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23-18 Minor Mod 2019 Hale & Brooks
Permit CAass MODIFICATION/ MINOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vem t"t for Permit Number 23-18 RECEIVED APR 3 0 2019 DCM-MHD CITY X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Susan Hale & Laurel Brooks, PO Boa 348, Rocky Point, NC 28457 Authorizing development in New Hanover County adj. to AIWW, at 221 Summer Rest Road, Wilmington , as requested in the permittee's application letter dated Ol/17/19, including attached workplan drawings (2), 1-2 of 2, both dated 01/17/19. This permit, issued on Apr1112, 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 ie subject to tines, imprisonment or crvu action; or may cause me permit to be nuu and void. 1) Unless specifically altered herein, this Minor Modification authorizes the reconfiguration of the authorized community docking facility and reduction in authorized dredge footprint, all as expressly and specifically set forth in the attached email, 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. 2) In accordance with commitments made by the permittee and to satisfy concerns raised by the City of Wilmington, the proposed gazebo is hereby deleted. (See Attached Sheet 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, 2021 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. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Hale &•Brooks ADDITIONAL CONDITIONS Deed Restriction Permit No. 23-18 Page 2 of 2 3) This modification and the earlier permit (CAMA Major Permit No. 23-18) authorize the development of a community boat dock on one parcel of land called Tract 2 ("Tract 2" or PID# R05704-003-003-000) as described in Deed Book 5697, Page 1256 of the New Hanover County Registry. At this time, Tract 2 has an approximate shoreline length of 283' at Normal High Water. The community boat dock as authorized in this modification totals 960 square feet of platform area. Rule 15A NCAC 7H .0208 (b)(6)(B) authorizes total platform area based on the length of a riparian property's shoreline to 8 square feet of platform per linear foot of riparian shoreline. Under this modification, 120' of shoreline have been allocated for the 960 square feet of platform area. In order to ensure consistency with this requirement, andin accordance with commitments made by the permittee, a deed restriction shall be placed on Tract 2 allocating 120' of shoreline of this lot to the authorized community docking facility. This deed restriction shall be recorded with the New Hanover County Register of Deeds, and copies of the recorded deed(s) provided to the Division of Coastal Management, prior to the initiation of any construction. General 4) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 5) This Minor Modification shall be attached to the original of Permit 23-18, which was issued on 03/13/18, and copies of both documents shall be readily available on site when Division personnel inspect the project for compliance. 6) All conditions and stipulations of the active permit remain in force under this Minor Modification unless specifically altered herein. NOTE: This permit does not convey any rights, either in real estate or material. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers assigned the project Action ID No. SAW-2018-00111. NOTE: The N.C. Division of Water Resources assigned the project DWR Project No. DWR-2018-0093. NOTE: A minor modification application processing.fee of $100 was received by DCM for this project. platform area in the proposed Minor Modification of the community docking facility, and, at the time of this memo, draft deed restriction language has not yet been received by this office. i State Permit No. 23-18 was originally issued March 13, 2018 for the construction of a ten (10) slip community docking facility situated at the southernmost edge of the riparian coridor. The authorized docking facility consists of a 346'x6' pier extending perpendicular to the shoreline with six (6) 24'x4' fixed finger piers extending to the east to accommodate the ten (10) boat slips. A Twat lift was authorized in each of the ten (10) slips. Excavation to -4' at MLW was also authorized with a total footprint of 176'x54'. None of the activities authorized in the 2018 permit have been completed. A Minor Modification was previously submitted on June 29, 2018 while the property was under a different purchase contract, however, that modification was withdrawn on November 9, 2018 and processing ceased with no permit action. State Permit No. 23-18 is due to expire on December 31, 2021. The total shoreline length of 283' would allow for platform area at a maximum of 2000 W, The proposed . modifications include four (4) - 30'x8' floating finger piers for a total platform area of 960 ft2. Since the Minor Modification states that a future pier for a single family home may be proposed from the same property, this office recommends that 120' of the 283' of shoreline be dedicated to cover the platform area of the community docking facility. The other proposed modifications appear to be consistent with NCAC 07H .0208(b)(6) and NCAC 07H .0208(b)(1), which include the use standards for piers/docking facilities and excavation. This office recommends that the Minor Modification proposal be circulated to the Local Permit Officer to ensure consistency with the City of Wilmington's COD regulations. This office has no objection to the modification of State Permit No. 2348, provided it is consistent with all other local, state, and federal regulations. Parkside WF Investors, LLC has submitted a check (check No. 1302) in the fee amount of $100. By copy of this memo, DCM is requesting that the USACE, NC DWR, and the City of Wilmington LPO provide any comments that your agency may have on the proposed project to Courtney Spears of DCM's Wilmington office within 14 days of receipt of this memo. Enclosures cc: DCM-MHC e - Liz Hair, USACE — W(cl--rn y Um MaN, e- Chad Coburn, NC DWR , Kathryn Thurston, LPO 1-714/6 -- q,0 ( W NO { v wean I tit{ A 'Ll H'6 dots RECEIVED APR 3 0 2019 DCM-MHD CITY Spears, Courtney From: Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov> Sent: Thursday, February 28, 2019 8:30 AM To: Spears, Courtney Subject: RE: FW: [External] RE: CAMA Minor Modification: 23-18 Hi Courtney —yes, the rest looked good. Thanksl From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov] Sent: Wednesday, February 27, 2019 11:36 AM To: Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov> Subject: Fw: FW: [External] RE: CAMA Minor Modification: 23-18 Hey, if they remove the gazebo is this proposal ok? Thanks! From: Finch, Greg <sfinchCdlmerouo.net> Sent: Wednesday, February 27, 2019 9:20:36 AM To: Spears, Courtney Subject: Re: FW: [External] RE: CAMA Minor Modification: 23-18 Courtney, the applicant has agreed to remove the gazebo. Can you just make that a condition on the permit? Also, I see the Robbie has followed -up with Christy on the deed or covenant language. Will this suffice to authorize the Minor Modification, or could you also follow-up with Christy? Thanks, hope your are catching up some. Greg Finch I CAMA Section Manager Direct: 910452-0001 x 1928 1 Cell: 910-470-4734 Email: efinchna lmgroup.net Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmgrouo.net On Thu, Feb 7, 2019 at 1:11 PM Spears, Courtney <courtney.spears(@,ncdenr.gpv> wrote: Hey Greg, RECEIVED APR 3 0 2019 DCM-MHD CITY FS Spears, Courtney From: Coburn, Chad Sent: Tuesday, February O5, 2019 10:25 AM To: Spears, Courtney Subject: RE: CAMA Minor Modification: 23-18 Since this project was approved in 2018 and the 401 still valid, this proposal will not require further written approval. From: Spears, Courtney Sent: Tuesday, February 5, 2019 9:07 AM To: Coburn, Chad <chad.coburn@ncdenr.gov>; Sarah.E.Hair@usace.army.mil; 'kathryn.thurston@wilmingtonnc.gov' <Kathryn.Thurston @wilm ingtonnc.gov> Subject: RE: CAMA Minor Modification: 23-18 Hi all, This is a reduction in footprint of the previously permitted marina to allow for the possibility of a SFH to pier out separately (at a later date). Please let me know if you have comments/concerns as soon as you're able. Thank you! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtnev. soearsOncdenr.00v 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Simpson, Shaun Sent: Tuesday, February 05, 2019 9:05 AM To: Coburn, Chad <chad.coburn@ncdenr.gov>; Sarah.E.Hair@usace.armv.mil:'kathryn.thurston@wilmingtonnc.gov' <Kathryn.Thurston@wilmineton nc.eov> Cc: Spears, Courtney <courtnev.soears@ncdenr.gov> Subject: LAMA Minor Modification: 23-18 Greetings: Attached please find State Permit No. 23-18 Minor Modification request for Susan Hale and Laurel Brooks in New Hanover County. RECEIVED APR 3 0 ?n DCM-MHD CITY If you have questions or concerns, please contact Courtney Spears at courtney.spearsPncclenr.gov or at (910) 796- 7426. Thanks, Shaun Shaun Simpson Permit Support & Customer Service NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. - Wilmington, NC28405 Phone: (910)796-7126 Shaun.Simoson@ncdencgov KCr-119&t tq Compares..... 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. Spears, Courtney From: Hair, Sarah E CN CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Wednesday, February 06, 2019 12:37 PM To: Simpson, Shaun; Coburn, Chad; 'kathryn.thurston@wilmingtonnc.gov' Cc: Spears, Courtney Subject: [External] RE: CAMA Minor Modification: 23-18 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.Spam@nc.gov<mailto:report.spam@nc.gov> The Corps has no objection to the proposed changes. Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 -----Original Message ----- From: Simpson, Shaun [mailto:shaun.simpson@ncdenr.gov] Sent: Tuesday, February 5, 2019 9:05 AM To: Coburn, Chad <chad.coburn@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; 'kathryn.thurston@wilmingtonnc.gov' <Kathryn.Thurston@wilmingtonnc.gov> Cc: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: [Non-DoD Source] CAMA Minor Modification: 23-18 Greetings: Attached please find State Permit No. 23-18 Minor Modification request for Susan Hale and Laurel Brooks in New Hanover County. If you have questions or concerns, please contact Courtney Spears at courtney.spears@ncdenr.gov <mailto:courtney.spears@ncdenr.gov> or at (910) 796-7426. Thanks, Shaun RECEIVED APR 3 0 2019 DCM-MHD CITY Shaun Simpson Permit Support & Customer Service NC Department of Environmental Quality NC Division of Coastal Management <Blockedhttp://www.nccoastaImanagement.net/> 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: (910)796-7226 Shaun.Simpson@ncdenr.gov 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. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 26403-1343 March 14, 2019 Regulatory Division Action ID No. SAW-2018-00111 and State Permit No. 23-18 Susan B. Hale & Laurel B. Brooks PO Box 348 Rocky Point, North Carolina 28457 Dear Ms. Hale & Ms. Brooks: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to modify the work associated with your Department of the Army (DA) permit issued on March 13, 2018, which authorized the construction of ten (10) slip community docking facility situated at the southernmost edge of the riparian corridor located at 221 Summer Rest Road, New Hanover County, North Carolina. The requested modifications include requests to modify the existing permit by reducing the number of slips from ten (10) to eight (8), reduce the number of finger piers from six (6) to four (4) and change the finger piers from fixed to floating, reduce the dredge footprint, add a wooden walkway from Summer Rest Road to the authorized docking facility, and add a 12/x12/ gazebo along the proposed wooden walkway. Your proposal continues to be consistent with the provisions and objectives of general permit No. 19800291 (copy enclosed). The permit is hereby modified. It is understood that all other conditions of your permit remain applicable. The expiration date of your DA permit is December 31, 2021. If you have any questions or comments you may reach me at telephone (910) 251- 4049. Sincerely, RECEIVED Liz Hair, Project Manager MAR 2 6 2019 Wilmington Regulatory Field Office MP SECTION WIRO RECEIVED APR 3 0 2019 DCM-MHD CITY -z- Copies Furnished Mr. Greg Finch Land Management Group 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Electronic Copy Furnished (without enclosures): ,NCDEQ/DCM; Ms. Heather Coats NCDEQ/DCM; Ms. Courtney Spears NCDEQ/DWR; Mr. Chad Coburn NCDEQ/DWR; Ms. Karen Higgins flt Il• .`i .I ROY COOPER NORTH CAROLINA Governor Enviran ntal Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM TO: Courtney Spears DCM Major Permit Assistant Coordinator, Wilmington RECEIVED FROM: Tara MacPherson DCM Field Specialist, Wilmington FEB 8 2019 THRU: Debra D. Wilson DCM-MHD CITY DCM District Manager, d ngton DATE: February 4, 2019 SUBJECT Permit Modification Request to State Permit No. 23.18, Susan Hale and Laurel Brooks 211 Summer Rest Road, Wilmington, in New Hanover County Mr. Greg Finch of LMG, Inc., acting as agent for Susan Hale and Laurel Brooks, is requesting a Minor Modification to State Permit No. 23-18. The property is currently under contract by Parkside WF Investors, LLC, for whom LMG, Inc. is also acting as agent. The approval of this Minor Modification is a condition of the purchase contract. The Minor Modification request consists of the following: • Reduce the number of slips from ten (10) to eight (8) to allow for a future single-family home on the waterfront parcel to apply for a two (2) slip docking facility. • Reduce the number of finger piers from six (6) to four (4) in accordance with the proposed slip reduction and change the finger piers from fixed to floating. Each of the four (4) floating finger piers would measure 30'x8'. Reduce the dredge footprint from 176'x54' to 165'x58'. This footprint reduction would move the dredge footprint further from the existing edge of Coastal Wetlands. Add a wooden walkway from Summer Rest Road to the authorized docking facility. Add a 12'x12' gazebo along the proposed wooden walkway located 37.5' from the upper limits of Coastal Wetlands and elevated 2' above the natural vegetation. This request was submitted in a letter dated January 17, 2019 with two (2) drawings, 1-2 of 2 both dated January 17, 2019. A purchase contract dated January 11, 2019 and January 14, 2019 was also received as part of this request. The agent has been made aware through phone conversations that if a Minor Modification is authorized, and a sale of the property is completed, that a Transfer of the permit shall be required. The D North Carolina Department of Environmental Quality I Divislon of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 agent is also aware that a portion of the shoreline will need to be dedicated via deed restriction to cover the platform area in the proposed Minor Modification of the community docking facility, and, at the time of this memo, draft deed restriction language has not yet been received by this office. State Permit No. 23-18 was originally issued March 13, 2018 for the construction of a ten (10) slip community docking facility situated at the southernmost edge of the riparian corridor. The authorized docking facility consists of a 346'x6' pier extending perpendicular to the shoreline with six (6) 24'x4' fixed finger piers extending to the east to accommodate the ten (10) boat slips. A boat lift was authorized in each of the ten (10) slips. Excavation to 4' at MLW was also authorized with a total footprint of 176'x54'. None of the activities authorized in the 2018 permit have been completed. A Minor Modification was previously submitted on June 29, 2018 while the property was under a different purchase contract, however, that modification was withdrawn on November 9, 2018 and processing ceased with no permit action. State Permit No. 23-18 is due to expire on December 31, 2021. The total shoreline length of 283' would allow for platform area at a maximum of 2000 W. The proposed modifications include four (4) — 30'x8' floating finger piers for a total platform area of 960 ft2. Since the Minor Modification states that a future pier for a single family home may be proposed from the same property, this office recommends that 120' of the 283' of shoreline be dedicated to cover the platform area of the community docking facility. The other proposed modifications appear to be consistent with NCAC 07H .0208(b)(6) and NCAC 07H .0208(b)(1), which include the use standards for piers/docking facilities and excavation. This office recommends that the Minor Modification proposal be circulated to the Local Permit Officer to ensure consistency with the City of Wilmington's COD regulations. This office has no objecfion to the modification of State Permit No. 23-18, provided it is consistent with all other local, state, and federal regulations. Parkside WF Investors, LLC has submitted a check (check No. 1302) in the fee amount of $100. By copy of this memo, DCM is requesting that the USACE, NC DWR, and the City of Wilmington LPO provide any comments that your agency may have on the proposed project to Courtney Spears of DCM's Wilmington office within 14 days of receipt of this memo. Enclosures cc: DCM-MHC Liz Hair, USACE Chad Coburn, NC DWR Kathryn Thurston, LPO D Q> North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal DtNe Ex sloe I Wilmington, North Carolina 28405 910.796.7215 Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 2/4/2019 Parkside WF Susan Yadkin 1302 $100.00 minor mod fee #23-18, 211 Tmac rct. Investors, LLC Hale/Laurel Bank Summer Rest Road, 7447 Brooks Wilmington NHCo RECEIVED FEB 0 8 2019 DCM-MHD CITY �ZLMG Ga DAVEY+ company January 17, 2019 Debra Wilson Division of Coastal Management 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 RECEIVED DCM WILMINGTON, NC Re: Minor modification request, Permit Number 23-18, Susan Hale and Laurel Brooks, 221 Summer Rest Road, Wilmington, New Hanover County Debbie, On behalf of Parkside WF Investors LLC, I would like to request a minor modification of CAMA Major Permit Number 23-18. Parkside WF Investors LLC has the subject property under contract and the Purchase Agreement is attached. It is understood that the Minor Modification will be conditioned upon the completed purchase of the property. Items included within the modification are as follows: 1) Reducing the number of slips from 10 to 8. The proposed reduction is solely for the purpose of allowing the future waterfront lot owner the ability to apply for an additional private pier with 2 boat slips. 2) Changing the permitted 5 fixed finger piers to 4 floating finger piers, each 30'x8'. To accommodate this change, the dredge footprint has been reconfigured from 176'x54' to 165'x58'. This change moves the dredge footprint further from the outer edge of marsh and reduces the volume. 3) Adding a wooden walkway from Summer Rest Road to the fixed pier and a 12'x12' covered gazebo. The covered gazebo will be 37.5' from the coastal wetland line and elevated 2' above the natural vegetation in accordance with the City of Wilmington COD regulations. Enclosed are drawings detailing the modification items and the $100 modification fee. The adjacent riparian landowners have been notified and the Property Owner Statements will be submitted once received. Please contact me with any questions that you may have. Thank you for your assistance. Sincerely, Greg Finch Encl: Drawings, $100 fee check Cc: Parkside WF Investors LLC www.lmgroup.net - Phone: 910.452.0001 - Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED FEB 0 8 2019 DCM-MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION RECEIVED Name of Property Owner Requesting Permit: Mailing Address: Phone Number: Email Address: I certify that I have authorized Parkside WF Investors LLC 1902 Eastwood Road Wilmington, NC 28403 jw@intracoastalrealty.com Land Management Group, Inc. Agent / Contractor JAN 18 �019 DCM WILMINGTON, NC to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: #28-18 at my property located at 221 Summer Rest Road in New Hanover County. Y modifications to CAMA Permit 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. Pr ner Info mation: $ignature A Print or Type Name Title �l-1 RECEIVED D e FEB 0 8 2019 This certification is valid through 12 /31 /2019 DCM-MHD CITY �Trl�`,1�%Tj . •i�T 7if�_�iC��•Ti� � lam• Name of Property Owner Requesting Permit: Mailing Address: Phone Number: Email Address: Susan B Hale & Larel B Brooks Rocky Point, NC 28457 ( " U:. I 1 W 910-619-6332 & 919-360-6051 travlin4fn@aol.com & baca1197@aol.com I certify that I have authorized Land Management Group Agent i Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: docking facility modifications at my property located at 221 Summer Rest Road in New Hanover County. 1 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: �tj�ki 0016-k ignature Laurel Brooks Owner Print or Type Name Title 1 /28 /2019 Date RECEIVED FEB 0 8 2019 DCM-MHD CITY RECEIVED This certification is valid through 12 /31 /2019 3CM WILMINGTON, NC AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Susan B Hale & Larel B Brooks Mailing Address: Phone Number: Email Address: Rocky Point, NC 28457 910-619-6332 & 919-360-6051 travlin4fn@aol.com & baca1197@aol.r-om 1 certify that I have authorized Land Management Group Agent / Contractor o act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: docking facility modifications at my property located at 221 Summer Rest Road in New Hanover County. Y 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: Signature Susan Susan B. Hale Print or Type Name owner Title 01 /28 /2019 Date This certification is valid through 12 /31 /2019 RECEIVED FEB 0 8 2019 DCM-MHD CITY RECEIVER FEB 01 Z019 DCM WILMINGTON, NO ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Parks ae VP Investors LLC s (Name of Property Owner) property located at 221 Summer Rest Road (Address, Lot, Block, Road, etc.) on AIM , in Wilmington N.C. (Waterbody) (City/Town and/or County) The applica t has described to me, as shown below, the development proposed at the above locatio' 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) RECEIVED FE8 0 8 2019 DCM-MHD CITY 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.) NA I do wish to waive the 15' setback requirement. +A I do not wish to waive the 15' setback requirement. (Property Owner Information) Owner Infojynation) Signature Signal ire. Park.Side WF Investors LLC 4"--F Print or Type Name Print or Type/Name 1902 Eastwood Road Mailing Address Maili g Address 'AWNflotan. NC 29403 City/State/Lip CCU tate/Zip 910.W9-1952 jw@mlracoestaimalty.wm -Number X7 Telephone / email address Telephone Number/email 7)are Date' 'Valid for one calendar year after signature' .e" (Revised Aug. 2014) OCM WILMINGTON, NC zaxc___-..a.z:.. az_zaozac�_nzx� Product x �eiII e,eefa FinaQty l Description SalSal Price First -Class 1 --_ Mail $1.21 Large Envelope Ln CERTIFIED MAIL. 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You may also visit www.usps.com USP$ Tracking or call 1-800-222-1811. In a hurry? Self-service klosks offer quick and easy check-out. RECEIVED Any Retail Associate can show you how. Save this receipt Insurance. For information evidence fof on filing i FEB 0 B 319 an insurance claim goo to°n https://www.usps.com/help/claims.htm DCM-MH1) CITY Preview Your Mail Track your Packages Sign up for FREE www.friformeddelivgry.com All sales final on stamps and postage Refunds for- guaranteed services only Thank you for your business RECEIVED HELP US SERVE YOU BETTER TELL US ABOUT YOUR RECENT FEB 0 1 2019 POSTAL EXPERIENCE DCM WILMINGTON, Go to: https://postallexperience.com/Pos NC 40-5280-0178-002-00025-70574-02 or scan this code with your mobile device: VAN 10. m� ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 4ArnM2V Q25l Qod oww& N (n431Ml 224 34mi v Rnt koud Wi1iminjtm1,N(, 219405 II I IIIIII IIII III I I I II I II I IIIIIII I I III I IIIII III 9590 94o3 0119 Son 9o32 s2 2. Article 7005 1820 0002 9135 7859 PS Form 3811, April 2015 PEN 7530-02-000-907 0 Agent Delivery D. Is delivery address different from ttem 17 u rea If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered Mail*"' uIt Signature Restricted Delivery [2 Registered Mal Restricted P❑ Bled Mail® Delivery certifietl Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Merchandise ❑ signature Confirmationm ❑ Insured Mail ❑ Signature Confirmation ❑ Insured Mail Restricted Delivery Restricted Delivery (over $500) Domestic Return Receipt DocuSign Envelope ID: A6A1 E7B6-4890-4F9C-B2C6-ED1 B083FD118 RECEIVED FEB OQtr�lcoastal OFFER TO PURCHASE AND CONTRACT DC MH RFAt7YCOWOR ON (Consult "Guidelines" (Form 2G) for guidance in completing this form D CITY For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terms (together the "Contract"). 1. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Sefler": Susan Bowden bale & Laurel Bowden Brooks (b) "Buyer": Parkside WF Investors LLC (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon and the fixtures and personal proverty listed in Pameraohs 2 and I frinw NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seller should consider including the Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2A I 1-T) with this offer. btreet Address: 221 Summer Rest Rd City: _ Wilmington Zip: 28480 County: New Hanover , North Carolina NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown. Legal Description: (Complete ALL applicable) Plat Reference: Lot/Unit 1 , Block/Section 1 , Subdivision/Condominium Sumer Rest , as shown on Plat Book/Slide at Page(s) The PIN/PID or other identification number of the Property is: R05714003012000 i R0571400030003000 Other description: LOT 1 1: 2 BLE 1 SWltER REST i ADJ Some or all of the Property may be described in Deed Book 5697 at Page 1256 (d) "Purchase Price". S paid in U.S. Dollars upon the following terms: $ BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date. $ 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, ❑ electronic transfer, EITHER ❑ with this offer OR ❑within five (5) days of the Effective Date of this Contract. S N/A BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph l(f) by cash, official bank check, wire transfer or electronic transfer no later than 5 p.m. on N/A TIME BEING OF THE ESSENCE $ N/A BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum (Standard Forth 2A6-T). S N/A BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5-T). $ N/A BY BUILDING DEPOSIT in accordance with the attached New Construction Addendum (Standard Form 2A3-T). $ BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan). 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 Page 1 of 13 This form jointly approved by: STANDARD FORM 2-T North Carolina Bar Association os121 Revised 7/2018 North Carolina Association of REALTORS®, Inc, taawues REACTORS' ©7/2O]$ MKINsc Buyer initials Xz Seller initials _ M.A.allus- 11.1iFiNac"C Wl wilnuny"a"T`C SM103 Pbca,:(9109U 7783 Fu: (910a2A 7163 RECE S�`m mx•IlF,"EucadraM1 L"Fa by ML09g IWM FA aA Mile R.. Flag, MiIi pfm Iaa28 ww'YlLapjx� JAN 18 2019 D6wSion rnvek. in QFnFnr1FQACC7 ,one nc�• n DocuSign Envelope ID: A6A1 E786-48901F9GB2C6-ED1 B083FDI 18�^ RECEDED FER 0 8 2019 THE NORTH CAROLINA ASSOCIATION OF REALTORSS, INC. AND THE NORTH CAROLINA BAR A� MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FOY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. This offer shall become a binding contract on the Effective Date. Unless specifically provided otherwise, Buyer's failure to timely deliver any fee, deposit or other payment provided for herein shall not prevent this offer from becoming a binding contract, provided that any such failure shall give Seller certain rights to terminate the contract as described herein or as otherwise permitted by law. Date: Buyer Q� t_' O.R„c. i, 1/11/2019 WF Investors LLC Date: Buyer Entity Buyer. Parkside WF Investors LLC (Name of LLC/Corporation/Partnership/Trust/etc.) By: Name: James Wallace Title: Member Manager Date: Date: OLLL! Seller _ L Susan Soudan Ha e Date: 1/14/2019 W. ocasgnae SellerE721ABC087� tr^p JJ- t�� 4W. )ks Entity Seller: (Name of LLC/Corporation/Partnership(lrust/etc.) By: Name: Title: Date: WIRE FRAUD WARNING TO BUYERS: BEFORE SENDING ANY WIRE, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO VERIFY THE INSTRUCTIONS. IF YOU RECEIVE WIRING INSTRUCTIONS FOR A DIFFERENT BANK, BRANCH LOCATION, ACCOUNT NAME OR ACCOUNT NUMBER, THEY SHOULD BE PRESUMED FRAUDULENT. DO NOT SEND ANY FUNDS AND CONTACT THE CLOSING ATTORNEY'S OFFICE IMMEDIATELY. TO SELLERS: IF YOUR PROCEEDS WILL BE WIRED, IT IS RECOMMENDED THAT YOU PROVIDE WIRING INSTRUCTIONS AT CLOSING IN WRITING IN THE PRESENCE OF THE ATTORNEY. IF YOU ARE UNABLE TO ATTEND CLOSING, YOU MAY BE REQUIRED TO SEND AN ORIGINAL NOTARIZED DIRECTIVE TO THE CLOSING ATTORNEY'S OFFICE CONTAINING THE WIRING INSTRUCTIONS. THIS MAY BE SENT WITH THE DEED, LIEN WAIVER AND TAX FORMS IF THOSE DOCUMENTS ARE BEING PREPARED FOR YOU BY THE CLOSING ATTORNEY. AT A MINIMUM, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO PROVIDE THE WIRE INSTRUCTIONS. THE WIRE INSTRUCTIONS SHOULD BE VERIFIED OVER THE TELEPHONE VIA A CALL TO YOU INITIATED BY THE CLOSING ATTORNEY'S OFFICE TO ENSURE THAT THEY ARE NOT FROM A FRAUDULENT SOURCE. WHETHER YOU ARE A BUYER OR A SELLER, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE AT A NUMBER THAT IS INDEPENDENTLY OBTAINED. TO ENSURE THAT YOUR CONTACT IS LEGITIMATE, YOU SHOULD NOT RELY ON A PHONE NUMBER IN AN EMAIL FROM THE CLOSING ATTORNEY'S OFFICE, YOUR REAL ESTATE AGENT OR ANYONE ELSE. Page I of 13 RECEIVED ,idN 1 b LGi_ PrcUu xM liffo m® by apl.cyla 18070 FlOpen M,h Roan, Raur. M'019an 48018 NOe2.zl�m a.com STANDARD FORM 2-T Revised 7/2018 ® 7/2018 221 Summer Rest - DCM WILMINGTON, NC G, WILLIAM H JR GAIL F 303 SUMMER REST RD WILMINGTON, NC 284y1 BOAT OWNERS ASSOC 224 SUMMER REST,I4D WILMINGTON, NC 28405 sv M��rr PERMITTED DREDGING BOUIM (176' x 54'; 9,504 v \ ` HIGHWAY 74 \ (EASTWOOD ROAD) Hwy 76 SUBJECT TAX PARCEL (221 SUMMER REST ROAD) PERMITTED 10-SLIP DOCKING FACILITY (6 FIXED PIERS WITH LI Tax Parcel Boundary —----- NOTES: Approximate Coastal Wetland Line - - -- - - 1. TAX PARCELS FROM NHC GIS. Approximate NHW Line _.._. _„_ _ _ _ 2. NOT A SURVEYED OR ENGINEERED DRAWING. 3. PRELIMINARY. FOR ENVIRONMENTAL PERMITTING ONLY. �nlun mnNncemewr cna:r v � mmoanv 3e05 Wtightsville Ave, Suite 15 0 50 100 200 NAlminaton. Nonh Carolina 28a0 Existiv(a Pier c� 0P J 221 Summer Rest Road 1/17119 Permit#23-18 Swie. linor Modification Re uest V=1oo' tie Site Location and Drawn By: Permitted! Plan View GSF Hwy 74 R JAN 18 :IJ in NC FEB U 1 2019 W-MH CITY NA NA sr 1 of Proposed 6' x 122' Wooden,: Walkway Proposed,lf"; 12' Gazebo -' 75' r 37.5 30' Buffer Coastal Wetland Lin Approximate N Modified Fixed Pier (Reduced to 330') ,, 0 NOTES: V 1. WATER DEPTHS TAKEN BY LMG ON 10/27/17 AND ARE APPROXIMATE. 2. WATER DEPTHS ARE RELATIVE TO MLW. 3. LENGTH OF SHORELINE AT NHW IS 283 FEET. 4. TAX PARCELS FROM NHC GIS. 5. NOT A SURVEYED OR ENGINEERED DRAWING. 6. DOCKING FACILITY MODIFIED FROM 10 SLIPS TO 8 SLIPS SPECIFICALLY TO ALLOW FOR FUTURE ADDITIONAL 2-SLIP RESIDENTIAL PIER. PERMITTED 5 FIXED FINGER PIERS CHANGED TO 4 FLOATING DOCKS. 7. 12 x 12 GAZEBO RAISED 2 FEET ABOVE NATURAL VEGETATION PER CITY COD REGULATIONS. 8. PRELIMINARY. FOR ENVIRONMENTAL PERMITTING ONLY. Existing Adjacent Pier Legend Tax Parcel Boundary ----- -- — Approximate Coastal Wetland Line - -- - - - - - - Approximate NHW Line Dredging Limitsr ---------t (Cut to -4 MLW) L--------- J Edge of Marsh \ Modif' d Doc (S,e6 Note 6) 291 /`%%, 165 Existing Adjacent Pier Existing Pier He a Water B Width M JAN 18 i9 DCM WILMINGT N. NC Moc/Oied Dredging Bo dary. 9,570 s.f. ( MLW, No Change in Depth) RE( ;LMG MANAGEMENT GRGllF 38G5 Wrightsville Ave, suite 15 Milmineton, North Carolina 2M, FEB 0 S DCM-MHO 1 Summer Rest Road 1/17/19 NA Permit R23-18 Scale J.ENumber: x Modification Reguest 1"=50' NA Minor Modification Drawn By: Sheet Number, Request Detail GSF 2 of 2 19