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HomeMy WebLinkAboutNH_04-054_YoungNew Hanover County', Local Government . _jj' / <a Nov 30 2004 NHC INS?. E C E H V F DEC 0 7 2004 DIVISION OF ENT DEPT. �nuw�� v� �wr m PERMIT as authorized by the State of North Carolina, Department of Environment, and Natural Resources and the Coastal Resources Commission for development in an area of environment concern pursuant to Section 113A-118 of the General Statues, "Coastal Area Management" 04-054 Permit Number Issued to Mr. John M. Young, authorizing renovations, the construction of a lift station, well and well house, water line and HVAC platform at a residence in the Estuarine shoreline AEC at 6700 River Road, as requested in the permittee's application, dated September 28, 2004. This permit, issued on November 16, 2004, is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. ❑ A copy of this permit shall be onsite for regulatory inspection. ❑ An undisturbed buffer zone of at least thirty feet from the mean high water (normal water line) must be maintained at all times. ❑ No sediment or building materials can be allowed to enter the marsh grasses or waters. Silt fence is or other protective barrier(s) must be placed and maintained between the disturbed area and any 404 wetlands or coastal wetlands, to keep sediment from entering those areas. ❑ All proposed development and associated construction must be done in accordance with the permitted workplat drawings as submitted. ❑ All construction must conform to the NC Building Code requirements and all other local, State and Federal requirements. ❑ A building permit is required. ❑ -Any changes or changes in the plans for development, construction or land use activities will require a reevaluation and modification of this permit. ❑ The amount of impervious surface areas shall be limited to no more than 30% of the 75' Area of Environmental Concern, in this case total impervious square footage is less than 30%.. ❑ No filling or development within the Federally regulated 404 wetlands is authorized. ❑ No impermeable surface shall be allowed over any functional part of the septic tank system. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this permit must cease until the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modification not covered under this permit, require further written permit approval. All work must cease when this permit expires on December 31, 2007, In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management Local Permit Official (signature) Debra D, Wilson, CAMA Local Permit Officer for New Hanover County New Hanover County Inspections Department 230 Market Place Drive, Suite 110 Wilmington, NC 28403 Phone: (910) 7W7118 FAX: (910) 798-7060 P ifiee (sig uiredrf lions above apply to permit) New Hanover County 31V 04-054 Local Government 7 20 Permit Number o� 1J4r1 T,IVISIOIN DEMENT CAMA DEFT GOAM*ADEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Environment, and Natural Resources and the Coastal Resources Commission for development in an area of environment concern pursuant to Section 113A-118 of the General Statues, "Coastal Area Management" Issued to Mr. John M. Young, authorizing renovations, the construction of a lift station, well and well house, water line and HVAC platform at a residence in the Estuarine shoreline AEC at 6700 River Road, as requested in the permittee's application, dated September 28, 2004. This permit, issued on November 16, 2004, is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. ❑ A copy of this permit shall be onsite for regulatory inspection. ❑ An undisturbed buffer zone of at least thirty feet from the mean high water (normal water line) must be maintained at all times. ❑ No sediment or building materials can be allowed to enter the marsh grasses or waters. Silt fence is or other protective barrier(s) must be placed and maintained between the disturbed area and any 404 wetlands or coastal wetlands, to keep sediment from entering those areas. ❑ All proposed development and associated construction must be done in accordance with the permitted workplat drawings as submitted. ❑ All construction must conform to the NC Building Code requirements and all other local, State and Federal requirements. o A building permit is required. ❑ Any changes or changes in the plans for development, construction or land use activities will require a reevaluation and modification of this permit. ❑ The amount of impervious surface areas shall be limited to no more than 30% of the 75' Area of Environmental Concern, in this case total impervious square footage is less than 300/c.. ❑ No filling or development within the Federally regulated 404 wetlands is authorized. ❑ No impermeable surface shall be allowed over any functional part of the septic tank system. This permit action may be appealed by the pernitlee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this permit must cease until the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modification not covered under this permit, require further written permit approval. All work must cease when this permit expires on December 31, 2007. In issuing this permit it is agreed that this project is consistent with the local Land Use Flan and all applicable ordinances, This permit may not be transferred to another party without the written approval of the Division of Coastal Management. Local Permit Official (signature) Debra D. Wilson, CAMA Local Permit Officer for New Hanover County New Hanover County Inspections Department 230 Market Place Drive, Suite 110 Wilmington, NC 2W3 Phone: (910) 798-7118 FAX: (910) 798-7060 Pefiliftee (siga'af r&§quired 4 c6n9 Lions above apply to permit) ' New Hanover County 04-054 Local Government C4 Permit Number pIVISlON GEMENj CaMA COASTAL MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Environment, and Natural Resources and the Coastal Resources Commission for development in an area of environment concern pursuant to Section 113A-118 of the General Statues, "Coastal Area Management' Issued to Mr. John M. Young, authorizing renovations, the construction of a lift station, well and well house, water line and HVAC platform at a residence in the Estuarine shoreline AEC at 6700 River Road, as requested in the permittee's application, dated September 28, 2004. This permit, issued on November 16, 2004, is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. ❑ A copy of this permit shall be onsite for regulatory inspection. ❑ An undisturbed buffer zone of at least thirty feet from the mean high water (normal water line) must be maintained at all times. ❑ No sediment or building materials can be allowed to enter the marsh grasses or waters. Silt fence is or other protective barrier(s) must be placed and maintained between the disturbed area and any 404 wetlands or coastal wetlands, to keep sediment from entering those areas. ❑ All proposed development and associated construction must be done in accordance with the permitted workplat drawings as submitted. ❑ All construction must conform to the NC Building Code requirements and all other local, State and Federal requirements. ❑ A building permit is required. ❑ Any changes or changes in the plans for development, construction or land use activities will require a reevaluation and modification of this permit. ❑ The amount of impervious surface areas shall be limited to no more than 30% of the 75' Area of Environmental Concern, in this case total impervious square footage is less than 30•/e.. ❑ No filling or development within the Federally regulated 404 wetlands is authorized. ❑ No impermeable surface shall be allowed over any functional part of the septic tank system. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this permit must cease unfit the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance, Any maintenance work or project modification not covered under this permit, require further written permit approval. All work must cease when this permit expires on December 31, 2007. In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management. Local Permit Official (signature) Debra 0. Wilson, CAMA Local Permit Officer for New Hanover County New Hanover County Inspections Department 230 Market Place Drive, Suite 110 Wilmington, NC 28403 Phone: (910) 798-7118 FAX: (910) 798-7060 Pernittee (signature required if conditions above apply to permit) Ann S. Hines Chief Zoning Enforcement Official Mr. John M. Young 6700 River Road Wilmington, NC 28412 NEW HANOVER COUNTY INSPECTION SERVICES 230 Market Place Drive, Suite 110 WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798-7118 FAX: (910) 798-7060 RE: CAMA Minor Permit No. 04-054 6700 River Road Wilmington, NC Dear Mr. Young: November 16, 2004 E(OEH 1Y E NOV 2 2 2004 DIVISION OF COASTAL MANAGEMENT Enclosed are duplicate originals of the CAMA permit, which you have requested. Please sign and return one copy to our office within fifteen (15) days after receipt of this letter. If the signed copy is not returned to us, then the permit will become void after fifteen (15) days. If I can be of further assistance in this matter or if any changes are planned, please feel free to contact me at this office on 910-798-7118 between the hours of 7:30 am. and 4:00 p.m. Sincerely, Ai2- 9- Debra D. Wilson CAMA Minor Permit Official bra , Enclosures cc: Robb Mairs, NC Division of Coastal Management Ann S. Hines, Chief Zoning Enforcement Official oy-v5z1 Nox Coon I>I:K)WI-!' rSmVwx's ANN S. IE NES Chief Zoning Enforcement Official Mr. John Young 6700 River Road Wilmington, NC 28412 NEW HANOVER COUNTY INSPECTION SERVICES ZONING DI ISI E N 230 MARKET PLACE DRIVE, S WILMINGTON, NORTH CARO TELEPHONE (910) 798-7 FAX (910) 798-7060 AUG 2 3 2004 DIVISION OF COASTAL MANAGEMENT August 18, 2004 CERTIFIED MAIL —RETURN RECEIPT REQUESTED RE: 6700 River Road, Accessory Building Adjacent to Cape Fear River (R-15 Zoning) Dear Mr. Young: You have made certain improvements to a nonconforming residential accessory building at the above -referenced location, and propose to continue with other improvements. The building was formerly a storage type structure with overhead garage doors and concrete block walls. Inside walls were concrete, and the floor was concrete with a floor drain that had drained into the river. County tax records showed the structure appraised at $6,296 prior to your acquisition of the property. The, improvements viewed by Inspections officials on July 6, 2004, include furring of block interior walls, installation, finishing and painting of sheet rock walls and ceilings; carpeting of one room; installation of ceramic tile flooring in another room; addition of washer and dryer connections; installation of toilet, sink and shower; partial construction of partition walls for the new bathroom and laundry room; framing and finishing of two closets with four doors on the south side of the main room; installation of ceiling fan and decorative brass chandelier; replacement of overhead garage doors with walls and passage doors and finished with exterior siding; installation of central heat and air; and plumbing connections to a newly installed well and a lift station to pump sewage to an existing septic system. Nonconformities with respect to this structure include the following: 1. Zoning Nonconformity. The building was at one time used as a commercial crab house by Mr. Archie McGirt, former property owner. The only plumbing in the building was a sink with floor drain leading to the river. Since the building's use for, crab cleaning was discontinued more than 180 days ago (about 1979 according to Mr. McGirt), the structure may now only be used for conforming purposes (Zoning Ordinance Sec. 46-1). The use of the building as a guest house without kitchen would be allowable under the Zoning Ordinance, subject to compliance with other applicable regulations. No business use may be made of the structure, -as a home occupation may not be conducted in an accessory building. A dwelling unit may not be established in the building unless your lot contains at least 30,000 square feet. Mr. John Young -2- August 18, 2004 2. Floodplain Nonconformity.. The structure is also nonconforming with respect to the New Hanover County Floodplain Regulations. It is classified as pre -FIRM construction by virtue of having been built prior to the County's joining the National Flood Insurance Program in 1978. The base flood elevation (BFE) for this area is Elevation 10' (NGVD). Elevation'documentation dated 8-21-03 indicates the lowest floor of the building is at Elevation 6.7', well below the BFE, while the Floodplain Regulations call for the lowest floor to meet the two -foot freeboard elevation (two feet above BFE) if the building is substantially damaged or substantially improved. Substantial improvement occurs when .the cost of repairs and improvements over a five year period, plus the cost of proposed improvements, equals or exceeds 50% of the market value of the structure before the start of the proposed work (New Hanover County Floodplain Regulations, Article 11, Sec. 2.dd).." 3. CAMA Nonconformity. A third type of nonconformity relates to the building's position within the 30-foot shoreline buffer as regulated under the Coastal Area Management Act '(CAMA). The CAMA regulations prohibit many types of new development within the shoreline buffer, but redevelopment of an existing impervious area is allowed as long as the, development occurs within the same footprint (including roof overhang): We have noted a number of violations associated with the work you have already undertaken, and a Stop Work Order was therefore posted. The violations and needed remedial steps are as follows: Zoning Violation. Zoning Ordinance Sec. 104 requires the issuance of a building permit for construction or alteration of a building; including erection, alteration, moving and repair. You did not apply for or obtain a building permit prior to the start of work on this building. You are therefore directed to apply for a building permit for all proposed improvements to this building, including the work you have already performed and any further work proposed, and providing all, needed information for the permit decision to be made. Among other things, Zoning Ordinance Sec. 102-3 requires compliance with the State Guidelines for'Areas of Environmental Concern (i.e., the CAMA regulations), :by obtaining necessary approvals prior to issuance of a building permit. A separate notice of violation is being issued .because you undertook development (installation of well, plumbing lines and sewer lift station to serve this building) within the Estuarine Shoreline Area of Environmental Concern (AEC) and 30-foot Shoreline Buffer without first obtaining the necessary CAMA permit, and under Zon. Ord. Sec. 102-3, compliance with CAMA directives is necessary before a building permit can be issued. 2. Building Code Violations. a.. Permit Required. Per the Administration and Enforcement Code, G.S. 153A-357 addressing permits requires the issuance ofa building permit for alteration of a structure where the cost of the alterations exceeds $5,000. Your handwritten list of materials and cost of electrical work exceeds this amount, indicating an expenditure of $5,959. You are therefore directed to apply for a building permit, including the work you have already performed and any further work proposed, and providing all needed information for the permit decision to be made. Mr. John Young 3- August.18, 2004 b. Floodplain Management Requirements Under Building Code. Building Code Sec. R-327, "Flood Resistant Construction, addresses elevating and protecting of -mechanical, electrical, water supply and sanitary sewerage, and also requires the use of flood resistant materials "below the ,base flood . elevation (BFE). This section further requires that new plumbing and electrical,connections be placed at or above the BFE. The plumbing connection is defined as the wall connection of a sink, the floor connection of a toilet, .the floor drain of a shower, and the top of wall drain pipe for a washing, machine. The code states that„a'sewer lift station may be below the BFE if it is sealed to prevent intrusion oY water and vented above the BFE. Consultation with the North Carolina Department of Insurance confirms that the introduction of a toilet, shower, sink and washing machine, all emptying into a septic system, are considered new plumbing connections as they were not present in the building before your modifications, and these features are therefore required to meet the elevation requirements. To comply with these requirements, the building permit application must include plans indicating (I) the type of materials used below BFE, in compliance with FEMA Technical Bulletin 2-93, Flood Resistant Materials Requirements, and (2) proposed elevations for each electrical and plumbing connection, including top of lift station .vent. Known and other likely problems with the new construction include your use of sheet rock, carpet, ceramic tile and untreated wood below BFE. Depending on the type of wall. insulation used, this may also be noncompliant. Known problems with the plumbing appear more serious, in that the building's floor elevation is so far below BFE that the plumbing connections for the. sink, toilet and shower cannot be raised to a level that leaves enough head room to use the fixtures. The' - level of the washer connection may or may not be a problem. The venting of the, lift station is.noncompliant but could be corrected, provided other. applicable codes allow the lift station, to remain. Any work already completed that does not comply with the flood elevation requirements of the Building Code will have to be removed. C. Compliance with Other Regulations. Per the Administration and Enforcement Code, G.S. 143-139 (b) and (bl), "General Building Regulations and,Remedies," requires compliance with all other pertinent Federal,- State and local regulations, or the structure becomes' in violation of this article or the North Carolina State Building Code. This requirement further reinforces the need to resolve other existing violations and show evidence of compliance or ability to comply with other laws and regulations. Violation of New Hanover County Flood lain Regulations. A floodplain development permit was required for the alterations to this building, and none was obtained. Ordinance Article I, Section 4, provides: "Section 4. Permit Procedures. All new, construction, improvement, reconstruction or alterations to land and buildings must receive clearance prior to such activity as, outlined below: Mr. John Young -4- August 18, 2004 A. Clearance for Structures "1. Approval or disapproval in accordance with these Regulations shall be given by the Building Inspector at 'the time of issuance of the Building Permit for any new construction, improvement, reconstruction or alterations for buildings, dwellings, or structures." The section goes on to require an application for the development permit (building permit), and Section 5 states: "No structure shall be located, extended, converted or structurally altered, and no land shall be developed as of the effective date of this Ordinance without full compliance with the terms of this Ordinance and other applicable regulations." Alterations already made to the structure without the required building permit constitute a violation of the Floodplain Regulations. You are therefore directed to apply for a'building - permit, :including the work you have already performed and any further work proposed, and to provide all needed information for the permit decision to be made. Pursuant to Ordinance Article IV, Sec. 2, if the building improvements are found to constitute substantial improvement as definedin the Floodplain Regulations, the improvements cannot be authorized unless the structure is brought up to current floodplain development . standards. If you do not propose to bring the structure up to current standards —put simply, to. elevate the -building -then we will have to make a determination as to substantial improvement before we can approve a permit application.. , Quoting from Ordinance Article II, Section 2.dd, "Substantial improvement _ means, for a structure built prior to the enactment of this section, any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure. either before the improvement or repair is started or if the structure has been damaged and is being restored, before -the damage occurred. For the purposes of this definition substantial improvement' is considered to occur when the first alteration of any wall, ceiling, floor orotherstructural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The `cost' of substantial improvement shall be determined by adding the cost of all repairs and reconstruction carried out in the five year"period immediately preceding the..proposed repairs and reconstruction to the cost of the proposed repairs and reconstruction." In order to make. the, determination as to substantial improvement in evaluating your building permit application, we will need you to provide us -with documentation of the cost of all repairs and improvements made to this building within the past five years, along with the cost of any additional improvements you propose to make. You have provided some of this information already in the form of a hand-written list of materials and a copy of a statement from Myrtle Grove Electric. You have advised us. through your attorney that most of the labor for this project was provided by. yourself and donated labor by a friend. As used in this definition, the term "cost" is synonymous with value, and -it :is therefore necessary to assign a value to your own and donated labor, based on local wage standards for the hours spent on the work. Please submit for our review the number of man hours spent and projected for each element of the project, with a reasonable hourly wage rate for the type.of work being performed.We also need cost Mr. John Young -5- August 18, 2004 data on the relatively new roof on this structure, as it appears to be newer than five years old. The value of the building is the other component of the substantial improvement determination. You have provided only partial information on the appraised value of the building as of the time you purchased the property. We need to see the rest of the appraisal document in order to consider it for assignment of a fair market value to the structure. In the absence of complete appraisal information, we will use the value assigned by the County Tax Department. We would add here that since so much of the work has already been done, you may wish to provide a new independent appraisal of the building from a licensed appraiser, if you feel you can demonstrate in that way that the improvements will not constitute substantial improvement. 4. CAMA Violation. Attached hereto is a separate notice of violation for undertaking unauthorized development in -a CAMA Area of Environmental Concern (AEC). This violation relates to building improvements and ground work (including well and cover, water and sewer pipes, sewer lift station, HVAC platform) within the 75' Estuarine Shoreline and 30' Shoreline Buffer areas. As noted above, the CAMA Regulations restrict new development within,the 30' Shoreline Buffer, and all the inground plumbing installations are considered new development since they are not replacement or repair of features that were there before. Field measurements indicate the well is outside the 30' shoreline buffer, but the lift station is four feet into the buffer and will have to be removed. In accordance with the penalty provisions of the Zoning Ordinance and Floodplain Regulations, you are requested either to remove the unauthorized improvements or to make application for a building permit within the next thirty (30) days, and to proceed with all corrective measures. Civil penalties under both these ordinances amount to $100 for the first day, $300 for the second: day, and $500 per day thereafter. Appeals to the Zoning Board of Adjustment from Zoning and Floodplain determinations must be filedwithin fourteen (14) days of your receipt of the determination. We will be. happy to sit down and discuss any of the foregoing with you. Sincerely, 0��- 6L Ann S. Hines Chief Zoning Enforcement Official Grady -Hobbs Chief Building Code Enforcement Official Enclosure cc: ' John C. Wessell, III, Esq., Wessell & Raney, LLP, P. O. Box 1049, Wilmington, NC 28402-1049 J. B. Graham; Inspections Director Dennis Bordeaux, Assistant Inspections Director David Weaver, Assistant County Manager NEW HANOVER COUNTY INSPECTION SERVICES 230 Market Place Drive, Suite 110 WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798-7118 FAX: (910) 798-7060 Ann S. Hines Chief Zoning Enforcement Official CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. and -Mrs. John Young 6700 River Road Wilmington, NC 28412 August 18, 2004 RE: NOTICE OF VIOLATION, STOP WORK ORDER, AND NOTICE OF FAILURE TO APPLY FOR A CAMA PERMIT CAMA MINOR VIOLATION # 04 -01 Dear Mr. and Mrs. Young This letter confirms that on July 6, 2004, I visited your property located at 6700 River Road, adjacent to the Cape Fear River, located off River Road, in or near Wilmington, New Hanover County, North Carolina. The purpose of the visit was to investigate unauthorized development,involving an existing nonconforming structure and land disturbing activity within the Estuarine Shoreline and 30-foot Shoreline Buffer. This activity has exceeded the previously permitted activity under CAMA Minor Permit #03-077. Information gathered by this department and/or the NC Division of Coastal Management shows that you have undertaken minor development in violation of the Coastal Area Management Act. No person may undertake minor development ina designated Area of Environmental ,Concern without first obtaining a permit from the North Carolina Department of Environmental and Natural Resources, North Carolina General Statutes (N.C.G.S.) 113A-118. We have information that you, have undertaken or are legally responsible for minor development by the renovation of an existing nonconforming structure partially within the 30-foot Shoreline Buffer and i-nstallation of a sewer lift station within the 30-foot Shoreline Buffer, and by the installation of a new well and cover, water lines, and HVAC platform within the Estuarine Shoreline AEC contiguous with the Cape Fear River on the aforementioned property. Estuarine.. Shoreline areas are designated as Areas of Environmental Concern (AEC). No permit was issued to you for.work in this area. Based on these . findings, we are initiating an enforcement action by issuing this Notice of Violation for violation of the Mr., and Mrs. John Young -2- August 18, 2004 Coastal Area Management Act. You are hereby requested to IMMEDIATELY CEASE AND DESIST your unauthorized development activity and file the necessary application with this office for a CAMA Minor Development Permit by September 7, 2004. NO WORK MAY PROCEED UNTIL THE PERMIT IS ISSUED. A civil. assessment of up to $250 may be assessed against any violator. Each day that the development described in this Notice is continued or repeated may constitute a separate violation that is.subject to an additional assessment of $250. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C. G.S. 113A-126. It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of Fifty Dollars ($50.00) against all violations of this type, _ This is done to recoup some of the costs of investigating the Violation and/or to compensate the public for any damage .w4ts.natural resources. Whether a higher amount will be assessed will depend on several factors, including the' nature and area of the resources. affected and the extent of the damage to them. If restoration of the affected resources is requested, but is,. not undertaken or completed satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will be sought ordering restoration. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07K State Guidelines for Areas of Environmental Concern, the activity you have undertaken, specificaly, building renovations and land disturbing activities including the installation of a well and cover, HVAC platform, water lines and a lift station in the Estuarine Shoreline and 30 foot shoreline buffer, is not consistent with Section 1,5A NCAL07H.0209.d.10, which states that "within the Coastal Shoreline category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level. Therefore, we are requesting the removal of the lift station and water lines within the 30 foot buffer and that you apply for a Minor CAMA Development Permit for the well, well cover, HVAC platform and building renovations (either Minor Permit or exemption for maintenance and repair), and provide evidence of consistency with all applicable. Federal, State, and local ordinance regulations. If a permit cannot be authorized (either Minor CAMA Permit or exemption for maintenance and repair) for the building.renovations, the work done to the. building will have to be removed. Please refer to the enclosed Restoration Agreement. If you intend to cooperate with this request, please sign one of the attached Restoration Agreements and return it to me in the enclosed, self-addressed envelope with ten (10) days of receipt of this letter. Failure to comply with this request or respond back to this office prior to the requested deadline with an acceptable schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of Continuing Violation, as well as a court injunction being sought ordering compliance The relevant statutes and regulations are available from this office, and we are willing to assist you in complying with the requirements' of these laws. A site inspection will be made.in the immediate future.to determine compliance with this REQUEST TO CEASE AND DESIST. Mr. and Mrs. John Young -3- August 18, 2004 Upon my submission of an enforcement report to the District Manager, you will be notified as to the amount of a civil assessment for undertaking development without first obtaining the proper permit(s). Thank you for your time and cooperation in resolving this important matter. Sincerely, , Ann S. Hines Chief Zoning Enforcement Official and CAMA Local Permit Officer cc: Jim Gregson, NC Division of Coastal Management ✓Stonewall Mathis, NC Division of Coastal Management Roy Brownlow, NC Division of Coastal Management Debra D. Wilson, Assistant Chief Zoning Enforcement Official ENCLOSURE (cElyE AUG 2 3 2W4 ED DIVISION OF COASTAL MANAGEMENT Mr. and Mrs. John Young -4- August 18, 2004 r (0 *9 V B AUG 2 3 2004 RESTORATION PLAN For DIVISION OF Mr. and Mrs. John Young COASTAL MANAGEMENT Property located at 6700 River Road 1. Remove the HVAC platform, well and cover, and all water lines within the Estuarine Shoreline AEC, or apply for a CAMA Minor Development Permit for the well and cover. 2. Remove the sewer lift station and all water lines within the 30-foot Shoreline Buffer. 3. Remove all improvements made to the nonconforming building; or apply for either a CAMA Minor Development Permit or an exemption for maintenance and repair, providing documentation in the latter case showing maintenance and repair not to exceed 50% of the value of the building.. 4. 'Provide evidence of consistency with all applicable Federal, State and local regulations. I, John Young, agree to complete this restoration to the satisfaction of the Division of Coastal Management by September 7, 2004, or provide an explanation for non-compliance and a reasonable request for extension. SIGNATURE: DATE: It is the policy of the Coastal Resources Commission to levy minimum civil assessment $50.00 and higher against all violations of this Type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to require restoration. Ann S. Hines Chief Zoning Enforcement Official Mr. John M. Young 6700 River Road Wilmington, NC 28412 f,L( --b5q NEW HANOVER COUNTY INSPECTION SERVICES 230 Market Place Drive, Suite 110 WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798-7118 FAX: (910) 798-7060 RE: INCOMPLETE APPLICATION 6700 River Road Dear Mr. Young: September 1, 2004 D ECEIVE SEP 0 3 2004 OF COASTAL IMAONAGEMENT We originally accepted your application under the impression it was full and complete. On subsequent review, we have discovered that it lacks certain necessary information. Accordingly, we request you to complete the application to include the following information: The reasons for adjudging the application to be incomplete is as follows: 1. No description of project. 2. Need a complete set of plans. 3. Need Deed Book and page number of owner under Statement of Ownership. 4. Need square footage of lot and impervious surface coverage only within the 75' AEC. Accordingly, upon resubmission of a complete application, a local decision will be made in twenty-five (25) days, provided this period is not extended as provided by law. Sincerely, 9'P 9 - Z Debra D. Wilson CAMA Local Permit Officer DDW/hm Cc: Stonewall Mathis, NC Division of Coastal Management Ann S. Hines, Chief Zoning Enforcement Official AL'G.3072004 MON 09:43 AM NHC 114SPECTIONS FAX NO. 91079870E0 F. 02%04 oca!;t, NEW NANOVER COUNTY --- -- EEC O:ean Pazard Estuarine Shoreline ORW Shoreline_ _Public T St:orelire_G.her (For official use only) SEP 0 3 M GEINERaL INFOMIATION COAS DIVISION OF oR -- - - — ---------- - - — AL_MANAG-EMN�- - - -- - Name �: {d 'd!j 6Ga-�,3` Address _ I1ZOO a,ywrd4n/ Cir, &/.' zaJ StateZip-z.f9`/L Phone �P/,P-277-Ov72- AUTHORIZED AGENT Name Address City _ Stare Zip Phone LOCATION OF PROJECT: (Address, street name and/or directions to site. if not oceanfront, what is the name of the 4acent waierwy.) 4700 sf�dr.r. ��✓ !� v._;yin� ✓ .dG A�(d',,.... �Y f C-. gg P; i-g 4z I-e- DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) SIZE OF I.OTIPARCEL: square feet z. _ acres PROPOSED USE: Residential_ (Single-family `Muni-fanuly _ _) CortancicalJlndusttial Odier�'_ TOTAL ENCLOSED FLOOR AREA OF A BL71LDING Rq THE OCEAN HAZARD AREA OF ENVIRONMENTAL CONCEILN (AEC): x� 77square feet (includes all floors and roof covered decks) SIZE. OF BL'ILDWG FOOTFRLNT AND OTHER ZOERVIOUS OR BUMT-UPON SURFACES A' THE COASTAL SHORELLNE AREA OF ENVIRONMENTAL CONCERN (AEC): lj�5// square feet (Calculations includes the area of the rooflduip line of all bui'Id-rags, driveways, covered decks, concrete or masomy patios, etc. that are within the applicable AEC.XAuaeh your calcalaTims with the project drawing .) Choose the AEC area that applies to ypnr property: (1)within 75 feet ofNoraal High Water for the Estuarine Shoreline ALC (3)within 575 feet ofNarmal High Water for the Estuarine Shoreline AEC, adjacent to Outstanding Resource Waters (3)wnhin 30 feet of the Public Trust Shoreline ABC (Contact your Local-Perrmi Officer if you are not s rc wuicb AEC applies to your property.) STATE, STORMWATERMANAGENOM PERMIT: is the project located in an area subject to a State Storarwater Management Permit issued by the NC Division of Water. Qu*hry? YES_ NOS_ Lf yes, list the total built upon arealimpervious surface allowed for your lot or parcel. srrrare fee.. RECEIVED SEP 0 12004 AUG-30-2004 MON 09:43 AM NHC 'NSPECTIONS °RX NO, 91019871160 P. 03!04 OTHER PERt IITS .MAP IlE REQUIRED: The actirity you arc planning may require porinits other than the CAM tn4ror dc�'elapmut: Asa scnir.0 Xc have compiled a iisting of the kinds of permits that might be required. We sugecst you check over the list with your LPO to ccttnnine ifony of thc�e apply to your projcr_ 2onmg. Drinking P.•'ate: R'dl, Septic Tank (x other sanitay waste trummenr systcm), 9uming. E!nctricsl, Plumbing Hating and Air Conditioning, Insulation and Energy Conimaden. FIA Certification, Sand Dune, Sediment Conn•ol, Scbdicision Apptoral, Mobile Home Park• Apprq.2!, Highway, Conneutinn, and otitcrs. STATEMENT OF OWNERSHIP: .. - -- - _ - -- .. 6 ....,,.,..u" w.,.cc ur - ry man ..la. or a person authorized toact as an age tt for proposes ofapnlying for a CAMAA minor development permit, certify that the person listed as landowner on this application has a significant interest in the real property described therein. This interest can be described as: (check one), ar. owner or record title, Title is vested in o�H _�� c e 4 1= 0 �9041e 5,, see Deed Book page in the County Registry of Deeds. _an owner by virtue of inheritance. Applicant is an heir to the estate of probate was in _,— County, _if other interest, sueb as written contract or lease, explain below or use a separate•. sheet and attach to this application. . NOTMCATION OF ADJACENT PROPERTY OWNERS: I &Tthermore certify that the following persons are ownena of properim adjoining this property. I affirm that I have given ACTU•:li_ NOTICE to each of them conceming my intent to develop this property and to apply for a CAMA.peamit. . (Na=) (Address) {lj (3) FOR DEVFWPERS IN OCK4NHA7-kRD AND ESTUARINE HAZARD Autrey: I acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to trosion and/or flooding. I acknowledge that the }ocal,permitt offices has explained to me the p&rfimlar hazard problems associated with this lot. This explanation was accompanied by rcwmmertdatiors ooncerning stabilimdon and floodproofmg techniques. TO ENTER ON LAND: I fstbermarecertify that I am authorized to grant and do in fad V%W permission to the local permit officer and bis agent to eotnt on the aforementioned lands in connection with evaluating information related to this permit application This application includes: general information (this form), A s to drawing as described on the back of this application, the ownership statement, the AEC hazard notice where necessary, : check for $100.00 made payable to the locality, and any information as may be provided orally by the applicant. The details of the application as descrine:d by these so=es are incorporated without reference in any permit which rnay be issued. Deviariort from these details will oonst'cruta a violation of any permit Any person developing in an AEC without permit is subject to civil, crimiial and a imaiis tafivei action. SCEIV E This SEP 0 3 2004 ---;e DIVISION OF for; COASTAL MANAGEMENT RECEIVED SEP 0 1 2004 If mailing letter, please send as: CERTIFIED MAIL, RETURN RECEIPT REQUESTED a e: Dear ,w-,4 , A o,-/,/y This letter is to notify you, as an adjacent riparian landowner, that Mr./Mrs. plans to caastfuct,>.,/ZF.*J.e 71 ram/ irti �r �; T,, >r [,ji fr►r, on their property, located at 7 714 in (The sketch on the reverse side accurately depicts the proposed construction) Should you have no objections to this proposal: Please place a check (✓) at the appropriate statement below, sign and date this letter and return to: as soon as possible. Should you have objections to this proposal please send your written comments to: CAMA Local Permit Officer New Hanover County Inspections Department Zoning Division 230 Market Place Drive, Suite 110 Wilmington, North Carolina, 28403 Comments will be considered up until the time of issuance of a permit. Sincerely, — I have no objections to the project as presently proposed. — I have objections to the project as presently;yoposed and have enclosed comments. "i J(OFlvED J SEP 0 3 2004 DIVISION OF COASTAL MANAGEMENT 9Z�o Date RECEIVED SEP 0 200 If mailing letter, please send as: CERTIFIED MAIL RETURN RECEIPT REQUESTED Dearrcfv t✓. /so_� ECEIVE SEP 0 3 2004 N OF COASTAL IIMAO AGEMFnrT This letter is to notify you, as an adjacent riparian landowner, that Mr./Mrs./,,. y�p plans to canstruct.,L L hnt�r�g on their property, located at C7oo in (The sketch on the reverse side accurately depicts the proposed construction) Should you have no objections to thisproposal: Please place a check (✓) at the appropriate statement below, sign and date this letter and return to: as soon as possible. Should you have obiections to this proposal please send your written comments to: CAMA Local Permit Officer New Hanover County Inspections Department Zoning Division 230 Market Place Drive, Suite 110 Wilmington, North Carolina, 28403 Comments will be considered up until the time of Issuance of a permit. Sincerely, JI have no objections to the project as presently proposed. — I have objections to the project as presently proposed and have enclosed comments. Signature IIFCFIVED SEP 0 12004 /���y Date If mailing letter, please send as: CERTIFIED MAIL RETURN RECEIPT REQUESTED SEP C 3 2004 E(OE:vED DIVISION OF COASTAL MANAGEMENT This letter is to notify you, as an adjacent riparian landowner, that Mr./Mrs. 7o,/. plans to ceastruci on their property, located at in 1;z.1- 1 a a✓ T (The sketch on the reverse side accurately depicts the proposed construction) Should you have no objections to this proposal: Please place a check (✓) at the appropriate statement below, sign and date this letter and return to: as soon as possible. Should you have obiections to this proposal please send your written comments to: CAMA Local Permit Officer New Hanover County Inspections Department Zoning Division 230 Market Place Drive, Suite 110 Wilmington, North Carolina, 28403 Comments will be considered up until the time of issuance of a permit. Sincerely, have no objections to the project as presently proposed. I have objections to the project as presently proposed and have enclosed comments. Signature ggGE1V�D SEP 0 12004 Date 77 'CeoG PH YS CER77FICA7E OF SURWYOR i Brian N. Hobbs do certify that under my directlm and supervision, the attached physkal surroy was drawn prom an actual surety made under my superwNm. Mot the ratio o/ departures,is 1: 10, DOPE, Xtness my <v S R.L.S. L 122 N39'29'39"W 37.61' l..f ✓a � / Bloc 71 Garage tt A��a�tc aid CAPE FEAR RIVER n Conc I I Boat Ramp ?a �g 2 N1���,42 a EIZP N14'O8'1 �W. m 6 E m o o, 12 9.4.3' Utility Pole raj N 00 ao n /f 1 B. B. Willoughby DB 818, Pg 43 Legend New Iron pipe o Existing Iron pipe Control Corner Existing Iron Pipe J2'11'05"E 32.07• 2.99 Ac Lake This property Is located in the Z 100 Year Flood Boundary as Referenced N Community Panel Number 370168 0105 D. �rn p Map revised April 15, 1986. ! p m M 47.4' ) w d) c..1 StorpE'` Block/W od o it lr n/f Dwelling L Earl B Wilson, Jr to & Judith P. Wilson DB 1274, Pg 1398 Well House VICINITY MAP N.T.S. 159.28' SCV� EIP N SEP 0 3 2W4 ED of DIVISION OF N COASTAL MANAGE E w ir) . d- Access Easement Referenced to DB 1274, Pg 1398. Being the same Easement Described in DB 1216, Pg 1682 o n /f 0 `�111111111ttttt� - Alton & Yvone ARON,a '=Z '' 1STf,q, lf;le _N' 'N DB 932,Pg 07 SEAL `�� 9" oa aEGE1V�ll SE P 0 1 i ar_ L-3122 d N O 50� 20T45„W 'PUG730-2004 MDN 09:43 AM NHC INSPECTIONS Lacs I1 ty NEW HANOVER COUNW FAX NO. 9107987060 P. 02/04 P it Number Ocean Hazard Estuarine Shoreline ORW Shomlina _. A"U; Eher (For official use only' - Iry, GENERAL INFOPUNIATION SEP 2 9 2004 LAND OWNER CDIVISION OF OASTAL MANAGEMFn1T Name T � r"! �-16et' - Address _/ Z0,0 &r, '✓ ere X / City t�w, c.7�n� r State2e_�Zip Phone ZIP -27` ,007Z AUTHORIZED AGENT Name Gggrug Addre.s City — - — State Zip Phone LOCATION OF PROJECT: (Address; street `name and/or directions to site. If not oceanfront, what is the name of the 4aeentwarcd*dy.) 4%Op gf';P'-'�N._.LiJ.��sn nia yy �C.�„ j�a i.i�i �6 Cs4gs i-wAr.z/M DESCRIPTION OF PROJECT: (List all proposed construe6cm and land disrarbance.) SrrTis/i s, .�.t�. �w C1 u/wi� /�C_l.f>.dt ry c.r i/TkLi/�fd/As �/sl f cis. SIZE OF'LOT/PARCEL: o a. god square feet acres PROPOSED USE: Residential_ (Single-fautily _ Multi-fanttly _ _) CoaanericaUlndusttial Ott e �_ TOTAL ENCLOSED FLOOR AREA OF A BLU Drnr ; IN TM OCEAN HAZARD AREA OF E11'VIR011'MEA'TAL CONCERN (AEC): �; lve sgmwe feat (includes all floors and roof covered decks) SIZE. OF BL7LDLNG FOOTPRLNT AND OTHER ih1PER VIOUS OR BUMT-UPON SURFACES IN THE COASTAL SHOREL2M AREA OF ENVIRONMEA'TAL CONCERN (AEC):.1 square feet (Calculations includes the arcs of the roof/drip line of all buildings, driveways, covered decks, concrete or masonry patios, etc. that are within: the applicable AEC.XAtraah your calculations with the lrojec: drawing .) Choose the AEC area that applies to ypur property: , (1)wiffrin 75 feet ofNormal High Water for the Estuarine Shoreline AEC (2)within 575 feet of Normal High Water for the Estuarine Shoeelme AEC, adjacent to Outstanding Resource Waters (3)nntlik 30 feet of the Public Trust Shoreline AEC (Contact your Local-Permii Officer if you are not sure which AEC applies to your property.) STATE STORMWATER MANAGEMENT PERMIT: is the project located in an area subject to a State Stormwater Management Permit issued by the NC Division of Water Qu4irP YES_ ti0--I�-- Uyes, list the total built upon area/impervious surface allowed for your lot or parcel. square feet. Ri-CHNIED SEP 0 12004 ,AUG-30-2004 MON 09:43 AM NHC INSPECTIONS FAX NO. 9107987060 P. 03/04 OTHER PERx1ITS ;rIAY BE REQUIRED: Tnc acdvhv. you arc planning may require porrnix other than the CAM minor dcveloprnea pM. ac. Asa sen ire we have compiled a listing of the kinds or permits that might be acquired. We sugyml von eh erjTylt�{�!l-i�dwyi gyp ccterminc irany of thc.e apply to yaw project Zoning. Drinking %Vaccrl�t all, Septic Tank (or other amiu+. w IF'r•Y`tl �;t $�[O to Elccn i* Plumbing H=ting and Air Condidoning, Insulation and Ene v Confervation. FIA Ceniflcari1, Subdivision Approval, Mobile Home Park Approval, Highway, Connection, and others. STA T EMENT OF OWNERSHIP: SEP 2 9 2004 I, the undersigned, an applicant for a CAMA minor development permit, being either. D t nAEC o: a person attfhorized to act as an agent for proposes of applying for a CAM 0. minor developer'x N T person listed as landowner on this application has a significant interest in the real property described therein. This interest can be des=W as: (check one), an owner or record title, Title is vested in (� ,dr e Frw. ra r� see Deed Book 771re `Y page _ZZ in the �..., « �. County Registry of Deeds. . an owner by virtue of inheritance. Applicant is an heir to the estate of probate was in County, if other interest, such as written oontract or lease, explain below or use, a separate sheet and attach to Arts application. . NOTMCATTON OF AWA.CENT PROPERTY OWNERS: I furdtcmoore certify that the following persons are owners ofproper`ies adjoining this property. I affrtta thaz I have given ACTUAL NOTICE to each of therm Cotrceining my intent to develop this property and to apply for a CAMA..permit, (Name) (Address' a' 1 a'at• 1 a : a � a. l acixiowicdgc that the land owner is aware that the proposed development is planned for an area which may be susceptible to erosion attdlor flooding. I acknowledge that the }ocai,pendt of'ficar has explained to me the particular hazard problems associated with this lot. This explanation was accorupanied by recommendations ooneeming stabilization and floodprooSng techniques. PERMISSION TO ENTER ON LAND: I fi=hetmorecertify that I am authorized to grant and do in fad giant permission to the local permit offioer and his agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. This application includes: general information (this form), A sire drawing as described on the back of this application, tune ownership statement, the AEC hazard notice where necessary, &-check for sloo.00 made payable to the locality, and any nformation as taay be,prordded orally by the applicant. The details of the application as descrined by these sources are utctnporated without reference in any permit which may be issued. beviation from these details vAH constiatte a violation of arty permit. Any person developing in an AEC without permit is subject to civil, criminal and adruinistrative action. This the`%O Z day of „ rum , 20 oae rdv:pav fottfa ?Az itta�DPosestiR.arlicrogneitt RECEIVED SEP 0 1 2004 L' �.'. TL13M.3clAlhf,PJl .1�,{ %?,r�.`):.' ET MII VE If mailing letter, please send as: SEP 2 S. 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED COASTAL DIVISION OF MANAGEMENT Date: Dear. ie ,0 k This letter is to notify you, as an adjacent riparian landowner, that Mr./Mrs. _ l n6, plans to oons#Fuct�, on their property- Y�located at in (The sketch on the reverse side accurately depicts the proposed construction) Q q 05V Should you have no objections to this pro oral: Please place a check (✓) at the appropriate statement below, sign and date this letter and return to: as soon as possible. ah-ould you have objections to this proposal, please send your written comments to: CAMA Local Permit Officer New Hanover County Inspections Department Zoning Division 230 Market Place Drive, Suite 110 Wilmington, North Carolina, 28403 Comments will be considered up until the time of issuance of a permit. Sincerely, _. I have no objections to the project as presently proposed. I have objections to the project as presentlyRoposed and have epclost comments. 9 21 RECEIVED SEP 0 ZQQ Date If mailing letter, please send as: CERTIFIED MAIL RETURN RECEIPT REQUESTED Dear_ -7- d✓,'/So�✓ E(cEHvE SEP 2 9 2004 DIVISION OF COASTAL MANAGEMENT Date: This letter is to notify you, as an adjacent riparian landowner, that Mr./Mrs. �o�io�iwd.✓f+ plans to coAstruct d d„nl� J, A,l 4. ,Do/ on their property, located at /7oa In x..� //-s r c ✓ i"� __-T (The sketch on the reverse side accurately depicts the proposed construction) e(06' Should you have no objections to this proposal: Please place a check (✓) at the appropriate statement below, sign and date this letter and return to: as soon as possible. Should you have obiections to this proposal please send your written comments to: CAMA Local Permit Officer New Hanover County Inspections Department Zoning Division 230 Market Place Drive, Suite 110 Wilmington, North Carolina, 28403 Comments will be considered up until the time of Issuance of a permit. Sincerely, I have no objections to the project as presently proposed. — I have objections to the project as presently proposed and have enclosed comments. Signature RECEIVED SEP 0 12004 P-lz�®'Y Date sr,07, b �T �� Y`•.� ���In rw 1"V VIAfv,' AO0 If mailing letter, please send as: CERTIFIED MAIL RETURN RECEIPT REQUESTED ECE'vE SEP 2 9: 2004 OF COASTALIMAO AGEMENT Date: Ufa&�r�y This letter is to notify you, as an adjacent riparian landowner, that Mr./Mrs. plans to eonstructT�.�j on their property, located at J, 70 w, y_ _ v (The sketch on the reverse side accurately depicts the proposed construction) Should you have no objections to this proposal: Please place a check (✓) at the appropriate statement below, sign and date this letter and return to: as soon as possible. Should you have obiertions to this proposal please send your written comments to: CAMA Local Permit Officer New Hanover County Inspectioris Department Zoning Division 230 Market Place Drive, Suite 110 Wilmington, North Carolina, 28403 G6mments will be considered up until the time of issuance of a permit. Sincerely, have no objections to the project as presently proposed. I have objections to the project as presently proposed and have enclosed comments. Signature g$GEIVED SEP 0 12004 rr/ems/ � Date 6�-o5q WESSELL & 12ANEY, L.L.P. ATPORNEYB AT LAW POST OFFICE BOX 1049 WILMINGTON, NORTH CAROLINA 28402-1049 Joa C. WESS L, III WESSEIa.@EEr.LSO=.NET WI1. A. RAr Y, JR. WARANEY@EELLSOUTH,� VIA HAND DELIVERY Ms. Ann S. Hines Chief Zoning Enforcement New Hanover County Inspection Services Zoning Division 230 Market Place Drive, Wilmington, NC 28403 Dear Ann: September 21, 2004 Officer Suite 110 STREET ADDRESS: 107-B NORTH 2"O STREET WML GTON, NC 28401 TELEPHONE: 910-762-7475 FAUSID : 910-762-7557 ECEIVED SEP 2 9 2004 OF COASTAL DIVIM O AGEMENT Re: Property of John Young, 6700 River Road, Accessory building adjacent to Cape Fear River, your correspondence of August 18, 2004 This letter is written as a response to your correspondence to John Young of August 18, 2004 and to provide your office with a restoration plan consistent with the requirements of that letter and our subsequent telephone conversations. RESTORATION PLAN 1. Flnnci Plain Nnnrnmfnrmity, It is the position of the property owner, Mr. Young, that the improvements he has made to the building in question do not exceed 50% of the market value of the structure before the start of the proposed work. The value of the structure before work was begun, taking into consideration a 4% depreciation value applied by the appraiser, was $14,364.00. A copy of the appraisal report prepared for this property dated June 30, 2003 by Robert Gaddy is attached to this correspondence. 50% of that value is $7,182.00. The total cost of the labor and materials involved in the' work done by Mr. Young is $6,474.00 (see Exhibits attached outlining these costs). This total is less than 50% of the appraised value of the structure before the start of the proposed work and therefore does not equate to "substantial improvement". Please note that in determining the value of the materials we have deleted from the list previously provided to you the cost of the grinder pump at $390.00, the cost of a shower at $120.00 and $100.00 from the cost of pipe and fittings. It is our understanding that the grinder pump and the pipe and fittings outside of the building are not included in the cost attributable to the repairs of the building. As set forth in paragraph 3 below, the shower will be removed from the building. RECEIVED crP 1 2 2004 oq-dsl 2. CnnstrnCtinn Within The 40 Pnnt 4hnreIine Ruffer. It is our understanding that the sewer lift station may not be located within the 301. shoreline buffer. Mr. Young will relocate the sewer lift station out of the 30' shoreline buffer. It is further our understanding that underground pipe may remain within the 30, shoreline buffer and that pipe will remain in place. 3. Ruildinq Cnde Issues, To the extent Mr. Young is required to secure a building permit, he will do so. In addition, the plumbing fixtures which have been installed as addressed in paragraph 2(b) of your letter of August 18, 2004, will be dealt with as follows: a. The shower will be removed. b. The sink, water closet, water heater and washer will be elevated to a point at or above base flood elevation for this area which we understand is Elevation 10 feet. 4. Application for CAMA permit, Enclosed with this correspondence is the amended Application for CAMA Permit that was originally submitted on September 1, 2004 together with a check payable to New Hanover County in the amount of $100.00. This application was returned to Mr. Young by Deborah Wilson by letter dated September 1, 2004 indicating that certain aspects of the application were incomplete. I believe all missing items have been provided with the exception of a "complete set of plans". Given the nature of the work involved, it would be most unusual for a set of plans to be prepared. We do not have plans but if this presents a major issue, please contact me so we can discuss how to address it. S. Comnletinn of Restoration plan, The owner requests that he be given 30 days from the issuance of all required permits to complete the items identified in this restoration plan. I thank you and the members of your staff for your cooperation and assistance with this matter. Please call me with any questions. Yours very truly, WESSELL & RANEY, L.L.P. (2 L John C. Wessell, II D //� T v JCW: do I`I�J' Enclosures CC: Mr. John Young SEP 2 S 2004 Jcr\Z0nin9\w04-12 o-co3 D I V I S I O N I'D COASTALMANAGEMENI RECEIVED Crp ') 2 W4 !. EQUIPMENT LIST EQUIPMENT COST HVAC $1,150.00 Windows 270.00 Doors 1,220.00 Carpet Tile Mastic and grout Wood Pipe and fittings Fixtures Plywood Siding Hardware Sheetrock i Paint Electrical (parts and labor) TOTAL 425.00 135.00 40.00 420.00 130.00 630.00 75.00 115.00 144.00 155.00 120.00 $5,349.00 S17P 1 1004 �� COASTAL ISION OF J MANAGEMENT o 4 -e51� LABOR JOB DESCRIPTION # OF WORKERS HOURS HOTTRT V RATE TOTAT Sheetrock 2 8 $7/hour -CHARGES $112.00 Painting 2 24 $5.50/hour; 1 person ij day at $9/hour 278.00 Install doors 2 6 $8.50/hour 102.00 Framing 1 8 $7.50/hour 60.00 Tile 2 16 $7.50/hour 240.00 HVAC 1.5 12 $9/hour 162.00 Gables and siding 2 8 $9/hour 144.00 Windows 1 3 $9/hour 27.00 TOTAL $1,125.00 SEP 2 9 2004 COgs AFL MNAGEMENT D wl -05q NOTICE OF FILING OF APPLICATION FOR CAMA MINOR DEVELOPMENT PERMIT Please run the following NOTICE(s) in a one -column advertisement under "Legal Notice" PLEASE PUBLISH on Thursday, September 30, 2004. I will need the usual affidavit of publication. Pursuant to NCGS 113A-119(B), New Hanover County, a locality authorized to issue CAMA permits in Areas of Environmental Concem, hereby gives NOTICE that on September 28, 2004, Mr. Johnnie C. Baker, has applied for a Minor CAMA Permit to erect a canopy over an existing wait area -at 1414 Airlie Road, in Wilmington, NC. (04-053) Mr. John M. Young, has applied for a Minor CAMA Permit to install a sink, toilet, washer, lift station, a well, a well house and HVAC platform at 6700 River Road, in Wilmington, NC. (04-054) The applications may be inspected at the address below. Public comments received by October 10, 2004 will be considered. Later comments will be accepted and considered up to the time of the permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. p-,A*- .,9, z Debra D. Wilson CAMA Local Permit Officer For New Hanover County Address: 230 Market Place Drive, Suite 110 Wilmington, N.C. 28403 Telephone: (910) 798-7118 EcEEvE SEP 2 9 2004 DIVISION OF COASTAL MANAGEMENT GKG KCAL to1Ale aerevlt..r_a UNIF(,..M RESIDENTIAL APPRAISAL :PORT V %t;,-v, r or Location Urban Built up Over 75% Growth rate Rapid I X X X I Suburban Rural 25-75% Under 25% Sleble Slow Predominant occupancy X Owner Single family housing AGE Noo�o) (,) 150M Low -0- Present land use % One family 100 2-41amiy Lard use change X Not likely ❑ Likely g In process Property values in X Stable Declining Tenant 900+ HI h 50 Multi-hmily To: -'. Demand/supply Shortage X In balance Oren supply X variantPredominant Commercial 3 0- - 0 Marketingtime Under 3 mos. X 3{ mos. over B mos. Vacant over5% Note: race and the racial composition of the neighborhood are not appraisal factors. r Neighborhood bounden" and characteristics: NORTH - WLMINGTON CITY LIMITS' EAST - RIVER RD.' SOUTH - SNOWS CUT' Factors that affect the marketability of the properties in the neighborhood (proximity to employment and amenities, employment stability, appeal to market, etc.): Market conditions in the subject neighborhood (including support for the above conclusions related to the trend of property values, demand/suppty, and marketing time — such as data on competitive properties for sale in the neighborhood, description of the prevalence of sales and financing concessions, etc.): Project Information for PUDs (If applicable) -- Is the developer/builder in control of the Home Owners Association (HOA19 I I , 1b/fef' Approximate total number of units in the subject project N/A Approximate total number of units for sale . subject project Dimensions SEE COMMENTS TopographyCO Size ACREAGE Site area 2.99 ACRES Comer La Yes LL(J No Specific zoning classification and description RESIDENTIAL R-15 Shape RECTANGLE Zoning compliance X❑ Legal 0 Legal noncordonning (Grandrathered use) LJ Illegal U No Zoning Drainage APPEARS ADEQUATE ADEQUATE Hi hest & best use as irn roved: X Present use Other use (explain) Yew Landscaping RIVER AVERAGE Utilities Public Other Off -site Improvements Type Public Private Electricity X Street ASPHALT X Driveway Surface GRAVEL Gas ❑ INDIVIDUALCurb/guiter Wq Apparent easements DE RMINE BY SURVE Water WELL Sidewalk N/A FEMA Special Flood Hazard A; X Ym No Sanitary sewer $ TIC TAN Street lights ��� FEMAZone A7 Map Dale 4115/86 Comments (apparent adverse easements, encroachments, special assessments, slide areas, Illegal or legal nonconforming zoning use, etc.): GENERAL DESCRIPTION No. of Units No. of Stories Type (Del./Aft DE Design (Style) i ST Existing/Proposed EXIS Ate (Yrs.) 2 EXTERIOR DESCRIPTION Foundation BM Exterior Walls SIC Roof Surface COMI Gutters & Dwnspts. OVEF Window Type \/ Stow/Screens SCR FOUNDATION Slab Crawl Space Basement _ Sump Pump Dampness _ Settlement BASEMENT Area Sq. Ft. % Finished Ceiling Walls Floor Outside EM y INSULATION Roof Ceiling Wells Floor None Unknown 2(X _ X INTERIOR Materials/Condition HEATING KITCHEN EQUIP. ATTIC AMENITIES CAR STORAGE Floors CERICIPT Type FA Refrigerator None Fireplace(s)i N/A None ❑ Walls P G/ ALL Fuel C. Range/Oven X Stairs Patio 256SF _ X Garage STORE of cars Trim/Finish WOOD Condition AVER. Disposal X, Drop Stair Deck 903SF X Attached Beth Floor CER COOLING Dishwasher X Scuttle X Porch 240SF X Detached 918$F Bath Wainscot CER. Central FA Fan/Hood X Floor Fence Built -In Doors HOLLOW Other Microwave ❑X Heated ❑ Pool Carport 282SF Additional features (special energy efficient items, Condition of the improvements, depreciation (physical, functional, and external), repairs needed, quality of construction, remodelingladditions, etc.: 4usr sett. tint 1 UN STQRAGE OUILDING AND IN FAR CONDITION. a IT ADDS NO SIGNIFICANT VALUE. Adverse environmental conditions (such as, but not limited to, hazardous wastes, toxic substances, etc.) present In the Improvements, on the site, or In the immediate vicinity ofthe subject Property.: NO ENVIRONMENTAL REPORT FURNISHED FOR REVIEW. Freddie Mac Form 70 693 C1kWMMS Real Eshte Appnbal San m by BmftM Twhnobges (eoo) W47V Fannie Mae Form 1004 (693) RECEIVED SEP 2 ?. Anna l]RU RCHL C.I IMIG OCRVIVCs� ,7 Ly ValnaNnd Setter, UNIM..A RESIDENTIAL APPRAISAL F ?ORT File No. YOUNG_6013 ------- -------- ESTIMATED SITE VALUE ,, , , , , , , , , S 540.00 ESTIMATED REPRODUCTION COST -NEW -OF IMPROVEMENTS: a Dwelling 1,696 Sq. Ft. @ $ 58.00 ' S 98,368 BSmt N/A Sq. Ft. @$ 0 C ! TO/CARPORT 16,242 ' Garege/Carport 918 Sq, Ft. @$ 16.30 14,963 • Total Estimated Cost New = $ 129,573 e Less Physical 4 unctional External ' Depreciation 5,183 =$ 518 Comments on Cost Approach (such as, source of cost estimate, site value, square foot calculation and for HUD, VA and FmHA, the estimated remaining economic life of the property):THE COST APPROACH IS DRAWN FROM THE MARKET AND THE AR AL & SWIFT COST SERVICE. EFFECTIVE AGE/LIFE METHOD IS THE BASIS FOR IDEPRECIATION. Depreciated Value of Improvements ............. -$ 124 39 "As is' Value of SRO Improvements ................. _ $ 5. 00 INDICATED VALUE BY COST APPROACH ......... • $ 669.39d Est Rem Econ Life: 85 I'm ITEM I SUBJECT COMPARABLE NO. t COMPARABLE NO.2 COMPARABLE NO.3 6700 RIVER RD. Address WIL INGTON 5513 PEDEN POI T 257 HEN DR. 132 INLET POINT DR. Proximity to Subject 3 MIL S 4 MILES 3 MILES Saks Price $ 625,000 480,000 ' ?,t5,i '_'' 460,000 365 000 Pdce/Gross Liv. Area $ 368.51 $ 211.11 $ 209.09 . i� $ 192.00 Data and/or Verification Source CONTRACT INSPECTION MLS I PUBLIC RECORDS MLS PUBLIC RCORDS MLS I PUBLIC RECORDS VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION «-$Adjushnord DESCRIPTION «-$Ad'ustment DESCRIPTION «- Ad'ustment Saks or Financing Concessions I. NONE REPORTED NONE REPORTED NONE REPORTED -0- Date of sale/Time * " 3/03 4 7/02 -0 8 02 -0- Location SUBURBAN SUBURBAN -0- SUBU BAN -0 SUBURBAN -0 Leaselrold/Fee Simple Fee Simple Fee Simple -0- Fee Simple -0 Fee Sim le -0- site 2.99 ACRES .3 ACRES 4 .73 ACRES -0 .35 ACRES -0- View RIVER WATERWAY +270.000 STNVATER +238.0001 ST.NVATERWY +305 00 Design and Appeal 1 STORY/AVER, 2 STORY/AVER. -0- 2 STOR YLAVER. 1ST0 /AVER. -0- Quality of construction GOOD GOOD 0 00 GOOD GOO -10 00 Age 26/REMODELED 91EQLEFF. -0 28/ EMOD -0 11/ L F. -0 Condition VERY GOOD VERY GOOD -0 RY OD ERY GOOD -0 Above Grade Total Bin, Sofa TOW Items Baths ToW Berme Bafrs Total same Befa Room Count 6 3 3,00 6 3 3.00 0 6 3 1 2. +80 7 2.00 +2.40 Gross Living Area 6 6 Sq. Ft. 1,800 Sq. Ft. -3.328 2.200 Sq. Ft. -16.128 1,901 Sq. Ft. -6 5 Basement & Finished ' Rooms Below Grade NIA N/A -0 N/A -0 N/A -0 Functional Utility V AVERAGE AVERAGE -0 AVERAGE -0 a Heatin Coolin A FA/FA -0 EA/FA -0 FAIFA -0- Energy FMckntItems INSULADWS INSUL.WDWS. NSU .WDWS. I SUL. DW -0- Garage/Carport STOR 1CPJ. DSL GAR BL G BL GAR. -0- Porch, Patio, Deck, Firece s etc. PCHIDK PCH/SCRDK/D -3,00 PCH/DK F -0 -2.00 PCH/DK FPL -0 -2 0 Fence Pool etc. NIA N/ -0 N/A -0 N/A -0- FEATURESLPL. APPLIANCES +100 APPLIANC S +1 00 APPLIANCES +1 00 Net Ad. N . -. -.., X + $ 252 672 X + $ 221 672 X + S 289 840 Adjusted Sales Price of Comparable 3 a v, .L��,trr v a w . `. t °; 63 672 - ,u $-; 681,672 654,840 Comments on sales Comparison (including the subject property's compatibility to the nelghbortrood, etc.): ALL COMPARABLES ARE COMPETITIVE PROPERTIES IN THE SUBJECTSMARKET, COMPARABLE1 ALIGNS BEST WITH THE SUBJECT A AS WEIGHTED CONSIDERATION IN THE VALUE INDICATED. LARGE ADJUSTMENTS CAUSED BY DIFFERENCE IN LOT VALUES. THE LACK OF RECENT ADEQUATE AL S IN THE IMMEDIATE NEIGHBORHOOD FORCES THE USE OF THOSE ER I MILE FROM SUBJECT ANDIOR OVER 6 MONTHS OLD. SEE COMMENTS. ITEM I SUBJECT I COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3 Date, Price and Data source, for prior sales within arofe rekal 3YRHISTORY SLD5/98$264K TAX OFFICE NONE REPORTED TAX OFFICE NONE REPORTED A NONE REPORTED OFFICE Analysis of any cunent agreement of sale, option, or listing of the subject property and analysis of any prior sales of subject and comperables within one year of the date of appraisal. CONTRACT APPEARS STANDARD EXCEPTING CONTINGENCIES. INDICATED VALUE BY SALES COMPARISON APPROACH ..............................................$ 645.0013 INDICATED VALUE BY INCOME APPROACH It Applicable) Estimated Market Rent $ IMo.x Gross Rent Multi Iler '$NIA This appraisal Is made X 'as le" subject to the repaim, alterations, inspections or conditions listed below subject to completion per plans and specifications. ConmtlonsofAppraisai: NO PERSONAL PROPERTY INCLUDED. RENTAL RATES ARE NOT A DETERMINING FACTOR OF VALUES IN THIS MARKET. THIS IS A LIMITED ANALYSIS SUMMARY APPRAISAL REPO Final Reconelliation: THE MARKET APPROACH BEST DEVELOPS AN ESTIMATE OF VALUE FOR THE SUBJECT. THE COST APPROACH IS SUPPORTIVE. The purpose of this appraisal is to estimate the market value of the real property that is subject to this report, based on the above conditions and the certification, contingent and limiting conditions, and market viol d9fiiu io' are stated in thaitkchad Freddie Mac Form 439/Fannie Mae Form 1004E (Revised 6193 ). 1(WE) ESTIMATE THE .-MARKET _.VTHE REAL PROPERTY THAT Is THE SUBJECT OF THIS REPORT, AS OF 6/24/03 (WHICH IS THE TEDA OF INSP AII16TIVE DATE OF THIS REPORT) TO BE $ 645,000 APPRAISER: a SUPERVISORY APPRAISER (ONLY IF REQUIRED): a Signature Signature ❑ DW ❑ Did Not Name T' Name Inspect Property I i af. Date Re Sign 6/30/03 ra Data Report Signed State Certification # A89 Ste State Certification # Or State License # State Or stela License If State Freddie Mae Form 70 "3 CIkaFORMS Real Estate Appneal So1Mars by Bradford TechnologAs IBM) 622-8727 F rrl"r CCD 7 � 71A►q Form 1 93) L� JLI RECEIVED SEP 2 2 2004 DIVISIONaOF►AcnIT COMMENT ADDENDUM File No. YOUNU6UJ 9orrovrr YOUNG -- wooertrAddress 6700 RIVER Rom...---..._...---..-. --- City WILMINGTON-,._____..___.._ ___gaaoty NEW HANOVER ___..._. state N.0 __ L�code28412 Lendwsaism COOPERATIVE BWK _ Address 201 MARKET ST WILMINGTON N C 28401 _ SITE DIMINSIONS: 37.61'X76.65'X32.07'X72.2'X129.43'X590'X159.28'X289.7'X40.26'X870' 2.99 ACRES SALES DATA ANALYSES COMMENTS CONTINUED. NO SALES WERE FOUND WITH SUBJECTS HEATED SQUARE FOOTAGE IN THE SUBJECTS RIVERFRONT LOCATION. SALES WERE CHOSEN FROM COMPETING WATERFRONT LOCATIONS WHERE HEATED SQUARE FOOTAGE WAS CLOSER TO SUBJECT. NO ACREAGE SALES WERE FOUND IN COMPETING WATER LOCATIONS TO COMPARE TO SUBJECT FORCING LARGE ADJUSTMENTS FOR DIFFERENCES IN LOT VALUES. Tm 0 q' IV16 SEP 2 9 2m4 OF COAS AILIMAO AGEMENT Gl,o IRMS Reel E.MM Appmivl SOBwere by Br*ftw Te hnolo,e (BOB) 622 727 RECEIVED SEP 2 2 2004 j r�;' `' Y'���� �. 4�%• ,... _ _ p�l��nC��L���J � _..i _...!� Yif `.1 o q osv FLOOR PLAN. 6700 RIVER RD. 34.177p0.17'- 1304 15.67W433' - 301 ono vc _u HEATED SQ.FTG. 10' DEC 34.17' BATH T 15 67' 1' BATH LAUNDRY BATH 2433' BEDROOM BEDROOM BEDROOM TKTT, LIVING ROOM 1� DINING ROOM E DEC( 30.17' ---- i� ECEE VIA SEP 2 9 2004 DIVISION OF COASTAL MANAGEMENT 16' IAA PATIO 1.83, 16' 1425' 12.5' 1 28.25. DECK RECEIVED SEI' L `l (u"N t d1:� iRdnrf fop{ i �5. w.i r i77I1 rep; �� r�rarlsG 6N� DAB Bi{ r,�0 L' +; u h .uil��,f.�,u9..�*�F>an�ilwvw�e�+atCu��<, �+. �retuai,v�r �algr x I KA u M6.JU111 rile 140. 7 Ul mv Borm,ner YOUNG — ------ —..— — - ------- ................ Property Address 6700 RIVER RD. city WILMINGTON -nty WHANOVER ------- Lender/Client COOPERATIVE BANK Address 201 MARKET SLTyMLIULINGION,N.q284011 -_ ..... ..........— STORAGE BUILDING 9 4�0 0 I&CEIVED SEP 2 9 2004 DIVISION OF COASTAL MANAGEMENT RIVER VIEW TIDAL POND ClicidFORMS Real Estate Appraisal Sollb,eaps by Bradford Techpologips, (800) 022-E1727 RECEIVED SEP 2 2 2004 UUMV KAUL-rzo [-/-a r-nu 1 u P' ljw�lmuulv, FlIeNa IvulvvtrvJ 13or , YOUNG --- --- E!m .pwy_mdrm 00 RlVEfj,RD. gy-JALILMINGTON _gouq!>_REW HANOVER N.0 LencWr—lient COOPERATIVE BANK Address— 201 MARKET ........... COMPARABLE SALE: #1 Address 5513 PEDEN POINT 6qA5,f Fj(0ElVE'---% SEP 2 gr 2wh D DIVISION OF COASTAL MANAGEMENT COMPARABLE SALE #2 Address 257 MARSH HEN DR. COMPARABLE SALE #3 Address 132 INLET POINT DR. Clic FO MS R"] Eslale Appraisal Software by Bradford Technologies (800) 622-8727 RECOVED SEp 2 2 2O04 • PLAT MAP ADDENDUM Fibs No. y_OUNG603 PyWetL ayeaa . 6700 RIVER RD _._ City, WILMINGTON, County NEW HANOVER ____.._...._. State N.0 _ zia�.28412 LerWeo'Gism COOPERATIVE BANK Addmaa 201 MARKET ST.. WILMINGTON, N.0 28401 _ OckFORMS Re l FJhU Appniml Soft"m by SfeftN Te hnolopiw (500) 672 6727 RECEIVED SEP 2 2 Anna LOCATION MAP ADDENDUM File No. YOUNG603 Procertynaarae_ gar WILMINGTONcounty NEW HANOVER.-.-_._......_._.__State_ N.0Ziacoaa28412 wo CIwkFORMS Rwl EsMW AFFniul B . Ey Br ftd T�hno"" (NO) e12-0727 CELVED SEP 2 2 ZUU4 0Y-0pi'- DENNITION OF MARKET VALJE: The most probable price which a props. should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby. (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest, (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in to of or in terms of financial arrangements comparable thereto; and (5) the price represents the r I d r fo property sold unaffected by special or creative financing or sales concessions' granted by anyo t SEP 2 9 2004 'Adjustments to the comparables must be made for special or creative financing or sales aons. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or I r'iinna, r��a 1%Q&lcb�rs are readily identifiable since the seller pays these costs in virtually all sales transactions. QA-%TUaWNAGrE adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the markets reaction to the financing or concessions based on the appraiser's judgment STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraisers certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid lt they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist Because the appraiser is not an expert in the field of environmental hazards, the appra" report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct The appraiser does not assume responsibility for the accuracy of such items that were fumished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lendericlient specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraisers identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institition; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the lender/client may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent The appraisers written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. MENT Freddie Ater Form 439 (e-93) C4ckFORMS RoM Eshb Ap W SW"m br erealad Technobpim (e00) II222727 Fannie Mee Form 100413 (6-93) RECEIVED SEP 2 2 2004 o�-�s7 APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: D ft SOjj�� �v JJ:e V1Ce 1. I have researched the subject market area and have selected a minimum of three recent s f pr�9�1e� o trt�si�m'ilar and proximate to the subject property for consideration in the sales comparison analysis and he a ads a dollar- ,dent when appropriate to reflect the market reaction to those items of significant variation. If a s'�9f�,�cant 0I j� gpara;e e property is superior to, or more favorable than, the subject property, I have made a negatiNe'�s�u3{1E J adjusted sales price of the comparable and, if a significant item in a comparable property is inferior to, oar"e �jEIVT than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. 1 stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4. 1 have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. 1 have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. l did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. 1 performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. 1 have personalty inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individuals) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report, therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for it SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 6700 RIVER RD., WILMINGTON. N.0 28412 APPRAISER: SUPERVISORY APPRAISER (only if required) .� . Signature: VILZMAM Name: ROB Date Signed: State Certification or State License #: State: N.C. Expiration Date of Certification or License Signature Name: Date Signed: State Certification#: or State License #: State: 6/30/04 Expiration Date of Certification or License: Did ❑ Did Not Inspect Property Freddie Mac Farm 439 "3 CbckFORMS Real Estate Appraisal SaMeao by Bradford Technologies (8W) K24727 Fannie Mae Form 1004E e93 RECEIVED SEP 2 2 2na4