (acres) 0.17 acres Nearest Town Oak Island, NC Nearest Waterway Lone Bay River Basin Lower Pee Dee USGS HUC 03040208 Coordinates Latitude: 33.909733 Longitude:-78.115268 Location description: Lot 13 is located in between SE 46" Street and SE 49" Street off East Beach Drive in Oak Island. Brunswick County. NC. (Parcel ID: 249DF015) Indicate Which of the Followine Apply: A. Preliminary Determination There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (C WAx33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (C WAx33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of C WA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination RECEIVED There are Navigable Waters of the United States within the above described property subject tot�fp,�pegrrmntit re�qquirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean WBtdKF�t�Cbtlj$x33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. DCM WILMINGTON, NC X There are waters of the U.S., includine wetlands, on the above described nroiect area subiect to the Dermit requirements of Section 404 of the Clean Water Act (CWA) (33 USC S 1344)Unless there is a chanfe in the law or our published regulations this determination may be relied upon for a period not to exceed five years from the date of this notification _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. Page 1 of 2 SAW-2019-00176 X The wa your property which provided there is no change in the law or our published regulations may be relied upon for a period not to exceed five Years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subiect to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington. NC.to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Gary Beecher at (910) 251-4694 or Ga ry.H.Beecherna.usa ce.a rmv.mil. C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by May 2, 2019. It is not necessary to submit an RFA form to the Division Office If you do not object to the determination in this correspondence. �,J Nn�eeti 4 Zotq Corps Regulatory Official: , H • t� RECEIVED Date: March 4, 2019 Expiration Date: March 4, 2024 MAR 0 4 2019 DECEIVED DCM WILMINGTON, NC MAY 0 7 2019 DCM-MHD CITY SAW-2019-00176 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at httv://corpsmapu.usace.army.mil/cm anex/f p=136.4.0. Copy Furnished via e-mail to: Corey Novak Land Management Group (LMG) 3805 Wrightsville Avenue Wilmington, NC 28403 (910)452-0001 enovak(a),lmgroumnet RECEIVED MAY 0 y 2019 DCM-MHD CITY RECEIVED MAR 0 4 2019 DCM WILMINGTON, NC SAN'-2019-00176 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Hewett W. Lee Hrs File Number: SAW-2019-00176 Dater March 4.2019 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of permissjon A Ll PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/Re ug IatoiyProgramandPermits.aWx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. RECEIVED RECEIVED MAY 0 7 2019 MAR 0 4 2019 DCM-MHD CITY DCM WILMINGTON, NC asw_2mumnF E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. GTION II - REQUEST FOR APPEAL or OBJECTIONS TO A N JIAL PROFFFRFD PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONT S,OR INFO TIQN: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: Gary Beecher CESAD-PDO 69 Darlington Avenue U.S. Army Corps of Engineers, South Atlantic Division Wilmington, North Carolina 28403 60 Forsyth Street, Room I OM15 Atlanta, Georgia 30303-8801 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportuni to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Sarah Hair, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RECEIVED MAY 0 7 2019 RECEIVEr MAR 0 I. ' DCM-MHD CITY DCM WILMI�' ' - , A NOTE: This is not a survey. Al boundaries and distances are considered approximate. This represents a preliminary sketch prepared from field notes. A survey of delineated ` areas and review and approval by the US Army Corps of Engineers is recommended prior to specific site planning. 19 _ Legend Project Area - 0.17 ac''F' / '-4FCEIVED Uplands - 0.16 ac (94%) Wetlands - 0.01 ac (6%) MAY 0 7 2019 RECEIVED Data Points DCM-MHD CITY MAR 0 4 2019 Map Source: 2012 NC OneMap Aerial Photography _ Lot 13, East Beach Drive Oak Island Brunswick County, NC September 2018 LM G 18.306 �PLMG LAND MANAGEMENT GROUP , orni P y www.lmerouo.net 3805 Wrightsville Avenue Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 SCALE 1" = 30' Figure 7 Preliminary Upland/Wetland Delineation Sketch �aa--isa1� ra:� MICHAEL S. REGAN S'err'etary BRAXTON DAVIS Umrolw', Onvrian ,(('uarlul Man agernvnr February 28, 2019 MEMORANDUM: FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtney.spears(cDncdenr.gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Isenhour Homes Project Location: 4625 E. Beach Dr, adjacent to the Atlantic Ocean in Oak Island, Brunswick Co. Proposed Project: construction of a single-family residence with freshwater wetland fill Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by March 23, 2019. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 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. _XXX This agency objects to the project for reasons described in the attached comments. PRINT NAME Rodney A Butler RECEIVED AGENCY NC NATURAL HERITAGE PROGRAM MAY 0 7 2019 SIGNATURE Rodney A DCM-MHD CITY RECEIVED DATE _3/7/2019 MAR 2 0 2019 State of North Carolina I Environmental Quality I Coastal Management DCM WILMINGTON, NC 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 0" 1 Roy Cooper. Governor •MON NCDEPARTMENTOF I IAp1 NATURAL AND CULTURAL RESOURCES Susi Hamilton. Secretary ORan Walter Clark. Director, Land and Water Stewardship NCNHDE-8511 March 20, 2019 Courtney Spears INC DEO 127 Cardinal Drive Wilmington, NC 28405 RE: CAMA: 4625 E. Beach Dr., adjacent to the Atlantic Ocean Dear Courtney Spears The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached 'Documented Occurrences' tables and map. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httos://www.fws.aov/offices/Directory/ListOffices cfm?statecode=37 Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at ro�y.butler(6ncdcr aov or 919-707-8603, Sincerely, NC Natural Heritage Program RECEIVED MAY 0 7 2019 RECEIVED DCM-MHD CITY MAR 2 0 2019 DCM WILMINGTON, NC DEPARTMENT OF NATURAL AND CULTURAL RESOURCES (� ICI%A 11NCESSTRLL I,WLEx,HN( •10'1MALwIPv?i E( LNIGH, R A L(.IfA I NC 1 It, )I OFC 919 707 (1120 • FAx 919 T01.1VI Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area CAMA: 4625 E. Beach Dr., adjacent to the Atlantic Ocean March 20, 2019 NCNHDE-8511 Element Occurrences Documented Within Project Area Taxi norffl-7 7+3 Scientific Name ' ��'iiimon Name _ has '`` ement Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Rank Reptile 14277 Caretta caretta Loggerhead Seaturtle 2017-08-07 B 3-Medium Threatened Threatened G3 S3B,S3 N Reptile 7524 Chelonia mydas Green Seaturtle 2010-07-19 E 3-Medium Threatened Threatened G3 S1B,SU N Vascular Plant 26053 Amaranthus pumilus Seabeach Amaranth 2010-Summer D 3-Medium Threatened Threatened G2 S1 No Natural Areas are Documented within the Project Area No Managed Areas Documented within the Project Area Definitions and an explanation of status designations and codes can be found at httns://ncnhde_natureserve.oro/content/heln. Data query generated on March 20, 2019; source: NCNHP, 01 Jan 2019. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. O n 3> M 3 0 z N o o a n m m v 0 = n o m m z n n i m v -c Page 2 of 5 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area CAMA: 4625 E. Beach Dr., adjacent to the Atlantic Ocean March 20, 2019 NCNHDE-8511 Element Occurrences Documented Within a One -mile Radius of th ® 'non Name is Bird 27222 Haematopus palliatus American Oystercatcher Bird 25219 Ixobrychus exilis Least Bittern e Project Area Last El Y. - -Observation OccurJiffrn— Date RankJMW 2007 CD 4-Low 1980-Pre Dragonfly or 33738 Somatochlora Coppery Emerald 2004-Pre Damselfly georgiana Freshwater Fish32417 Acipenser oxyrinchus Atlantic Sturgeon 2012-04-04 oxyrinchus Mammal 17664 Trichechus manatus West Indian Manatee 2018-08-13 Reptile 3970 Alligator American Alligator 2018-02-26 mississippiensis Reptile 14277 Caretta caretta Loggerhead Seaturtle 2017-08-07 Reptile 7524 Chelonia mydas Green Seaturtle 2010-07-19 Reptile 1862 Lepidochelys kempii Kemp's Ridley Seaturtle Vascular Plant 26053 Amaranthus pumilus Seabeach Amaranth Vascular Plant 22358 Erythrina herbacea Coralbean Vascular Plant 22356 Erythrina herbacea Coralbean Vascular Plant 22357 Erythrina herbacea Coralbean Rascular Plant 28779 Euphorbia bombensis Southern Seaside Spurge Mascurr Plao 6152 Galactia mollis Soft Milk -pea ga' sculao PlarM 13051 Ipomoea imperati Beach Morning-glory scullP Pla m 5456 Lilaeopsis carolinensis Carolina Grasswort O v0 z o n _ o V _m C c� o m � � v -c H? 3-Medium H? 5-Very Low E 4-Low Federal State Global State Status Status Rank Rank --- Special G5 S2S3B, Concern S3N --- Special G4G5 S2S3B Concern --- Significantly G3G4 S2? Rare Endangered Endangered G3T3 S2 E 5-Very Threatened Threatened G2 S1N Low E 4-Low Threatened Threatened G5 S3 Similar Appearance B 3-Medium Threatened Threatened G3 S3B,S3 N E 3-Medium Threatened Threatened G3 S1B,SU N 1992-08-30 H? 4-Low Endangered Endangered G1 S1B,SU N 2010-Summer D 3-Medium Threatened Threatened G2 S1 2005-10-25 D 2-High --- Endangered G5 S2 2005-10-25 D 2-High --- Endangered G5 S2 2006-10 D 2-High --- Endangered G5 S2 1948 H 4-Low --- Significantly G4G5 S2? Rare Throughout 1957-06-06 H 4-Low --- Threatened G4G5 S2 1950-08-19 H 4-Low --- Threatened G5 S1 1961-06 H 4-Low --- Significantly G3G5 S2 Rare Other Page 3 of 5 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic' EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State Observation Occurrence Status Status Rank Rank Date Rank Vascular Plant 5382 Peltandra sagittifolia Spoonflower 1950-08 H 4-Low --- Significantly G3G4 S2S3 Rare Peripheral Vascular Plant 18690 Rhynchospora odorata Fragrant Beaksedge 1948-08 H 4-Low --- Special G4 S1 Concern Vulnerable Vascular Plant 22390 Solidago villosicarpa Coastal Goldenrod 2005-10-26 D 2-High --- Endangered G1 S1 No Natural Areas are Documented Within a One -mile Radius of the Project Area No Managed Areas are Documented Within a One -mile Radius of the Project Area Definitions and an explanation of status designations and codes can be found at httns,//ncnhde_naturesarva nrg/cnntont/hold Data query generated on March 20, 2019: source: NCNHP, 01 Jan 2019. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. v n z N n m o 1 ? :z v z n v 3 t n 0 v n o m � � v Page 4 of 5 NCNHDE-8511: CAMA: 4625 E. Beach Dr., adjacent to the Atlantic Ocean n n o o m cvi v q A March 20, 2019 Project Boundary n m El Buffered Project Boundary g C7 Q Natural HElementtage Element Occurrence (NHEO) NO ill G) a C� 0 nJ o ' 11 v Z z 0 Page 5 of 5 f 1:20,576 0 0.175 0.35 Urn 0 0,275 0.55 1.1 km SeunE- E.i HERE...n. 1,.—E. inpwrmt P Ce GESCO USOS. FRO, NGS, NECAN Gse w IGN. NaOv�W NL OMmnt Sorry, EM It M I. E-CMM.N KM)m..Yepo, 0O StreeC mMeulpt IM Ne CIS U'r Cmmu wtl- e, - February 28, 2019 ROY COOPER MICHAEL S. REGAN 3,�mtan FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev spears nedenr.Qov SUBJECT CAMA /Dredge & Fill Application Review BRAXTON DAVIS !,4, w1LniwWt"J(,M gti ktv_ ern Applicant: Isenhour Homes Project Location: 4625 E. Beach Dr, adjacent to the Atlantic Ocean in Oak Island, Brunswick Co. Proposed Project: construction of a single-family residence with freshwater wetland fill Please indicate below your agency's position or viewpoint on the proposed project and return this font to Courtney Spears at the address above by March 23, 2019. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 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 AGENCY N64J SIGNATURE -- DATE 3- 22-2 II 8 e ofNdnb Carolina I Sm+tm mW Qwdity l Coa W Mu.&emunt 127C}rdmat Dfiw E2.GYdmingto NC2gW3 9197967215 RECEIVED MAY 0 7 2019 DCM-MHD CITY RECEIVED MAR222019 ACM VjIl_MINGTON, NC ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director SENT VIA EMAIL Land Management Group, Inc. c/o Kim Williams kwilliams@lmgrou p.net Dear Ms. Williams: NORTH CAROLINA Environmental Quaflty April 26, 2019 This letter is in reference to your application for a Coastal Area Management Act Major Permit on behalf of Isenhour Homes (Garrett Isenhour) to undertake development activities at their property at 4625 E Beach Drive/Lot 13, in Oak Island, Brunswick County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S.113A-122(c) which would make July 11, 2019, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (910-796-7426) or e-mail (courtney.spears@ncdenr.gov). S Iceely, Courtn�y Assistant cc: WiRO file MHC file Liz Hair, USACE, email cc Chad Coburn, DWR, email cc Permits Coordinator RECEIVED MAY U 7 ?W9 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 127 Cardinal Drive Extension I Wilmington, North Cardin 2&405 910.796.7215 Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments major fee, Lot 13, 4625 Isenhour Homes Capital $ East Beach Rd., Oak Is., TM rct. 1/31/2019 LLC same Bank 1622 400.00 BrCo NO SPLIT 1622D W > Lu LU � o r o � U D S v NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Atlantic Ocean Fee:$400 #1622 / CDAITS MHC cc V Applicant: Isenhour Homes AgenttContractor: Land Management Group c% Klm William Project Site County: Brunswick Staff: Tara MacPherson District: Wilmington Project Name: 4625 E Beach Dr SFR Rover File: River Basin: Initial date of application submittal: 1-23-19 Date application "received as complete" in the Field office t SITE DESCRIPTION/PERMIT INFORMATION ORW: ❑Yes o I PNA: oYesNJZINo Photos Taken: Yes ❑ No Setback Required (riparian) MYesWNo Critical Habitat: ❑Yes ❑No Not Sure 15 foot waiver obtained: ❑Yes o NotificationReturned: �ardNotification SAV: ❑Yes No ❑Not Sure Shell. Bottom: []Yes No ❑ Not Temporary Impacts: Yes []No Sure Sandbags: ❑Yes o ❑ Not Sure Did the land use classificaV'�'of/� come Mitigatio Required (optional): from county LUP: []Yes U%o ❑Yes No Moratorium Conditions: Environmental A sessment Done: []Yes ❑NolA_ Length of Shoreline: []Yes NNo ❑NA FT. Shellfish Area si nation: Project Description: (code) Development Area: (code) Open - - losed O� SECONbARiAWA1'ER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑Nutrient Sensitive Waters (NSW) Swamp Waters (SW) ❑ High Quality Waters (HQW) LJ Outstanding Resource Waters (ORW) WETLANDS IMPACTED (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) El (SS) Glasswort ( Salicomia sp.) e ds) El(CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sP ) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemedanus) patens) APPLICATION FEE / 1 ❑ No fee required - $0.00 I(A) Private w/ D&F up to 1 acre, 34 00 ) Priv. public or Comm w/ D&F to 1 be applied - $250 a r , 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 ❑ Express Permit - $2000 4144 can be applied - $400 ❑ Major development extension request - ❑ ll. 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 MAR 0 2019 acre; 4144 can be applied; DCM needs 5 DWQ agreement - $400 Isenhour Homes Date: 1-23-19 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 ChOo se Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 e O New Work Fk Oftlpla& Maint ❑ New Work ❑ Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint El ❑ Y. ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ _ Replace Maint 0 ❑ 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 Habitat Name DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. 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 temp impacts impact amount) temp impads) amount Dredge ❑ Fill* ill Both ❑ Other ❑ 1 y 241 q , Dredge ❑ Fill ❑ Both ❑ Other 7j y S� 5 Dredge ❑ Fill ❑ Both ❑, Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑. Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919-733-2293 :. 1.888.4RCOAST n www.nceoastalmanaeement.net revised: 10/12/06 Major Permit Fee Schedule Project Name: 14(a x7 5,_4 cfrvm County: J?.�7`Vv v\j IC� Check No & Amount: (k.0a;' 'ck C/ Development Type Fee DCM % (14300160143510009316256253) DWQ % (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% ($250) 0% ($0) II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) III. For development that involves the riling 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 Certification No. 4144 (See attached) can be applied: $2`5N0`I 100% 250 0% ($0) III(B). Public or commercial development, if General Water Quality Certification No. 4144 (See attached) can be applied: $400 100% ($400) 0% ($0) III(C). If General Water Quality Certification No. 4144 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) II I(D). If General Water Quality Certification No. 4144 (see attached) cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% ($285) 40% ($190) RECEIVED MAR 05 2019 DCM-MHD CITY Date Date Check From Name of Vendor Check Check Permit Rct. it Received Deposited Permit Holder Number amount Number/Comments major fee, Lot 13, 4625 Isenhour Homes Capital $ East Beach Rd., Oak Is., TM rct. 1/31/2019 LLC same Bank 1622 400.00 BrCo NO SPLIT 1622D N U > Qz WLU o 2 U g cr U O Recommendations for State Permit — Isenhour Homes 2/ 26 /2019 It is the staff's recommendation that the construction of the proposed structure is CONSISTENT with the Rules of 15 NCAC 7H.0306 (a)(5) Use Standards for Ocean Hazard Areas pending the receipt of the formal Jurisdictional Determination by the USACE. Any permit issued should include standard conditions for oceanfront development. RECEIVED MAR 0 5 2019 DCM-MHD CITY 0 NORTH CAROLINA Environmental OuaGry February 27, 2019 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo: • Isenhour Homes / Brunswick Co. Hello Angie: Please publish the attached Notice in the Saturday, March 2, 2019 issue. ROY COOPER (h),enlnr MICHAEL S. REGAN Secretary BRAXTON DAVIS Owelor. Dim", ofCwytal Mmwgemenl 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, 910-796-7427. Paying by credit card to the attention of Jarimy Springer, (Customer No.70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Support & Customer Assistance cc: MHC file Courtney Spears - WiRO Liz Hair - USACE RECEIVED MAR 0 5 2019 State of North Carolina I Environmental Quality I Coastal Management DC M-M H D CITY 127 Cardinal Drive Ext., Wilmington, NC 28405 919 7% 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On February 11, 2019Isenhour Homes proposed to construct a single-family residence with fill at 4625 E. Beach Dr., adjacent to the Atlantic Ocean in Oak Island, Brunswick County. A copy of the application can be examined or copied at the office of Tara MacPherson, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7425) 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 March 23, 2019 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 MAR 0 5 '"'19 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Isenhour Homes c/o Kim Williams (LMG) LOCATION OF PROJECT SITE: 4625 E Beach Drive, adjacent to the Atlantic Ocean, in the Town of Oak Island, Brunswick County. Photo Index — 2006: 8-6766 K-7 Latitude: 33°54'36.65"N Longitude: 78°07'04.20"W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 1/31/19 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received — 1/23/19 (initial), 2/11/19 (complete) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Oak Island Land Classification From LUP — Residential (B) AEC(s) Involved: OH 7 h1 (C) Water Dependent: No (D) Intended Use: Residential (E) Wastewater Treatment: Existing- Municipal Planned - Municipal (F) Type of Structures: Existing — Undeveloped oceanfront lot Planned — one (1) single family residence (G) Estimated Annual Rate of Erosion: two (2) feet per year Source — DCM-2013 Erosion Rate Maps HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (404) 414.8 ft2 (404) (B) Non -Vegetated Wetlands (Open water (C) Other (Upland) 3,759 ft2 (D) Total Area Disturbed: 3,759 ft2 (0.08 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No PROJECT SUMMARY: The applicant proposes to construct one (1) single family residence with associated freshwater wetland fill. RECEIVED MAR 0 5 2019 DCM-MHD CITY Town of Oak Island Page 2 9. PROJECT DESCRIPTION: The project site is located at 4625 E Beach Drive, in the Town of Oak Island, Brunswick County. To locate the project site from Wilmington, travel west on NC-1 33/US-1 7S/US-74/76W for approximately 3 miles then take the US-17 exit toward Shallotte and continue for approximately 13 miles. Turn left onto NC-906 and travel for approximately 10 miles. Then, turn left onto E Oak Island Drive and travel 2.4 miles. Turn right onto SE 401h St and travel 0.3 miles, then turn left onto E Beach Drive and travel 0.3 miles to the property of interest. The project site is bordered on the west by a vacant lot, to the east by single family residences, to the north by single family residences and to the south by the Atlantic Ocean. The site consists of one 0.17 acre parcel with an elevation of an average of 8 ft. above normal high water. Vegetation on the tract consists of native beach vegetation including Yucca (Yucca spp.), Sea Oats (Uniola paniculata), Red Cedar (Juniperus virginiana), Saltmeadow Cordgrass (Spartina patens) and Pennywort (Hydrocotyle bonariensis).). According to the application approximately 414.8 ftz of 404 Wetlands exist along the eastern edge of the property (see Survey Sheet 4 of 5). The site is currently undeveloped and no permit history could be located for the property. The FLSNV was flagged post Hurricanes Florence and Michael on 1/9/19 by DCM. The waters of the Atlantic Ocean are classified as SB by the NC Division of Water Resources (DWR). The NC Division of Marine Fisheries (DMF) has not designated this area of the Atlantic Ocean as Primary Nursery Area and the waters adjacent to the proposed project are closed to the harvesting of shellfish. The project site IS located within an area of the Town of Oak Island that undergoes beach renourishment. The erosion rate for this area is two feet (2') per year, according to the 2013 Erosion Rate Maps, creating a total Ocean Erodible Area AEC of 180'. PROPOSED PROJECT: The applicant proposes to construct one (1) single family residence with associated freshwater wetland fill. The applicant proposes to construct a single-family home on the lot, which would result in the filling of approximately 414.8 ftz of 404 Wetlands and approximately 3,345 ftz of high ground. The home would be located landward of the 60' setback from the first line of stable natural vegetation (FLSNV) and the Town of Oak Island Development Line. The proposed decking on the waterward side of the house, would also not encroach into the 60' setback from the FLSNV or the Town of Oak Island Development Line. The total disturbed area would be 3,759 W. The application states that wetlands on the property were reviewed by the USACE and the formal Jurisdictional determination is forthcoming (see Figure A signed on 2/7/19 by Gary Beecher with the USACE). 10. ANTICIPATED IMPACTS: The construction of the building would result in the disturbance of approximately 3,345 ftz of high ground and the fill of approximately 414.8 ftz of 404 Wetlands, for a total of 3,759 ftz of disturbance within the Ocean Erodible AEC. The application states that sewer and water supply services would be provided by the local municipality. The application also states that wetlands on the property were reviewed by the USACE. RECEIVED Submitted by: Tara MacPherson Date: February 26, 2019 Office: Wilmington MAR 0 5 2019 DCM-MHD CITY Project Narrative 4625 (Lot 13) East Beach Drive Oak Island, North Carolina I. Introduction The project area consists of Lot 13 located south of East Beach Drive in Oak Island, NC and adjacent to the Atlantic Ocean. The applicant plans to construct a single-family residence on the lot and will need to impact 414.8 sf of 404 wetlands. II. Existing Conditions Lot dimensions are approximately 50-ft wide by 150-ft deep (total lot area = 0.17 acre). The entire project area is located within the Ocean Erodible Area of Environmental Concern. The lot lies within the FEMA-designated VE flood zone, Elevation 12. The site is located adjacent to the Atlantic Ocean. Section 404 wetlands were delineated by staff of Land Management Group (LMG) on August 22, 2018. Mr. Gary Beecher, Project Manager for the U.S. Army Corps of Engineers (USACE), verbally approved the line during an on -site meeting on November 7, 2018. The Jurisdictional Determination has not been issued yet. The mean high water line is located approximately 70 feet to the south of the lot. One pocket of freshwater wetlands is located within the eastern part of the lot. Wetlands within the site support groundsel bush (Baccharis halimifolia), saltmeadow cordgrass (Spartina patens), bulrush (Schoenoplectus americonus), and switch cane (Arundinaria tecta). Uplands support groundsel bush, eastern red cedar (Juniperus virginiana), panic grass (Panicum spp.), and yucca (Yucca gloriosa). The freshwater wetlands located within Lot 13 appear to be manmade and are of low - quality. The project area was compacted and re -contoured during a beach nourishment project in 2001 and the subsequent removal of rock from the beach. When this work was completed, it was clear that the lots were significantly lower than the adjacent roadway. Staff of LMG performed a wetland assessment of the same 404 wetland pocket located on an adjacent lot using the NC Wetland Assessment Method. The wetland pocket rated Low. RECEIVED RECEIVED MAR 0 i' y JAN 2 3 2019 DCM-MHD CITY DCM WILMINGTON, NC III. Project Description The applicant proposes to construct a two-story, single-family home and a driveway with the lot. The home will be constructed on pilings to meet FEMA flood zone requirements and will utilize a minimum piling size of 8" in diameter. The housepad will be concrete and the driveway will be gravel. Total area of disturbance within the lot will be approximately 3,759 square feet, and the overall impervious area will be 1542.8 square feet (20.7%). Water service and sewer service will be provided by the Town of Oak Island. Standard construction methods will be used during construction of the pilings and house. IV. Environmental Impacts The applicant proposes to fill a total of 414.8 sf of freshwater wetlands for the construction of the house. The wetlands on site appear to be manmade from construction work that was conducted after a nourishment project. A wetland assessment on an adjacent lot found these wetlands to rate Low. V. Avoidance and Minimization The applicant evaluated whether wetland impacts could be minimized, but because of the small size of the lot and the location of the wetlands, there were no options to minimize impacts. VI. Mitigation Because of the low quality of the wetlands on site, no mitigation is proposed. RECEIVED MAR 0 5 2019 DCM-MHD CITY RECEIVED 2 JAN 2 3 2019 DCM WILMINGTON, NC DCM MP-1 APPLICATION for Major Development Per (last revised 12127/06) mit North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Isenhour Homes Project Name (if applicable) 4625 East Beach Drive (Lot 13) Applicant 1: First Name Garrett MI Last Name Isenhour Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed.. Mailing Address St. James Square; 4330 Southport Supply Rd. Suite 101 PO Box City Southport State NC ZIP 28461 Country USA Phone No. 336 — 409 - 7969 ext. FAX No. - - Street Address (if different from above) City State ZIP Email garrettisenhour@isenhourhomes.com 2. Agent/ContractorInformation Business Name Land Management Group Agent/ Contractor 1: First Name MI Last Name Kim C Williams Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 3805 Wrightsville Avenue; Suite 15 Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910-452-0001 ext. - - ext. FAX No. Contractor # 910 452 0060 Sheet Address (if different from above) City State ZIP Email kwilliams@lmgroup.net <Form continues on back> DECEIVED DECEIVED pp CC ''aa JAN 2 3 2019 252-808-2808 .. 1-888-4RCOAST - www MAR45tZQhanagement.net DCM-MHD CITY DCM WILMINGTON, NC Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick 4625 East Beach Drive Subdivision Name City State zip Oak Island NC 26465 - Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. L-13, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Atlantic Ocean 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 Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Oak Island 4. Site Description a. Total length of shoreline on the tract (R.) b. Size of entire tract (sq.ft.) None 7,500 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 7,500 sf, I I NWL (normal water level) (if many lot sizes, please attach additional page with a list) 4-12' ®NHW or ❑ NWL e. Vegetation on tract 404 Wetlands: Baccharis halimifolia, Spartina patens, Schoenoplectus americanus, and Arundinaria tecta. Uplands: Baccharis halimifolia, Juniperus virginiana, Panicum spp., and Yucca gloriosa. I. Man-made features and uses now on tract Undeveloped and vegetated g. Identify and describe the existing land uses adjacent to the proposed project site. Undeveloped or residential h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, if applicable) ®Yes [--]No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ENO k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ENO ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ENO ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED RECEIVED JAN 2 3 2019 252-808-2808 :: 1-868-4RCOAST :: m mr M'Natalmanagement.net DCM- V �7 IVIHH�DCM WILMINGTON, NC MHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No III) Are there coastal wetlands on the site? ❑Yes SNo (iii) If yes to either (i) or (ii) above, has a delineation been conducted? SYes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. No existing wastewater treatment facilities on site. o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. No existing stormwater treatment systems. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government SPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The applicant plans to construct one single family home and driveway on the lot. Approximately 414.8 sf of wetland fill will be needed. 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. House pad will be cleared. Fill material will be brought to the site to level the building pad out. Pilings and utilities will be installed; house will then be constructed. Equipment will be stored on upland portion of property during construction. d. List all development activities you propose. To construct one single-family house and driveway. e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? 3,759 SSq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes SNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. The applicant proposes to fill a total of 414.8 sf of freshwater wetlands for the construction of the house. Stormwater runoff will be treated per County requirements. I. Will wastewater or stormwater be discharged into a wetland? ❑Yes SNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No RNA j. Is there any mitigation proposed? ❑Yes RNo ❑NA If yes, attach a mitigation proposal. r swcnr cY <Form continues on baJk CEIVEC JAN 2 3 2019 MAR 0 5 2019 DOM 252-808-2808 :: 1-888-4RCOAST :: ww r 5�� RAI�d' �Ifi1'� gement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, it applicable, must be submitted in order for the application package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. 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. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified 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 HIM Hackney Jr. Phone No. Address 409 Edgedale Drive; High Point, INC 27262 Name Town of Oak Island Phone No. 910-278-5011 Address 4601 E Oak Island Dr, Oak Island, NC 28465 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernidee, and issuing dates. NIA h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (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 lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certiication and Permission to Enter on Land 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 certi that the information provided in this application is truthful to the best of my knowledge. Date I -4 IZei 9 Print Name m 6- lee, l - IV hut,_? — L_ nCT Signature �Jl Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED RECEIVED MAR 05 2U19 JAN 2 3 2019 252.808.2808 -. 1-888-4RCOAST -. wwwDCQIW"DnGATigement. net DCM WILMINGTON, NC a Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAIVA Major Permit, Form DCM MP-1. Be surelo complete all other sections ofthe Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose ofproposed excavation and/orfill activities. All values should be given infest. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization) Length Width Avg. Existing NA NA Depth Final Project NA NA Depth a. Amount of material to be excavated from below NhWor NAL in b. cubic yards. c. (i)Does theareato be excavated include coastal w etlandslmarsh (CVV), submerged aquatic vegetation (SAV ), shell bottom (SB), or other wetlands (AL)? If any boxes are checked, provide the number of square feet affected. ❑GW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (i) Do you claim title to disposal area? Dyes ❑No DNA (ii) If no, attach a letter granting permission from the owner ® This section not applicable d. High -ground excavation in cubic yards. ® This section not applicable d. (i) Will a disposal area be available forfuture maintenance? Dyes ❑No DNA (ii) If yes, where? e. (i) Does the disposal area include any coastal w etlands/marsh f. (CWI, submerged aquatic vegetation (SAV), shell bottom (SB), or other w etlands(WL)? B any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑ WL ❑ None (ii) Describe the purpose of disposal in these areas: (i) Does the disposal include any area in the water? Dyes ❑W DNA (ii) If yes, how much water area is affected? RECEIVED RECEIVED BAN 2 3 2019 MAR 0 5 2019 DCM WILMINGTe 252-808-2808 :: 1-888-4RCOAST :: www. nccoastal management. net revised: 1 DCM-MHD CITY Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ® This section not applicable (If de velopment is a wood groin, use MP-4 - Structures) a. Type of shorelinestabilization: b. Length: ❑ Bulkhead ❑ Riprap ❑ Breakwater/Sill ❑ Other: Width: c. Average distance waterward of N-WorNWi_: d. Maximum distance walerwant of NM or NAL: e. Type of stabilization material. g. Number of square feet off ill to be placed below water level. Bulkhead backf ill _ Riprap _ Breakwater/Sill— Other_ i. Source of fill material. f. (i) Has there been shoreline erosion during preceding 12 months? []Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought tothe site? 9Yes 0 No ONA b. (i) Will fill material be placed in coastalw etlands/marsh(OA/), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (ii) Amount of material to be placed in the water None other wetlands (WL)? B any boxes are checked, provide the number of square feel affected. (iii) Dimensions of fill area 75'x50 OCVV ❑SAV ❑SB _ (iv) Purpose of fill ®WL 4 ❑None To make a building pad for the home. (ii) Describe the purpose of the f ill in these areas: To provide adequate area to build a home. a. Flow w ill excavated or fill material be kept on controlled? Sift fencing w ill be used. c. (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. What type of construction equipment w ill be used I backhoe, or hydraulic dredge)? Pile driver; other standard construction equipment d. (i) Will w etlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will betaken to avoid or minimize environmental impacts. l' 21 h01 i Isenhour Homes; c/o Garrett Isenhour Date Applicant Name Lot 13; 4625 East Beach Drive; Oak Island Project Nacre Applicant Signature RECEIVED RECEIVED JAN 2 3 2019 252-808-2808 :: 1-888-4RCOAST:: w .nccoastalmanagement.net MAR 05 2019 DCM-MHD CITY revised: 12/26106 DCM WILMINGTON, NC Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) 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. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. 1 One single-family house on pilings and driveway c. Density (give the number of residential units and the units per acre). one unit per 0.17 acre e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ❑No ®NA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. None i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 20.6% j. Describe proposed method of sewage disposal. Tie into municipal system I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industriall commercial effluent, 'Wash down" and residential discharges). 415 sf of 404 wetland impacts, stormwater runoff will be treated per Town of Oak Island requirements. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. — 3,759 sf f. List the materials (Such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. Concrete for house pad. gravel driveway h. Projects that require a CAMA Major Development Permit may also require a Storwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ®No ❑NA (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? []Yes ®No ❑NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes ®No ❑NA If yes, attach appropriate documentation. RECEIVED 'RECEIVED MAR 0 5 2019 JAN 2 3 2019 252-808-28082:: 1-8884RCCAST:: www.nccoastalmanagement.net DCM-MHD CITi7CM WItMIN(yMR,, NC Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Town of Oak Island water supply o. When was the lot(s) platted and recorded? pre-1950 I12AI 11 Date Lot 13; 4625 East Beach Drive; Oak Island Project Name Isenhour Homes; Go Garrett Isenhour ApplEt N me Applicant Signature n. (i) Will water be impounded? ❑Yes ENo []NA (it) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ENA RECEIVED MAR 0 5 2019 RECEIVED JAN l 3 2019 252-808-2808:: 1-888-4RCOA5T:: www.nccoastalmana ement.net DCM-MHD CITYi)CM WI F,IA'rT^^tt,,�� 1] A MI n Legend Project Area — 0.17 ac Uplands — 0.16 ac (94%) Wetlands — 0.01 ac (6%) Data Points Map Source: 2012 NC OneMap Aerial Photography Lot 13, East Beach Drive Oak Island Brunswick County, NC September 2018 LM G 18.306 NOTE: This is not a survey. All boundaries and distances are considered approximate. This represents a preliminary sketch prepared from field notes. A survey of delineated areas and review and approval by the US Army Corps of Engineers is recommended prior to specific site planning. U rti.. w Emp"w4w ,4 t M id delineation map shows the wetlands on echer gulatory Project Manager 2019R A Digitally signed by ./" A r)\/ DDNE cHER US, on U.S. GoveRY rnment, .H.1052973208 con=BEECCHER.GARY H:052973208 Date: 2019.02.06 1634'.33 -05'00' • RECEIVED •` DCM WILMINGTON, NC w FEB 0 7 201E RECEIVED MAR 0 5 2019 DCM-MHD CITY SCALE 1" = 30' 4" OOLMG LAND MANAGEMENT GROUP • DASTO nmMny www.lmerouo.net 3805 Wrightsville Avenue Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 Figure A, Preliminary Upland/Wetland Delineation Sketch Esn, HERE, Garmin, © OpenStreetMap contributors, (c) OperStreetMap and contributors, Creative Commons -Share AhjE. iC@aWAG'..PY-SA) RECEIVED MAR 05 ?019 *Boundaries are approximate and are not meant to be absolute.DCM_MHD Map Source: ArcGIS World Street Map CITY to Lot 13, East Beach Drive LMG Oak Island LAND MANAhi VI%I ,.pni" Brunswick County, NC , � 4 Sheet 1 of 5 www.lmgroup.net Vicinity Map 3805 Wrightsville Avenue December 2018 Wilmington, NC 28403 LMG18.439 RECEIVED Esri, HERE, G rmin, © OpenstreetMap contributors MAR 05 2019 RECEIVED DCM-MHD CITY JAN 2 3 2019 `Boundaries are approximate and are not meant to be absolute. Map Source: USGS Southport Quadrangle 7.5 minute JCM WILMINGTON NC SCALE 1" - 500' Lot 13, East Beach Drive LMG Oak Island LAND MANAGEMENT 4 da• Brunswick County, NC "DAAFILV4 Sheet 2 of 5 www.lmgrouL).net USGS Topographic Map 3805 Wrightsville Avenue December 2018 Wilmington, NC 28403 LMG18.439 Phone: 910. 452.0001 Fax: 910.452.0060 pCM-MHD CITY RECEIVED N L:\Wetlands\LMG18.439\Maps\Mapset Boundaries are approximate and not meant to be absolute Map Source: 2016 NC OneMap Aerial Photography JAN 2 3 2019 0 25 50 100 Feet Lot 13; East Beach Drive TE'M WILMINGTON, Oak Island L11�YY/11� Sheet 3 of 5 Brunswick County, NC I AND MANAGEMENT GROUP Aerial Photograph with onverf company Tax Parcel Boundaries and December 2018 3805 Wrightsville Avenue Ownership Information t9io> LMG # 18.439 Wilmington0), NC 4e2-00 01 P VICINITY MAP - ATLANTIC OCEAN NOT M SCALE ATLANTIC .00EAN MAR 0 5 2019 w DCM-MH[3 Q W ESCAARPuErTrr°E �4.rt EAST BEACH DRIVE N NOTE: THIS PROPERTY LIES WITHIN THE C.A.M.A. OCEAN ERODIBLE AREA OF e ENVIRONMENTAL CONCERN. a_ AST DOLPHIN DRIVE E`^ 12.3't •,�=RIDGE OF OUNEi IR' FIRST LINE OF STABLE VEGETATION _j (FLOSV) 1: SEED & STRAW ALL DISTURBED AREAS FLAGGED BY A CAMA 2: ONE (1) TREE TO BE 15' IN HEIGHT OR OVER TOWN OFFICAL,—,.. AT MATURITY MUST BE PLANTED OR REMAIN AFTER'g) CONSTRUCTION PER EACH 1450 SF. OF LOT AREA. 6.7': 3: ONE 9' X 18' PARKING AREA MUST BE PROVIDED ON THIS PROPERTY PER HABITABLE ROOM MINUS ONE COMPLETELY OFF OF THE STREET RIGHT-OF-WAY. LOT AREA = 7500.0 SF TOTAL IMPERVIOUS AREA 15 i 14 0 (1542.8/7500.0)100=20.6R I 6 AREA & RETENTION CALCULATIONS 1=(410.3 SF X 1.5)/12=51.3 CF/1.76=29.1=30 LF EZFLOW 2=(386.3 SF X 1.5)/12=48.3 CF/1.76-27.4=30 LF EZFLOW 3 3=(368.3 SF X 1.5)/12=46.0 CF/1.76-26.2=30 LF EZFLOW 4=(377.9 SF X 1.5)/12=47.2 CF/1.76-26.8=30 LF EZFLOW— — _O TOTAL VOLUME TO BE RETAINED=192.8 CF I j'--�U'} 1 �/ 414.8 SF OF V NOTE: SILT FENCE & CONSTRUCTION I WETLAND TO ENTRANCE TO BE PER TOWN OFF RECEIVE FILL OAK ISLAND STANDARD DETAIL OR I 3��4 APPROVED EQUAL ESTABLISH VEGETATIVE ATTACH 60 NSPOUTS TYP TO 1203H EZFLOW COVER ( ) CONFIGURATION WITH _ 12" NATIVE FILL 4" PERFORATED PIPE— —� 5.0' FROM FOUNDATION ENCAPSULATE \ OM PILINGS WITH EROS ON CONTROL ON IRF N N -� --1"'—`�-1 a 12" EZtlow 3.0' 3:0 2.0 BUNDLE GEOSYNTHETIC (NON LOAD BEARING) 4625 AGGREGATE 1 203 H EZFLOW DETAIL uIA- CM TAOI r N 74'23'00"' W 50.00' 20' MBL — .. — .. =I Ia o� 12 ci .6QSSETBACIL .. 7 .. _� -_ . — . � FROM F1-OSV) 1 FROM (FL I1 x.0 3.7't I I I oO b o12.0 0 0_ � I 9.0 1 2 STORY3771 z '.ABLE R00 ESIDEN E' I I F UNDAT oq, x x 1995 STATIC, 1 'o 4 VEGETATION LINE I L 4 't 7• . 9 15 L� 1 x 0 SSCo IRS LiGi%c-T%/L'R � -'- - '\PERVIOUS/' """ - O GRAVEL 00' SSNN JAN G 3 2019 S 74'23'00" E EAST B EACH"" I CN, Nc 6.2't 6.4't 6.5't W J W W Z w 00 J a W WO VO �j Q� Npa W mUKU �5_ 000 Omo O O PROFILE SCALE: VERTICAL: 1 IN.=10 FT. / HORIZONTAL: 1 IN.=40 FT. - - - - - - EXISTING GRADE FINISHED GRADE RECEIVED DCM WILUINGTON, NC FEB 1 12019 � m m SHEET 5 of 5: Cams Section Drawing a ZOW �—,z NISHED CONCRETE 4D 7.0' PROFILE SHEET 2 OF 2 TAX PARCEL # 2490FO'5 FOR: ISENHOUR HOMES LOT 13 BLOCK 11, SECTION 2 LONG BEACH OAK ISLAND, SMITHVILLE TOWNSHIP BRUNSWICK COUNTY, NORTH CAROLINA VCS & CO., INC. C-2160 1 YAUPON WAY OAK ISLAND, NO TELE. (704) 361-1557 FAX. (910) 278-4827 ;:-_- � . . I- - . -- i ,'. t7- , , AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: Phone Number: Email Address: I certify that I have authorized Mr. Garrett Isenhour; Isenhour Homes St. James Square; 4330 Southport Supply Rd. Suite 101 Southport, NC 28461 (9101363-1620 garrettisenhour@isenhourhomes.com Land Management Group Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: construction of single-family residence on pilings at my property located at 4625 (Lot 13) East Beach Drive; Oak Island, NC in Brunswick County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: v ' Signature 7 .Ili . Name Vie - Iz Dale This certification is valid through / 4 /1 / 17 RECEIVED MAR 05 2U19 DCM-MHD CITY RECEIVED JAN 2 3 2019 DCM WILMINGTON, NC If Complete hems 1, 2, and 3. A ■ Print your name and address on the reverse X so that we can return the card to you. ■ Attach this card to the [tack of the mailplece. L or on the from If space permits. —Twit of 04 k1-1 DAL Ir(a�A, ^)t- '2WW IIIIIIIII IIII IIIIIIIIIIIIIIIIIIIIIIIII IIIIIII III 9590 9402 1614 0053 4485 32 7005 1820 0002 9135 7804 Ps Forth 3811. July 2015 P3N 7630.02-000.9063 ■ 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 mailpkace, or on the from If soace permits. �oq Ed3ydxhe �- . foA NG PIP IIIIIIIII IIII I'IIIIIIiIII'IIIII III'III II III III 9590 9402 1614 6053 4485 49 1820 0002 9135 7798 j PS Forth 3811, July 2o16 P3N nw-ce-oD0.9063 D. Is delivery ad If YES, enter ❑ Agent ❑ Addre d Name) C. its of Deli f �\ Ifferent flan Item 1? 0 Yee ry address below: ❑ No Type ❑ Priority Mall Ewpress® at" ❑ Regletew Mello" atom Restdcled Dellvery ❑ Reeggl6lared Mall RBeGldetl Ial D Dellvery kll Reetlded DeMery DRolam Reculplfar call, Merchandise IMavmy ReeMdae Daeny ❑ sbneture CoMnaoflon' lil Q Slonalum Conllrmallon ul Reetrlded Dellvery Restricted Delivery Domestic Return Receipt X 'J G/ — It t a imam,. Y` ❑ Addressee B, ReceIived by�iiNadly/rasJ C.Dote of Delivery M F:r]c FCMtl r r % J--u-'9 D. fadellveryeddleasdMerentfrom hem[? Dyes If YES, enter dttltmry address below: 13 No S. Samoa Type ❑ Rbrity Mall Exprossa9 ❑Adult Signature ❑ Regislerod Mailam CI Md ' SlBna'w Rosldded Doilvety ❑ neepglstemd Mail Restrided 111'Godifled Main)DolMery ❑ 2.91lled Mal Ra6R{ed plenary Dma,,m Renetnrrn. ❑ tolled on Doll ❑ Collation DaNeryRn6bted Delivery � ❑ Insured Mal D Imuled Mal ReWbOatl poll Domestic Rats RECEIVED MAR 0 5 2019 DCIVI_MHD CITY RECEIVED DCM WILMINGTON, NC FEB 0 5 2019 LMG LAND MANAGEMENT GROUP a DAVEY# company January 21, 2019 TO: HM Hackney Jr. 409 Edgedale Drive High Point, NC 27262 RE: Required Notification Lot 13; 4625 East Beach Drive; Oak Island (Brunswick County), NC CAMA Major Permit Application Dear Mr. Hackney: This letter serves to notify you of a proposed project within Lot 13 off of East Beach Drive in Oak Island, NC. Isenhour Homes has submitted a CAMA Major Permit application to the NC Division of Coastal Management (DCM) requesting authorization to construct a single-family residence within the lot. As an adjacent riparian property owner to the project, you are required by the permit application process to be notified. A copy of the CAMA permit application (narrative, application forms, and figures) as it has been submitted to NC DCM is enclosed. If you have no objections to the project, please indicate on the enclosed form and return to Ms. Tara MacPherson, NC DCM, 127 Cardinal Drive Ext., Wilmington, NC, 28405. Any written objections can also be directed to Ms. MacPherson, NC DCM, 127 Cardinal Drive Ext., Wilmington, NC, 28405. No comment within 30 days of receipt of this package indicates no objection. I am happy to answer any questions you may have regarding the enclosed materials and can be reached at 910-452-0001. Sincerely, Kim Williams Land Management Group (agent) Encl. cc: Tara MacPherson, NC DCM Garrett Isenhour, Isenhour Homes RECEIVED MAR 0 5 2019 DCM-MHD CITY RECEIVED JAN 2 3 2019 DCM WILMINGTON, NC www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15; Wilmington, NC 28403 _ LMG LAND MANAGEMENT GROUP a DAVEY1 company January 21, 2019 TO: Town of Oak Island 4601 East Oak Island Drive Oak Island, NC 28465 RE: Required Notification Lot 13; 4625 East Beach Drive; Oak Island (Brunswick County), NC CAMA Major Permit Application To Whom It May Concern: This letter serves to notify you of a proposed project within Lot 13 off of East Beach Drive in Oak Island, NC. Isenhour Homes has submitted a CAMA Major Permit application to the NC Division of Coastal Management (DCM) requesting authorization to construct a single-family residence within the lot. As an adjacent riparian property owner to the project, you are required by the permit application process to be notified. A copy of the CAMA permit application (narrative, application forms, and figures) as it has been submitted to NC DCM is enclosed. If you have no objections to the project, please indicate on the enclosed form and return to Ms. Tara MacPherson, NC DCM, 127 Cardinal Drive Ext., Wilmington, NC, 28405. Any written objections can also be directed to Ms. MacPherson, NC DCM, 127 Cardinal Drive Ext., Wilmington, NC, 28405. No comment within 30 days of receipt of this package indicates no objection. I am happy to answer any questions you may have regarding the enclosed materials and can be reached at 910-452-0001. Sincerely, 1� N Kim Williams Land Management Group (agent) Encl. cc: Tara MacPherson, NC DCM Garrett Isenhour, Isenhour Homes RECEIVED MAR 0 5 2019 DCM-MHD CITY RECEIVED JAN 2 3 2019 DCM WILMINGTON, NC www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15; Wilmington, NC 28403 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to property located at Isenhour Homes ( Lot 13; East Beach Drive (Name of Property Owner) I (Address, Lot, Block, Road, etc.) on Atlantic Ocean in Oak Island N.C. (Nearest Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) Please see enclosed application materials. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, 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. I do not wish to waive the 15' setback requirement. (Property Owner Information) Signature c/o Garrett Isenhour Print or Type Name 433 0 Sni�thznrt .RI'la lTuite Mailing Address Southport, NC 28461 City/state2ip Telephone Number/email address 21 Dec 2018 Date (Adjacent Property Owner Information) Signature* RECEIVED Print or Type Name 101 MAR 0 5 2019 Mailing Address `Valid for one calendar year after signature` city/state2ip CM-MHD CITY Telephone Number/email address Date RECEIVED (RevisedA�. k34�019 DCM WILMINGTON, NC 411HG 3ECEIVED OFFER TO PURCHASE AND CONTRACT - VACANT LOTILAND MAR 0 5 ? 19 [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 perso t ave 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). rU1 varuame wnsmeratron, me receipt ana 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": Heirs of W. Lee Hewett (b) "Buyer": Isenhour Homes or assigns (c) "Property": The Property shall include all that real estate described below together with all auourtenances thereto includinn 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 2AI I-T) with this offer. atreetnaaress: woca a neacn urive City: Oak Island Zip: 28465-8044 County: Brunswick , North Carolina 1 nU I r.: tiovernmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown. Legal Description: (Complete ALL applicable) Plat Reference: Lot/Unit 13 Block/Section 11 Subdivision/Condominium 2 LB , as shown on Plat Book/Slide 1 at Page(s) 99 The PIN/PID or other identification number of the Property is: 249DF015 Other description: L-13 B-11 3-2 LS PLAT 1/99 Some or all of the Property may be described in Deed Book (d) "Purchase Price": at Page $ 250, 000.00 paid in U.S. Dollars upon the following terms: S BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date. $ 2,500.00 BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph I(f) by ❑ cash ® personal check ❑ official bank check ❑ wire transfer, 0 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 I(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). S BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A54). $ 247,500.00 BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan). This form jointly approved by: Page 1 of I 1 STM 12-T North Carolina Bar Association C C ��iMSLb 7/2018 RERITOR® North Caroline Association of REACTORS®, Inc. �a P ®7/2016 1 'J} WVOPNNIY Buyer initials .+ Seller initials{ r� 80P JAN 2 3 2019 An SYiPper Rnlry. n2Caunay ClW Dr OeI WeM NC 28465 Phr 910-20-333< Fay 5(Y"X-tl910 e325 E REACH DRIVE 1cim Skipper AMawn Prodicetl wiN npFam®by ipLogiz 1B0]O FiRean Mib RoaE, Fraser MiNipen agp26 yggq,� DCM WILMINGTON, NC 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, 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 as liquidated damages and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 2(c) and 2(d) for damage to the Property or Seller's right to retain the Due Diligence Fee. It is acknowledged by the parties that payment of the Earnest Money Deposit to Seller in the event of a breach of this Contract by Buyer is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment of the Earnest Money Deposit to Seller shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, both parties acknowledging the difficulty determining Seller's actual damages for such breach. If legal proceedings are brought by Buyer or Seller against the other to recover the Earnest Money Deposit, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. (f) "Escrow Agent" (insert name): Randall Perry Attornev VOTE: 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. rttn PAK I lbbAUKEE THAT AREAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE THE EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH, (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(m) 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, Q) "Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. on December 21 2018 17ME BEING OF THE ESSENCE. Page 2 of I I RECEIVED 'S ORM 12-T MbYfiP §4A 7/20te Buyer initials Air Seller initials :g.�F &C"> 0 7/20I8 Produced ZQFo bVZ*Lopu IN70FM MhR.d,Freaer.M',tlFg.490n ,M.,..>,o,o•..,ACM WILMINGTON VCncrt Kit a:l v situ 2. MAR 0 5 (it) "Settlement": The proper execution and delivery to the closing attorney of all �QSt�Smjst �s�aryt[q/complete the transaction contemplated by this Contract, including the deed, settlement statement, deed of tru 1++�dliHhtTTtt��''f� oan or conveyance documents, and the closing attorney's receipt of all funds necessary to complete such transaction. (I) "Settlement Date": The patties agree that Settlement will take place on , „ d got o (the "Settlement Date"), unless otherwise agreed in writing, at a time and place designated by Buyer. (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 delaved under Pamnh I n Ma1— ; ce ,e___., .__:_ 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 REALTORSZ that all buyers should hive an attorney licensed in North Carolina to perform a closing. /nl "Q .et A�..e....-_..._ -- — — w • ' - ....W s1 «1= rroperry oy 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 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 aze addressed in paragraphs 4(a) and 6(k). —, - r.... uV� rKULENS: 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. 1"j U"yc,, er nuyer s expense, shall be entitled to pursue qualification for and approval of the Loan if anv NOTE: Buyer's obligation to purchase the Property is not contingent on obtainLan. 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, l"i _,opmy 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: Page 3 of I I a J S "6* f sGI SRf�6�i�M t018 Buyer initials K%' Revised 712018 Seller initials �� JAN 2 3 201�' 7/2018 PmEu Wdh zipFgmm by ziptagix 19070 Fd "e Mile a .d, Fraser. Ki i,.n am2, vnvw 4325 E BEACH DCM WILMINGTON, NC (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, title or regulation that may prohibit, restrict or limit Buyers 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, stormwater 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 resoonsibiliry for maintenanre and the ev:ete«ee to ....a or any maintenance 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 is subject to the Statute, consult a NC real estate attorney. (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. (f) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 3. BUYER REPRESENTATIONS: CC ����ppnI� (a) Loan: Buyer ® does ❑ does not intend to obtain a new loan in order to purchase the Property. Iti�rIpyiaRting a new loan, Buyer intends to obtain a loan as follows: ❑ Conventional M Other: Construction loan a Page 4 of 1 t _trJ S S7 2R%M6ielyl 12-T Buyer initials �Ti Seller initials 0.�1x laU Revised 7/2018 S Rotlucetlw r��.VFm by vpe.Lo,a 10070Fi Mile R.d. Fraser, Midigen46026 wwrvzioi Dort rvm DCM WILM IN GTO�,p�` n1�Y8 ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of for a term of year(s), at an initial interest rate not to exceed /a 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 anew loan. r-• v- -r=• u uurs lei Ones not nave 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. _I -----.... „ .r=• a rwaucml vmrganons: to the best of Buyer's knowledge, there are no other circumstances or conditions existing as of the date of this offer that would prohibit Buyer from performing Buyer's financial obligations in accordance with this Contract, except as may be specifically set forth herein. 4. BUYER OBLIGATIONS: (a) Responsibility for Proposed Special Assessments: Buyer shall take title subject to all Proposed Special Assessments. (b) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to: (i) any loan obtained by Buyer, including charges by an owners association and/or management 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 future use and enjoyment of the Property, including, without limitation, working capital contributions. membership fees, or charges for Buyer's use of the common elements and/or services provided to Buyer, such as "move -in fees"; (iii) determining restrictive covenant compliance; (iv) appraisal; (v) title search; (vi) title insurance; (vii) any fees charged by the closing attorney for the preparation of the Closing Disclosure, Seller Disclosure and any other settlement statement; (viii) recording the deed; and (ix) preparation and recording of all instruments required to secure the balance of the Purchase Price unpaid at Settlement. (c) Authorization to Disclose Information: Buyer authorizes the 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. RECEIVED MAR 0 5 2019 a there El pCM-MHD CITY (b) Assessments: To the best of Seller's knowledge ® are not any Proposed Special Ass ssments. If any Proposed Special Assessments, identify: Seller warrants that there ❑ are ® are not any Confirmed Special Assessments. If any Confirmed Special Assessments, identify: Seller to PaY sewer assessment which was held in abatement 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' Associatiou(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 Buyer initials k'r Page 5 of 1 I M6�4h Seller initials-1QqF7-----ul:'V— Fotlu wM ZOWflO by ziptoyv 18070 Fifteen MM Rwd. Fro , Ki igan 480M m z Lon S 12-T CM7/2018 ® 7/2018 JAN 13 U EBEACH ___ DCM WILMINGTON, NC Addendum For Properties Exempt from Residential Property Disclosure Statement (Standard Form 2A 12-T) shall be completed by Seller, at Seller's expense, and must be attached as an addendum to this Contract. (d) Sewage System Permit: ( 0 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 Penn it hereto.) 6. 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 stains 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 attorneys 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). (c) Access to Property: 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 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. 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. (a) xemoval 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 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. (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 Page 6 of I 1 S'✓j STAN ORM 12-T Buyer initials k%% PS REC�Iisea 7/2018 Y Seller initials ® 7/2018 Ro d w x Fa by zop . M70 F� MYe R.d, F..e . Mitlngan C M www zinc oa„ cam J AN 23 201%25 E BEACH _ CEIVED the Property, except: ad valorem taxes for the current year (prorated through the date of Settlement); utility easetdena and unviolated covenants, conditions or restrictions that do not materially affect the value of the Property; an other other liens, encumbrances or defects as may be assumed or specifically approved by Buyer in writing. The Property must h'34L' Nhis s V1i `Adblic 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 aarag aoh. 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: Isenhour Homes or assigns W Agreement to Pay Buyer Expenses: Seller shall pay at Settlement S o . 0 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. Q) 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 a proposed sale of the Property. (k) Payment of Confirmed Special Assessments: Seller shall pay, in full at Settlement, all Confirmed Special Assessments, whether payable in a lump sum or future installments, provided that the amount thereof can be reasonably determined or estimated. The payment of such estimated amount shall be the final payment between the Parties. (1) Late Listing Penalties: Ail property tax late listing penalties, 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, W 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 Setter 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 provided, the following items shall be prorated through the date of Settlement and either adjusted between the parties or paid at Settlement: (a) Taxes on Real Property: Ad valorem taxes and recurring governmental service fees levied with such taxes on real property shall be prorated on a calendar year basis; (b) Rents: Rents, if any, for the Property; (c) Dues: Owners' association regular assessments (dues) and other like charges. 8. CONDITION OF PROPERTY AT CLOSING: 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 Page 7 of 11 _.:� S's' g 12-T Buyer initials �tf Seller initials ���L? I t I �% 12018 Protlucetl v WFrn V by ziptopa 18070 Fifteen Mie Rove, F-1. Mid ,g a 026 www.�tn�m. c..�.. J A N r 3 299 E BEAC14 ---- ---- ------------- - - -- -.... _.... - - - - - --- .. DCM WILMINOTO-Nr NC -- 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 Patty 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. 11. 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. 12. 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 2A1 I-T) ❑ Owners' Association Disclosure And Addendum For Properties ❑ Additional Signatures Addendum (Form 3-T) Exempt from Residential Property Disclosure Statement (Form 0 Back -Up Contract Addendum (Form 2A1-T) 2Al2-T) ❑ Contingent Sale Addendum (Form 2A2-T) ❑ Seller Financing Addendum (Form 2A5-T) ❑ Loan Assumption Addendum (Form 2A6-T) ❑ Short Sale Addendum (Form 2A 14-T) ❑ Identify other attorney or parry drafted addenda: NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT ADDENDA TO THIS CONTRACT. �w,vilrrmn r a: t ms tontract may not be assigned without the written consent of all parties except in connection with a tax - deferred exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs and successors. 14. TAX -DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non -exchanging party shall not assume any additional liability with respect to such tax -deferred exchange. Buyer and Seller shall execute such additional documents, including assignment of this Contract in connection therewith, at no cost to the non -exchanging party, as shall be required to give effect to this provision. 15. PARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 16. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 17. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTORS or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. 18. 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 Page 8 of I I C§LTS ON'NOlONIMIM WOCJ STANDARD FORM 12-T Buyer initials RttS2 u N 9� Q Revised 7/2018 y Seller initials c, Ndl ® 7/2018 Prbd d with apFq 6 by zip[_Wn 16070 Fifteen Mile Road, Fra . Michigan 48026 wawa_ (73AI333a 4325 e sEactt ON 'NOIDNINIIM WOC 61OZ £ Z NGr WIRE FRAUD WARNING E SENDING ANY WIRE, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO VERIFY THE JCTIONS. IF YOU RECEIVE WIRING INSTRUCTIONS FOR A DIFFERENT BANK, BRANCH LOCATION, ACCOUNT OR ACCOUNT NUMBER, THEY SHOULD BE PRESUMED FRAUDULENT. DO NOT SEND ANY FUNDS AND CT 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 CLOSING ATTORNEY'S OFFICE TO PROVIDE THE WIRE INSTRUCTIONS. THE WIRE INSTRUCTIONS SHOULD BE VERIFIED OVER THE TELEPHONE VIA A CALL TO YOU INITIATED BY THE CLOSING ATTORNEY'S OFFICE TO ENSURE THAT THEY ARE NOT FROM A FRAUDULENT SOURCE. WHETHER YOU ARE A BUYER OR A SELLER, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE AT A NUMBER THAT IS INDEPENDENTLY OBTAINED. TO ENSURE THAT YOUR CONTACT IS LEGITIMATE, YOU SHOULD NOT RELY ON A PHONE NUMBER IN AN EMAIL FROM THE CLOSING ATTORNEY'S OFFICE, YOUR REAL ESTATE AGENT OR ANYONE ELSE. NOTICE 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. RECEIVED BUYER NOTICE ADDRESS: SELLER NOTICE ADDRESS: MAR O 5 Z019 Mailing Address: Buyer Fax#: Mailing Address: y Seller Fax#: Buyer E-mail: Toddieenho eisenhourhomea.com Seller CONFIRMATION OF AGENCY/NOTICE ADDRESSES Selling Firm Name: Art Skipper Realty Acting as Buyer's Agent® Seller's (sub)Agent ❑ Dual Agent Firm License #: C6843 Mailing Address: 112 Country Club Dr, Oak Island, NC 28465-8313 Individual Selling Agent: Kim skipper Anderson ❑ Acting as a Designated Dual Agent (check only if applicable) Selling Agent License #:142880 Selling Agent Phone#: (910) 278-6730 Selling Agent Fax#: (800) 278-8916 Listing Firm Name: art Skipper Realty Inc. Acting as ® Seller's Agent ❑ Dual Agent Finn License #:C6843 Mailing Address: 112 Country Club Dr, oak Island, NC 28465 Individual Listing Agent: Kim skipper Anderson ❑ Acting as a Designated Dual Agent (check only if applicable) Listing Agent License #:142880 Listing Agent Phone#: (910) 278-6730 Listing Agent Fax#: (800) 278-8916 Selling Agent E-mail: ki".takipp... Listing Agent E-mail: KiwlA tskipper.ccm Page 10 of I l _ KVA* STANDARD FORM 12-T Buyer initials eri Seller initials A 4- I4 n/ S Revised 7 /2018 RECEIVED /2018 - Praeu w xipFa by ZiPLe 18070 Fifteen We n086, Frazer, MiGii0an G802G vnnv roL oox mm 4325 EBEACH JAN 2 3 2019 DOM WILMINGTON, NC 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 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. Seller and Buyer agree that the "Notice Information" and "Acknowledgment of Receipt of Monies" sections below shall not constitute a material par 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. 20. 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. THE NORTH CAROLINA ASSOCIATION OF REALTORSO, 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: Date: Buyer = . r La 11/06/2018 17:14:43 Seller Isenhour Homes or assigns He>_ra bf W. Lee [jHwett Date: Bkm- v C _ "rry°'w�kpw Buyer K Seller ZP Entity Buyer: Entity Seller: (Name of LLC/Corporation/Partnership/Trusdetc.) (Name of LLC/Corporation/Pattnership/Trust/etc.) By: By: Name: Name: Title: Title: Date: Date: Page 9 of I I ST� I -T d 7/2018 ® 7/2018 Produ wiNMPFa ObYtPLogix IW70 Fill n Mile Road, Fmw. MiOiiga QM6 JAN 2 3 419 5E BEACH UCM WILMINGTON, NC ACKNOWLEDGMENT OF RECEIPT OF MONIES Seller: Heirs of W. Lee Hewett ("Seller") Buyer: Isenhour Homes or assigns ("Buyer") Property Address: 4625 H Beach Drive, Oak island, 28465-8044 ("Property") ❑ LISTING AGENT 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 S , receipt of which Listing Agent hereby acknowledges. Date: Firm: Art Skipper Realty Inc (Signature) Kim Skipper Anderson (Print name) ❑ SELLER 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 S , receipt of which Seller hereby acknowledges. Date: Date: Seller: (Signature) Heirs of W. Lee Hewett 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 S . Escrow Agent as identified in Paragraph 1(f) of the Offer to Purchase and Contract hereby acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terns of the Offer to Purchase and Contract. Date: Perm: _ _ Randall Perry Attorney By: (Signature) (Print name) ________________________________________________________ El ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF (ADDITIONAL) EARNEST MONEY DEPOSIT 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 Escrow Agent of an (Additional) Earnest Money Deposit in the amount of S Escrow Agent as identified in Paragraph 1(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: Time: ❑ AM ❑ PM Firm: Randall Perry Attorney By: (Signature) Page I I RFICEIVED (Print name) MAR 0 5 2019 Producedw Z*Fw ObYvaOg&taWDFMI Mil.Rod.Fres M iganda DCM-MHD CITY SPMENJatM 12-T Revised 7/2018 JAN 2 3 20 7l2018 4325 E BEACH DCM WILMINGTON, NC RECEIVED ,! ^,.N 2 3 2019 JCM WILMINGTON, NC CAROLINA LATE, ISO. TO I DM 0y CONVRYANOR THIS DAM Executed this 3rd day of emvemmer, 2942 between CAROLINA LNDN )TIC st pa, ands. L.THovetttgandxed Arm. Wert Hewett,ws Oofthe Southport,tWorrth Carolin ,'portionOof the sMisonA M part, WrTNESSETHsDolly That Cot party of the ofirstnsid part, for and r consideration a of the ■eon of Teo those son Dollars and other valuable d convey, unto has ald almed$pantie mold and sonveyeds aped by tires par .assign bees foe simple, sell and convey, unto the Bald parties of the Second part, their heirs and assigns in tee simple, forever, the following piece, parcel or lot of land, more apeclflOa sly described as follows, to -wits All that lot or parcel of land on Long 3eaeb in drannlok County, North Caroline known as bt No. Thirteen (13), Block Eleven (11), Section 2, as the coma appears on a plat of a subdivision of property on Long Beach by Prank E. Lwranc es Lngineer, date •arch 18, 1939, and recorded In gap Book of Aap., page 900 T, B, h 9, in the 'ffice a the Register of Deed. of Brunswick County, the said lot having the metes, bounds and location ahem M the amid plat. TO HAVE AND TO HOLD the some, together with all the parties of the second pances rt, thareunto belonging or in anywise appertaining, unto the said parties of the second part, their heirs and assign.. in fee simple, forever. And the party of the first part and its successors covenants and egress to and with said parties of the second part, their heirs and assigns, that it is the coner end Is asked of said promisee in fee simple; that it hoe the right to convey the sees in fee simplel that the said promisee are free and clear of all encumbrances, and that It does hereby forever warrant and will forever defend the title to the some against the lawful claims Of all persons whom. cover. It I. covenanted and agreed between the parties that the property herein convoyed and described 1s sold and conveyed subject to the following restrictions upon the use thereof, which restrictions are to be construed as covenants running with the land for w period of twenty-five (25) years from Janucry lets 1938s and no longer, and that one or more Of these covenants may be abrogated or modified by • duly recorded instrument In writing executed by the grantor of the party s' the first part end by the party of the first part and by the parties of the second part and by any subsequent sue seems in title of the partial of the second part. (a) The said property shall not be sold to, or owned by a person other than a member of the white or Caucasian race, and no member of its negro race for the said period of time shall dwell upon the said property, except that nothing herein shall prevent any owner of the amid property or any part thereof from malntalnl ng thereon neero house servants. (b) Thera shall be no discharge of or disposal of sesames, refuse or waste from the said property into, or upon or in the direction of the ponds and oarshom lying to the northward of the said property. (a) No unsanitary condition shall be maintained upon the said property that will or might endanger the Moth of persons dwelling thoraces or the health of persons dwelling nearby. (d) That no firearm shell be discharged from soy pleas in or On maid proparty, except for the purpose of enforcing the lawow or preventing the eonmiseion of crime• LN WITNESS WHEREOPs the maid party of the first part has caused these presents to be signed in its name by its President and its Corporate seal to be hereto affixed and attentod by its Secretary. in accordance with its By -lama made and provided, this the day and data first bye CAROLINA IAM15, INC. (SEAL) O E. P. 'iddleton As Frealdent STATE OF NORTH CAROLINA COUNTY OF NEW HOOVER This 3rd day of October, A.D., 1942, personally cams before Swan Cerr, Notary knolls in and for the Stata of North Carolina, County of New danover, Inez Drake, who being duly seems says that she knees the common seal of the Carolina lands, Ina., and Is aaq Mlnted with E. P. sslddletons she Is the Prasldept of the said Corporations and that Shea the slid Inez Drake, Is the Secretary of the =I?[ Corporations and that she, the maid some Nrkes Secretary as aforeesid, affixed the said seal to the said instrument and that she the said Inez Drake signed Mr name in attestation of the execution of the as Id instrument in the presence ;I said President of said Corporation. WITNESS NY HAND AND NCTARIAL SEAL this the 3rd day of eovsaoer, A.D., 1942. Commission Expires 2/l/43 STATE OF NORTH CAROLINA BRUNSWICE COUNTY Susan Carr ("otary Seal) Notary rubllc The foregoing eertlfioate of buaan Carr, a Notary Public of Low hanover,County, and to of North Carolina, Is adjudged to be.00rract. Let the Instrument, with the certificates registered my band, this the 4 day of Nov., 1942. S. J. Holden Deputy Clark Superior Court for registration on the 4 day of Nov. 1942 at 2 P.R. and duly recorded. - - - - - - - — :^'J+.�-/. JJ'4-di/�Regietsr Or Deeds 05 2019 HD CITY 2019 NC _ LMG LAND MANAGEMENT GROUP a DAVEY1. company January 21, 2019 TO: Ms. Tara MacPherson Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: CAMA Major Permit Application Lot 13; 4625 East Beach Drive; Oak Island (Brunswick County), NC Isenhour Homes, Applicant Dear Ms. MacPherson: On behalf of Isenhour Homes, please find enclosed the application materials for a CAMA Major Permit. The applicant proposes to construct a single-family home on pilings within the lot. For purposes of review and permit processing, please find the attached information: 1. Project Narrative 2. Forms DCM MP-1, 2, and 3 3. Signed Agent Authorization & AEC Hazard Notice 4. Sheet 1: Vicinity Map 5. Sheet 2: Topographic Map 6. Sheet 3: Aerial Photo of Site 7. Sheets 4-5: Plan View and Cross Section of Proposed Development 8. Property Deed & Contract to Purchase 9. Permit Fee check in the amount of $400.00 Adjacent riparian notifications, including Items 1-7 listed above, have also been mailed via LISPS. Certified mail receipts of the adjacent riparian notification will be forwarded to you as soon as they are received by LMG. Thank you for your assistance with this project, please contact me if you have any questions. Sincerely, Kim Williams Environmental Scientist Enclosures Cc: Mr. Garrett Isenhour, Isenhour Homes RECEIVED MAR 0 5 2019 DCM_MHD CITY RECEIVED 11 aN 2 3 2019 DCM WILMINGTON, INC www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3905 Wrightsville Ave., Suite 15; Wilmington, NC 28403