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HomeMy WebLinkAbout29-15 Norton & RowlettI�1 Permit Class NEW Permit Number 29-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources I d X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Amanda Norton and (Catherine Rowlett,1125 Maxwell Lane Apt. 500 Hoboken NJ 07030 Authorizing development in New Hanover County at Middle Sound (AIWW), 8112 Bald Eagle Lane Wilmington , as requested in the permittee's application dated 11/22/14 including the attached workplan drawings (3), 1 of 3 dated received in the MHC office 12/17/14 2 and 3 of 3 dated revised 12/3/14 This permit, issued on February 26r2015 , 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 oe suoject to tines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) Unless specifically altered herein, this permit authorizes the boatlifts and other structures and uses that are expressly and specifically set forth in the attached permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. I L Br - tdn C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Amanda Norton and Katherine Rowlett Permit #29-15 Page 2 of 3 ADDITIONAL CONDITIONS 3) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 4) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 5) . This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 6) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 7) This permit authorizes 3 additional formalized boatslips for a total of 5 formalized boatslips associated with this docking facility. General 8) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 9) No vegetated wetlands shall be excavated or filled, even temporarily, without permit modification. 10) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 11) The pemiittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. Amanda Norton and Katherine Rowlett Permit #29-15 Page 3 of 3 ADDITIONAL, CONDITIONS NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 14-1280. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2015-00014. NOTE: . An application processing fee of $250 was received by DCM for this project. DCM Mr-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT f. Primary AP#icant/landownerfntormaflo�t Business Name 9 Project Name (' applicable) //C �f Applicant 1: First Name MI Last Name Nat`lNA Li No(LTOf\S Applicant 2: First Name MI Last Name 4AT'"C—tl1.� W i'�ou�►t,�T� If additional applicants, please attach an additional page fs) with names listed. Mailing Address PO Boz City State � t Zs Mt4xwSL� t,Q sDo �'� �o c�ouEN N S ZIP 0"I O3 o 1 Country U S Phone No. loiliq-S-1631*31? ext. FAX No, /`'y1/A� Street Address fd different from above) City State ZIP N Email V n �, / �cL. W lWw l�i�@ k0k,a t..VA . �gent/Contractor Information j § �g� Business Name I-c7(1!t(V2tJ 1✓LL DEC 17 71114 Agent/ Contractor 1: First Name MI Last Name DCM-MHD CITY WCQ t 1 f t, 0&l14N Agent/ Contractor 2: F Name MI Last Name Mailing Address PO Box City State ZIP SgLA s0 Phone No. 1 qto -361 04ext. Phone No 2 N JA-- ext. FAX No. u1A Contractor # '1y5Ir Street Address fd different from above) (� City 14r- State I� ZIP N-/.*- N N Email bAU1U o@ Lo✓aA�N.Mjk(4N4Sr COM <Form continues on back> RECEIVED DCM WILMINGTON, NC Nov 2 4 2014 252-808-2808 -. 1-888-4RCOAST .. wwar.nccoastaimannnumunt. not Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 1�1Qn � t r F�1(y {M•'wT ^jyjd,N4 y f f , T'S'4f County (can be multiple) Street Address State Rd.4 Ai H�tn1ovE2 it2 PAW 1 Y t� LJJ k140 Subdivision Nam[ City State Zip � W \ LM\N(aT-N N4, 2S11; Phone No. Lot No.(s) (it many, attach additional page with list) Io 3�"1 1349 ex" 5 , which NC river basin is the project located? b. Name of body of water nearest to proposed project CA e Fea AtWv/ [a.In Is the waterent�ed in (b) above, natural or manmade? d. Name the closestma'or water body to the proposed oject site. ❑Natural Manmade ❑Unknownr /eIs pr sed work w thin city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed VYes ❑No work falls within. a u. ?^ v : a. Total length of shoreline on the tract gt.) :M / b. Size of entire tract sq.ft.) s5'­71-:j ell.-9, , 67 � c. Size of individual lolls) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water 15 (If many lot sizes, please attach additional page with a list) 9KHW or ❑NWL e. Vegetation on tract ,yl (/�f! �(n S-C S C-0ei S ;li`'Gc T i✓6)S f. Man-made features and uses now on tra t / / ZL1 allellwa -- V'/rN,� g. Identify and descdbe the existing land uses ad'ace t to the proposed project site. �C 51(Jfl �l DEC 17 21114 DCM-MHD CITY h. How does local government zone the tract? /� - fC� -}—&� ( I. Is the proposed project consistent with the applicable zoning? (Attac niN compliance certificate, if applicable) rJ .51 L �r l vY( es ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes Efro k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes []No OA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes []No LRfr National Register listed or eligible properly? NEEEIVED <Form continues on next page> 66M WILMINGTON, NC NOV 2 4 2014 Form DCM MP -'I (Page 3 of 4) m. (i) Are there wetlands on the site? (If) Are there coastal wetlands on the site? (lii) it yes to either (1) or (Ii) above, has a delineation been conducted? (Attach documentation, ff available) n. Describe existing wastewater treatment facilities. -'— GFP04 o. Describe existing drinking water supply source. Ff� p. Describe existing storm water management or treatment systems. n APPLICATION for Major Development Permit QVes pNo/ ❑Yes o 5. Activitiespcts a. Will the project be for commercial, public, or private use? DCpKrmerclal ❑Public/Government prfVA-1�( Private/Community b. Give a brief description s� of purpose, use, and da�llioperabonss the project when complete. c. Describe the proposed construction methodology, types of construction equipment to be used during construction the number of each type of equipment and Pre it is io e stored.i � �� p� LE N2 I VL" 0 �") T6 06 Me4Ca &is rt6. PIL;Cs6 -CD 66 Fb *AAvja2 wuvo--J, !� IKt-s to C� I doN i31' d. List all development activities you propose. .J e. Are the proposed activities maintenance of an existing project, new Work, or both? N-c w f. What is the approximate total disturbed land area resulting from the proposed project.? ^ ❑Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes QKo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. A DEC 17 DCM-MHMH I. Will wastewater or stormwater be discharged into a wetland? []Yes []No NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes❑No N j. Is there any mitigation proposed? ❑Yes ❑No FNA If yes, attach a mitigation proposal. <Form continues on back> ED 1014 CITY riECEIVED DCM WILMINGTON, NC NOV 2 4 2014 Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information - = In addition to this completed application form, (MP 1) the following items below, if applicable, must be submitted in order for the application -. ipackage to be complete. Items (a) — (0 are always applicable to any ma/or development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (Including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. C. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed oroject to the Division of Coastal Management. Name 1�f-recNGiS hIt, 61-5 Phone No. c110-25(v SO(p`j Address tGlLA l CIQ()cN \14ku%k\N 16cWN S NL Name p0,,4Pdb-_10\-EN SGN Phone No. Address y, W kuN jr c i- waan-k k0(: U'Siok t SL Zq<'to0 —1.-- .., Phone No `Address g. A list of previous state or fed e I permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. �a4C LL�s I. Wetlanddelineation, ff necessary. N j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) Nk k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). it necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. NA_ I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certi y that he information provided in this application is truthful to the best of my knowledge. Date 22 �1PrinTName�� LL�Zat�it� (A�TI'iaYLI2C-� hGErut) Signature _ Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DC1pAialP-3 Upland Development CM MP-4 Structures Information RECEIVED DEC 17 2014 H`--lompm mire RECEIVED DCM WILMINGTON, NC NOV 242014 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 9. ®OCKING FACILITY/IVIARIRl4 Cdle4///ldrrr4CT l2I§TICS"$k El This section not applicable` a (i) Is the docking facility/marina: b y (i) Will the facil' a open to the general public? ❑Commercial ❑PublirJGovemmant Private/ Community ❑Yes o c. () Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes []No (ii) Number If yes: (III) Length - (ii) Number (iv) Width (III) Length (v) Floating ❑Yes []No (iv) Width (v) Floating ❑Yes ❑No / e. (i) Are Platforms included? ❑Yes o f. (i) Are Boatlifts included? es ❑No If yes: If yes: (ii) Number (ii) Number !� (ry t (III) Length (III) Length D L'-•' (IV) Width (IV) Width J3 �O 7/ (v) Floating []Yes ❑No ?W.[y� •_ IL17 Note: Roofed areas are calculated from dripline dimensions. g. (iNumber of slips proposed h. Check all the types of services to be provided. _ ❑ Full service, including travel lift and/or rail, repair or (i) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies • ❑ Dockage ('Wet slips') only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land out and access channel ❑O water, dredging for basin and/or channel Open water; no dredging required ❑Other; please describe: k. Typical boat length: 2 / m. (i) Will the fa ' y have tie pilings? ❑Yes No (il) If yes number of be pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boata`, sail bats, mixed types). Jew,peLa RECEIVED DEC 17 109 faPM•MHO 61TY I. (1) Will the facility open to the general public? ❑Yes o RECEIVED DCM WILMINGTON, NC NOV 2 4 2014 252-808-2808:: 1-sea-4RCOAST :: www.nccoastalmananement.net revised: 12127/06 Form DCM MP-4 (Structures, Page 2 of 4) Z. UUC;161/V(7 f A(:fLI 17/MIAKUYA VI'9:11A I1UIV9 a. Check each of the following sanitary facili'.les that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number.. Location. ❑ Showers ❑ Boatholding tank pumpout; Give type and location. b. Describe treatment type and disposal location for all sanitary c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs (it) Give the location and number of "Pumpout Available" signs I. Describe the special design, if applicable, for containing industrial l pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs propo ed. i. Give the location of fuel -handling facilities, and describe the safe measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what tylids91'§ervices are currently provided? m. Is the marina/ eking facility proposed within a primary or secondary nursery area? ❑Yes o RECEIVED BEM-MHD CITY RECEIVED DCM WILMINGTON, NC NOV 2 4 2014 252-808.2808 :: 1.868.4RCOAST :: www.r ccoastatmanaaement.in revised: 12/27/06 Form77inald -4 (Structures, Page 3 of 4) n. IsoPingfacility proposed within or adjacent to any shellfish harvesting area? o. Is the marinaldoc king facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑S _ ❑SB _ ❑--.--- sine '^�J/_ _. p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes 1�NO If yes, give the name and address of the leaseholder(s), and give the proximity, to the lease. This section not applicable i 3. BOATHOUSE, (including covered lifts)._.. PP a. (11 Is the boathouse structure(s): ❑Commercial ❑PublictGovemment ❑Private/Community. (ll) Number _ (ill) Length (iv) Width / Note:• Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood sheetpile, etc If a rock groin, use MP-2 Excavation and Fill) IThis section not applicable _ a. (i) Number (ii) Length (ill) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) This s�o6o`n ndf`appticable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands r i, MOORING PILINGS and BUOYS ' This section not applicable a Is the structure(s): b. Number ❑Commercial ❑Public/Govemment ❑Private/Community o Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. e. Are of the swing DEC 17 2014 P'P_tq_RIHfi CRY DCM WILMINGTON, NC 252-808-2808 :: 1.888.4RCOAST :: www.ncconstaimanaeement.net NOV 2 4 2014 revised: 12/27/06 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines /5 Note: For buoy or mooring piling, use am of swing including length ofvessel. c Width body--- a. (i) Will navigationa/sbe quired as a result of the project? ❑Yes ❑No (ii) If yes, explain what type and how they will be implemented. B. OTHER a G-Ve complete descnption- i Date r }} Project Name + Applicant Name Applicant Signature-• b. Proximity of structure($) to adjacent docking facilities. d. Water depth at waterward end of structure at NLW or NWL --- - - - q @NtW i Clkis section not applicable RECEIVED DEC 17 2014 MeW-WHD CITY RECEIVED DCM WILMINGTON, NC NOV 2 4 2014 252-808.2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.ne4 revised: 12127t66 mffp ��Nm.42. kmwok wo(eroNj WkLAAk st-MbN, 1►sc- 2tsO Phcj�, ;.o 3 / 1'v Zo!-oIt kt-.4 cao(i Poll vAL'cSL` f lo cxlsTtN6l chZ66o 2DKU?r W 1 qo Q.A6 _ RECENOD i DEC 17 fiu + -MHDCm :�-Pj ;1 'x-3 �e)4 _�RECEIVEO DCM WILMINGTON, NC NOV 2 4 2014 VIW-a. gUwl L'\b W`ur.5- o k fy1 3'1'"�� Cl'1Y�1 2113� � � N"a'•i �'�'L1t�SLNh�r.X'� NYIPI ©� �x NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald van der Vaart Governor Secretary January 28, 2015 Ms. Amanda Norton Ms. Katherine Rowlett 1125 Maxwell Lane, Apt. 500 Hoboken, NJ 07030 Subject: EXEMPTION Stormwater Project No. SW8141214 Norton and Rowlett Docking Facility Project New Hanover County Dear Ms. Norton and Ms. Rowlett: The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project on December 10, 2014. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at linda.lewis@ncdenr.gov. Sincer y, t ForTracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDSlarl: G:IWQ1SharedlStormwater1Permits & Projects120141141214 Exemption12015 01 permit 141214 oc: Jonathan Logan; Logan Marine, LLC New Hanover County Building Inspections Robb Mairs/Shaun Simpson Jonathan Howell, DCM Wilmington Regional Office Stormwater File Division of Energy, Mineral, and Land Resouroes Land Quality Section - Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 I Fax (910) 350-2004 rzi Cr wr n FEB 10 2015 REM North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 26, 2015 Amanda Norton Katherine Rowlett 1125 Maxell Lane, Apt. 500 Hoboken, N.J. 07030 Dear Sir or Madam: Donald R. van der Vaart Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733- 2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, v Douglas V. Huggett Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity/ AffirmatveAction Employer DCM Coordinator: Permit #: a"7 �J— MAILING DISTRIBUTION SHEET Permitee• �4 - K L-j rz� ie4 QQ q o i . If .— C DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington �.. on US ACOE Offices: Washington: Ra Wilmington: y er Crumble ' Cultural Resources: Renee G1 •ly or (env ,,review@ncdcr.gov) Public Water Supply: Joey White (WARD) NC DOT: Shellfish Sanitation: Pa 'Fowler State Property: Walt Water Resources: John Hennessy (NC DOT) Washington: Anthony Scarborough Wilmington: Joanne Steenhuis — 401 Linda Lewis - Stormwater Wildlife Resources: Mg�wZu=-(W_AR j LPO: Fax Distribution: Permitee #: Agent #: W DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Amanda G. Norton and Katherine W. Rowlett c/o David Logan (Logan Marine) 2. LOCATION OF PROJECT SITE: 8112 Bald Eagle Lane adjacent to the Atlantic Intracoastal Waterway (AIWW) and Middle Sound, in New Hanover County. Photo Index — 2006: 22-7429: M,8 2000: 22-278: M,8 1995: 22-261: L,11 State Plane Coordinates - X: 2376106 Y: 196247 Latitude:34°16'57.84"N Longitude:77°45'.17.82"W 3. INVESTIGATION TYPE: CAMA ROVER FILE # 0-082614B 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 08/26/2014, 10/01/2014 and 12/5/2014 Was Applicant Present — Yes (agent) 5. PROCESSING PROCEDURE: Application Received — 12/09/2014 (completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Resource Protection (Upland), Conservation (Open Water) (B) AEC(s) Involved: PT, EW, ORW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Septic System Planned — N/A (F) Type of Structures: Existing —Vinyl bulkhead, access pier, covered and uncovered platform and floating dock Planned — New boatlifts (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands water 249 sq. ft. (Incorporated) —(Open (C) Other (D) Total Area Disturbed: 249 sq. ft. (0.005) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to reconfigure an existing private docking facility within Middle Sound. RECEIVED DEC 17 9"' eq'IPJMun Prry Arhnda G. Norton and Katherine W. Rowlett Page 2 9 PROJECT DESCRIPTION: The project site is located at 8112 Bald Eagle Lane, adjacent to the Atlantic Intracoastal Waterway (AIWW) and Middle Sound, in New Hanover County. To locate the property from Market Street (NC Highwayl7), turn right onto Porter's Neck Road and continue east through the traffic circle approximately 2 miles. At the stop sign, turn right onto Bald Eagle Lane and travel south approximately 0.25 miles and the property of interest will be located on the left. The property is approximately 0.56 acres and ranges approximately 6' to 15' above normal high water (NHW). The property is currently undeveloped, and was recently cleared of vegetation. The approximately 100' of shoreline is stabilized by an existing vinyl bulkhead. Waterward of the vinyl bulkhead is an area of Coastal Wetlands approximately 10' in width consisting primarily of Smooth Cordgrass (Spartina altemiflora). The property is bordered by residential properties to the north, south and west. This property along with the adjacent riparian properties are bordered by what appears to be a "U-shaped" man-made access channel, which connects to the AIWW to the east. Dimensions of the access channel measures approximately 700' in length by 40' in width with water depths ranging from approximately 4 to -6' @ normal low water (NLW). Waterward of the existing vinyl bulkhead is an existing access pier, measuring approximately 44' in length by 6' in width, which extends towards the AIWW in an easterly direction. The pier terminates into a gazebo, measuring 20' in length by 20' in width. An access ramp leads from the southern side of the gazebo onto a floating dock, measuring approximately 24' in length by 8' in width, which runs parallel to the shoreline and access channel. The private docking facility was authorized through CAMA General Permit No. 65008-D to the previous property owners (Matthews Family Properties of Duplin, LLC clo Catherine Hoffman) on 10/23/2014. The application states that the existing docking facility currently accommodates up to two (2) vessels in water depths of approximately —2.5' to —3.5' at NLW (See Sheets 1 and 2 of 3 and Project Narrative). The City of Wilmington/New Hanover County 2006 Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of the AIWW and Middle Sound are classified SA-ORW by the Division of Water Resources. The area is NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. RECEIVED PROPOSED PROJECT: DEC 1 71014 Hh!W wOO" The applicant proposes to reconfigure an existing private docking facility within Middle Sound. The application states that a new boat lift and a new two pole mounted double bunk jet -ski lift would be added to the existing facility. The proposed boatlift would be constructed on the northern side of the existing gazebo, measuring approximately 13' in length by 13' in width and double bunk jet -ski lift would be proposed on the southern side of the existing gazebo, measuring approximately 8' in length by 10' in width. The application states that the proposed reconfiguration of the existing facility would accommodate up to five (5) vessels in approximately -2.5' to -3.5' at NLW (See Sheets 2 and 3 of 3 and Project Narrative). 10. ANTICIPATED IMPACTS: The proposed boatlifts would incorporate approximately 249 sq. ft. of Estuarine Water and Public Trust Areas. The proposed boatlift and jet -ski lift would not encroach into the adjacent 15 foot Riparian Corridor Setback Area requirement. The proposed lifts would extend approximately 65' into a waterbody measuring approximately 600' in width, which would conform with the 1/4 width distance rule and the established pier length. As proposed, the applicant's proposal would not encroach into the 80' federal setback requirement from the AIWW channel. The proposed structures would allow the facility to accommodate up to five (5) vessels in water depths of approximately —2.5' to —3.5' at normal low water (NLW). Minor increases in turbidity should be expected during construction. Submitted by: Robb L. Mairs Date: 12/09/2014 Office: Wilmington DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Amanda G. Norton & Katherine W. Rowlett COUNTY: New Hanover PROJECT NAME: Norton/Rowlett Docking Facility LOCATION OF PROJECT: 8112 Bald Eagle Lane, adjacent to the AIWW & Middle Sound, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD:12-9-14 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Mairs DISTRICT MANAGER REVIEW: .9 x B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 12-12-14 ADJ. RIP. PROP NOTICES RECD:i- r APPLICATION ASSIGNED TO:1 CK`1 J C) 75 DAY DEADLINE: P[� MAIL OUT DATE:12-9-14 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE RECD: 250 END OF NOTICE DATE: 1-2-15 DEED RE 'D: ON: 150 DAY DEADLINE: STATE DUE DATE: 1-2-15 FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative 2-Z L- I L V Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) Division of Water Resources (401) i- Zo.- y- N80 Storm Water Management (DEMLR) 12 - Z 3 -14 y/ State Property Office I IN-�5 ✓ Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission RECEIVED Local Permit Office I z- z- I N DEC 17 Division of Marine Fisheries / DCM ✓ pCIV Corps of Engineers -S- If J,5 - Ccp �WS 12-33-)4 ✓ r al tv'DVivly Govemor (11i 1 1 Departmeni of Environment and Naturr _ .�. John E. Skvarla,all Secretary December 10, 2014 ta— '�- t Division of Coastal Management MEMORANDUM: 6d -- A) TO: Renee Gledhill -Early Dept. of CUltural ReS011rC > Aichives R History FROW Jonathan Howell, NC DENR-DCM A:�sistant Maj r Permits Coordinator 400 Commerce Avenue, Ivinrehead City, NC 2855 * (Courier 11-12-09) SUBJECT: CAMA Applica'. ,'n Revir,v. Applicant: Amanda G. Nor ton and bathe; ine W, Rowlett Project Location: 8112 Bald Eac';­ 1-ane. ,i ,..'e, r to f'r AIIVW ; '.'fiddle Sound, in Wilmington, P. =t,v Hang r C, runt , Proposed Project: To reconfigure ,; r exis,n� frnl ate r;. aching facifi; Please indicate below your ardency i:osition c vie.. noi! on the prc used project and return this form to Jonathan i;o1 r,1! at the !rl r - al- ve by Jan' rry 2, 1015. If you have any, questions regarding e pro:•' i i 'ja: . contact R. )b Mairs at (910)796-7423 when appropriate:, in depth cornrric vrilhl rt g d :'1 is reque x1. ,REPLY: This agency h o o! . I `i, yc t as cosed. K This agency I'. This agency a; are incorporal c' I t , !I —oposed Il ct. vex: i F .:1; ''ply ii the , -ommended changes Sep, a., .1i . This agency of t' . �i 'SIGNED Phcne r fr axons d ibed in the attached comments. DEC 1 5 2014 K-- Carolina Department of Environment and Pat McCrory Governor December 10, 2014 Division of Coastal Management MEMORANDUM: TO: Chad Coburn 401 Wetlands DWR - WiRO Natural Resources John E. Skvarla, III Secretary DE-C 16 2M FROM: Jonathan Howell, INC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Amanda G. Norton and Katherine W. Rowlett Project Location: 8112 Bald Eagle Lane, adjacent to the AIWW/Middle Sound, in Wilmington, New Hanover County Proposed Project: To reconfigure an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by January 2, 1015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. (- /e- t_ 4�v i > c``- REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE RECEIVED JAN 2 0 Z05 N.C. Division of Coastal Management HI-0 0411W 614Y 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanaoement.net An Equal Opportunity \ Affirmative Action Employer DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 F LY TO ATTENTION OF: January 13, 2015 Regulatory Division Action ID No. SAW-2015-00014, General Permit No. 197800056 Ms. Amanda G. Norton Ms. Katherine W. Rowlett 1125 Maxwell Lane Apartment 500 Hoboken, New Jersey 07030 Dear Madams Norton and Rowlett: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to reconfigure an existing private docking facility at 8112 Bald Eagle Lane, adjacent to the AlWW and Middle Sound, in Wilmington, New Hanover County, North Carolina. On January 1, 2011, we renewed general permit No. 197800056, (copy enclosed), that authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized by this permit provided it is accomplished in strict accordance with your proposed plans, the enclosed general conditions, and the following special conditions: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. RECEIVED JAN 16 1015 %zwwHP CITY -2- Thank you for your time and cooperation. If you have questions, please contact Tyler Crumbley, of the Wilmington Regulatory Field Office, telephone: (910) 251-4170 Sincerelyaa Tyler, Project Manager Wilmington Regulatory Field Office Enclosure GP 56 conditions Copy Furnished (w/enclosure): Logan Marine, LLC Attn: Jonathan David Logan Post Office Box 1552 Wrightsville Beach, North Carolina 28480 Copy Furnished (w/o enclosure): Mr. Robb L. Mairs Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405, Mr. Chad Coburn Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Jonathan Howell RECEIVED North Carolina Department of 1AN 16 1015 Environment and Natural Resources 400 Commerce Avenue PoM'MoH PITW Morehead City, North Carolina 28557-3421 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Govemor January 8, 2015 Ms. Amanda G. Norton Ms. Katherine W. Rowlett 1125 Maxwell Lane, Apt. 500 Hoboken NJ 07030 Subject Property: 8112 Bald Eagle Lane — Wilmington NO WRITTEN CONCURRENCE NEEDED Dear Ms. Norton and Ms. Rowlett, Donald R. van der Vaart Secretary DWQ Project # 14-1280 New Hanover County You have our approval, in accordance with the attached conditions to reconfigure an existing, private docking facility as described in your application received by the N.C. Division of Water Resources (DWR) on December 11, 2014. After reviewing your application, we have decided that the impacts are below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3883 (GC3883) are met. This certification may also be viewed on our website at hqp://t)orW.ncdenr.orgAwb/wg/Lvq)/ws/401/certsandperinits. This Certification allows you to use the Regional General #197800056 Permit when issued by the US Army Corps of Engineers. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached Certificate of Completion to the 401/Wetlands Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. RECEIVED JAN 2 0 1015 1617 Mail Servioe Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001 Internet: www,nodenr.gov H A-WIum rpy An Equal Opportunity V Affin satire Action Employer - Made in pert by recycled paper 2 8112 Bald Eagle Lane New -Hanover County 2014-1280 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796- 7215. Sincerely, ` ZZ Chad Coburn Senior Environmental Specialist Wilmington Regional Office ' Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC3883 Certificate of Completion cc: David Logan — Logan Marine, LLC, P.O. Box 1552, Wrightsville Beach, NC 28480 Tyler Crumbley — USACE Wilmington Field Office Robb Mairs — DCM Wilmington Jonathan Howell — DCM Morehead City Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit WiRO RECEivta JAN 21 M Certification of Completion DWR Project No.: County: Applicant: Project Name: Date of Issuance of Wetland Permit: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: Date: , hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Date: If this project was designed by a Certified Professional RECEIVED -ON 202" rW"-wwea,w" I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 10, 2014 RECEIVED Division of Coastal Management MEMORANDUM: T FROM: SUBJECT: Applicant: Project Location Tim Walton Dept of Administration State Property Office DEC 11 2014 DOA STATE PROPERTY OFFICE John E. Skvarla, III Secretary Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, INC 28557 (Courier 11-12-09) CAMA Application Review Amanda G. Norton and Katherine W. Rowlett 8112 Bald Eagle Lane, adjacent to the AIWW / Middle Sound, in Wilmington, New Hanover County Proposed Project: To reconfigure an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by January 2, 1015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. zer xnlw BAN 14 2a8 REPLY: s agency has no objection to the project as proposed. 9e*`4148e1rv taPi4'Ist)y This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes )�Oo-k ItK j f')� are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE \ Jam- — 15 ;tal Management 127 Cardinal Drive Ext., Wilmington. NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nrcoastalmanagement.net An Equal opportunity 1 Affirmative Adon Empoyer RECEIVED JAN 14 2015 r'r AM_KYL-" h+HM Howell, Jonathan From: Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil> Sent: Monday, January 05, 2015 9:33 AM To: Howell, Jonathan Cc: Mairs, Robb L; Coburn, Chad; Crumbley, Tyler SAW Subject: SAW 2015-00014 / 8112 Bald Eagle Lane / Norton and Rowlett Jonathan, We have received the application for the project located at 8112 Bald Eagle Lane, Wilmington, NC/ Norton and Rowlett. It appears that this project will qualify for use of a GP 56 for expanding the existing docking facility. We have assigned the project AID: SAW 2015-00014. Tyler Crumbley Project Manager US Army Corps of Engineers -Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 Phone: 910-251-4170 Fax: 910-251-4025 email: tyler.crumbley@usace.armv.mil "The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: http://regulatory.usacesurvey.com/" NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary L.r�.r1-'2.01 December 10, 2014 �511 1111 S „� � f6i. Division of Coastal Management DEC 2014 MEMORANDUM: v �P'jnpr TO: Maria DunnNCWRC n WaRO // WiRO FROM: Jonathan Howell, INC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Amanda G. Norton and Katherine W. Rowlett Project Location: 8112 Bald Eagle Lane, adjacent to the AIWW / Middle Sound, in Wilmington, New Hanover County Proposed Project: To reconfigure an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by January 2, 1015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. ✓ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE iZ'tlo - DEF 2 2 7mt N.C. Division of Coastal Management DCM-MMD CITY 127 Cardinal Drive Ext., Wilmington, INC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer e�� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 10, 2014 Division of Coastal Management MEMORANDUM: TO: Anthony Law INC DOT New Hanover County DISTRICT 3 DEC 112014 RECNE9. Skvarla, III Secretary FROM: Jonathan Howell, INC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Amanda G. Norton and Katherine W. Rowlett Project Location: 8112 Bald Eagle Lane, adjacent to the A1WW / Middle Sound, in Wilmington, New Hanover County Proposed Project: To reconfigure an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by January 2, 1015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. DEC 19 2014 his agency has no comment on the proposed project. DCM MHD CITY This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE N.C. Division of Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964Internet: www.ncooastalmanaQement.net An Equal Opporlurety \ Affirmative Actim Employer NCDEE R North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 10, 2014 Division of Coastal Management MEMORANDUM: TO: Jeremy Humphrey NH DEH Shellfish Sanitation Section John E. Skvada, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Amanda G. Norton and Katherine W. Rowlett Project Location: 8112 Bald Eagle Lane, adjacent to the AIWW/Middle Sound, in Wilmington, New Hanover County Proposed Project: To reconfigure an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by January 2, 1015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE f—ZT4Iq "J 6M / Qr/ r �0 tel RECEIVED N.C. Division of Coastal Management DEC 17 7"' 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.7215% FAX: 910-395-3964Internet: www.n000astalmanaoement.net DCM-MIHDCm An Equal Opp"Aly � Allimtive Action Employer ® WA RECEIVED DEC 1 1 2% NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 10, 2014 Division of Coastal Management MEMORANDUM: TO: Christine Bouffard LPO New Hanover County John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Amanda G. Norton and Katherine W. Rowlett Project Location: 8112 Bald Eagle Lane, adjacent to the AIWW/Middle Sound, in Wilmington, New Hanover County Proposed Project: To reconfigure an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by January 2, 1015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. DEC 12 1m4 This agency has no comment on the proposed project. DCM 7C" This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE D N.C. Division of Coastal Management 127 Cardinal Drive Ext.. Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanaaement.net An Equal opportunity l Allirmztive Action Employer e�� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 10, 2014 Division of Coastal Management MEMORANDUM: TO: Georgette Scott Stormwater Section DEMLR - WiRO ECEIVE DEC 10 2014 John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Amanda G. Norton and Katherine W. Rowlett Project Location: 8112 Bald Eagle Lane, adjacent to the AIWW / Middle Sound, in Wilmington, New Hanover County Proposed Project: To reconfigure an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by January 2, 1015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: _This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNEDL � /���c��l DATE � ! �/ RECEIVED DEC 2 A 2014 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington: NC 26405 DCM-MHD e!" Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanaaement.net An Equal Opportunity'. Affirmative Action Employer N"'A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 10, 2014 Division of Coastal Management MEMORANDUM: TO: FROM: SUBJECT: Applicant: Heidi Cox Environmental Engineer Public Water Supply n\ a olvi �O 0 C ?014 � or w. P lio Reso Water g,,,,Z s John E. Skvada, III Secretary Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA Application Review Amanda G. Norton and Katherine W. Rowlett Project Location: 8112 Bald Eagle Lane, adjacent to the AIWW / Middle Sound, in Wilmington, New Hanover County Proposed Project: To reconfigure an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by January 2, 1015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED " l W DATE I C�' () 1 11 q REeFr,tti DEC 2 2 7Nf! N.C. Division of Coastal Management fq"�Mw+n,ryH}' 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910.796.7215 \ FAX: 910-395,3964 Internet: www riccoastalmanaaement.net An EWW Opportunity k Af nnative Action Employer 0ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 10, 2014 Division of Coastal Management MEMORANDUM: DEC JO �14 TO: Dan Sams District Manager DEMLR - WiRO John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Amanda G. Norton and Katherine W. Rowlett Project Location: 8112 Bald Eagle Lane, adjacent to the AIWW/Middle Sound, in Wilmington, New Hanover County Proposed Project: To reconfigure an existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by January 2, 1015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED \_—'C _ — DATE 17 Zoe aECE,vr� DEC 237014 N.C. Division of Coastal Management 127 Cardinal Drive Eat., Wilmington, NC 28405 r.�w" "" �^ crry Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.ncooastalmanagement.net An Equal Opportunity'.. Affirmative Acton Employer Recommendations for State Permit — Amanda Norton and Katherine Rowlett 12/09/2014 The total area of floating docks and platforms was calculated as follows: Shoreline length = 100' x 8 sq. ft. = 800 sq. ft. allowable Existing platform = 20' x 20' = 400 sq. ft. Existing floating dock = 24' x 8' = 192 sq. ft. Total = 592 sq. ft. The proposed boat lifts would allow the facility to accommodate five (5) vessels at this location. It appears that the project is consistent with the use standards set forth in NCAC 07H .0208(b)(6), including the %width rule, the eight square foot rule and would not encroach into the 15' adjacent riparian corridor setback requirement. The proposed structures would be located entirely over open water. This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. Any permit issued should include the following conditions: 1. This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the structure without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 2. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 3. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pierhead line. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 5. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6. This permit does not authorize the interference with any existing or proposed Federal project, and, the permittee will not be entitled to compensation for damage to the authorized structure orwork, or injurywhich may be caused from existing or future operations undertaken by the United States in the public interest. 7. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third -party. 8. This permit authorizes a maximum of five (5) boat slips. At no time shall more than five (5) vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. RECEIVED 9. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorization which may be required. DEC 17 20 NOTE: Future development of the permittee's property may require a modification of this FrMl' '15ntact a representative of the Division at 910-796-7215 prior to the commencement of any such activity for this determination. NOTE: The permittee is cautioned that this permit does not authorize the placement of tie piles in association with the docking facility. Furthermore, due to the proximity of the AIW W, boats utilizing the docking facility will be subject to frequent wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the structure and the safety of moored boats. The permittee shall not hold the State of North Carolina or the United States liable for any damage to the structure or moored boats. RECEIVED AMMR DEC .112, Y 2014 le North Carolina Department of Environment and Natural R99491B8 Pat McCrory Governor December 10,'2014 Division of Coastal Management MEMORANDUM: TO: Shane Staples Fisheries Resource Specialist DCM - WaRO John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Amanda G. Norton and Katherine W. Rowlett Project Location: 8112 Bald Eagle Lane, adjacent to the AIWIN/Mlddle Sound, in Wilmington, New Hanover County Proposed Project: To reconfigure an existing private docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by January 2, 1015. If you have any questions regarding the proposed project, contact Robb Mairs at (910)796-7423 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED i % DATE /,Z Z4� N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NO 28405 Phone: 910-796.72151 FAX: 910-395-3964Internet: www.nccoastalmanaoement.net An equal OppoiWNlylAlramallve ACUon Employer co L ',DPill �U "� 'AL USE Ln S postage C >l 01 Ukul certlflea Fee sa.ai� ua S flaexn Rewipt FOB (Endorsement Required) s2.70 room ry� G O Resod a DeMeiy Fee (Endoree l Rembed) �]•�� N ri To181 Postage E Few$ $7.40 12/09/2014 N = sent ,O_ A1M D M1 �j[StFN�� u; ----- Wf�UVV'C orPOBax No. -------•-----------------------""'-------•---...._.._---------- cly swe,za, kv us�k Sfr—Zq?(CC r Cl Domestic tr Ln 0FFICI JJ4SE Ln Postage C oa S Certltled Fop M O Ratum Receipt Fee (Endorsement RequMadj ^' 4 posi mrHM O O RastrMetl Dallvery Poe (6rdarsament Requirep) N A Total Postage 5 Fees 56.F1 $ 12/09/'4)14 N Ab I r arPOBox Ab....1.-(�1��.....`:^..'/�!.1ei.._ srBie. nP.e w lt..AAI>-TON tls L ZSt� � RECEIVEC DCM WILMINGTON, NC DEC 0 9 2014 RECEIVED DEC 17 M 6g-!wA-"F4n 0-" AWA r NC0tl Cyr C-vpA1Vi*nt i t EnYO~ Natural Rasuurkas n MfA CO Comm �1 Oat vbc?a' $f9Atm4 i ss.rf+!=x Dkm E ;v a 111 Chalet:''}h_ tiWw of PMP" Owlrlsr AWOV Ow Pwrnt (j N ((��tAwiltori /zo)jdAgent r4rar Ih#m prr�j �Y. z.-'.. MY} �u ��. ....r�u�:5 , � u�`'�'..:�.. �G. �b.i���1 T�.��«.:. �.. T„�+„J_..�3..�.0 u,�.Y®"• l'�'��j'w� C1*W i Naffing Addron Ph" Numbers r ton4r errerl 1 how, &tlhartaad tr*e RPM hslod sbow to act m raga Wjo. fed tme pure W at Grp" 1a snti aftning MI CAMA PtD ft" nK**mq to Inrlell of oregnW the AWIDOnp (euclairy) r q I tj1f FQr`my propeitylocated at _ 49tk7, I i�,�t �t}tre —�� P"Ps"y Dwyer III9naWn @a RECEIVED DEC 17 7111A DCM WILMINGTON, NC NOV 2 4 2014 A 7 NCDE SIR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 9, 2014 Mr. David Logan c/o Logan Marine P.O. Box 1552 Wrightsville Beach, North Carolina 28480 Dear Mr. Logan: John E. Skvada, III Secretary The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Ms. Amanda Norton and Ms. Katherine Rowlett, for the proposed development located at 8112 Bald Eagle Land, adjacent to Middle Sound, in Wilmington, New Hanover County. It was received as complete on December 9, 2014, and appears to be adequate for processing at this time. The projected deadline for making a decision is February 24, 2015. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from November 24, 2014, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way froming.your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Robb L. Mairs Field Representative Wilmington District Office N.C. Division of Coastal Management cc: Jonathan Howell, DCM Tyler Crumbley, USACE Christine Bouffard, NH Co. Amanda Norton and Katherine Rowlett, Applicants N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastaimanagement.net RECEIVED DEC III" An Equal Opportunity 1 Aflirmalive Action Employer NOTI(I'1117., Ly � m AMA PERMIT APPLIED FOR exi. adi County. ff ver COMMENTS ACCEPTED THROUGH _ January 2, 20,15 APPLICANT: =61 �'.'i �� t: ii pit--i�i i i c=� =i-x- �y � r� : ►mot=i s=i� For: Amanda Norton & K. Rowlett FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Extension Wilmington. NC 28405 Robb Mairs, Field Representative 910-796-7423 Project Narrative TO: NC Division of Coastal Management 127 Cardinal Drive Wilmington, NC 28405 Reference: 8112 Bald Eagle Lane Expansion To whom it may concern: I Logan Marine, LLC Post Office Box 1552 Wrightsville Beach, NC 28480 NC Contractors License # 74511 david@loganmarine.com 910-367-1348 The referenced property owners, Amanda Norton and Katherine Rowlett, wish to expand their existing private docking facility by adding one boat lift and 014 jet ski lift as proposed herein. 'FWD 1243I1L-1 Regards, J. David Logan Authorized Agent david@loganmarine.com 910-367-1348 11/22/2014 RECEIVED DEC 17 ?n++ ©CA440,Yi; crr�' RECEIVED DCM WILMINGTON, NC NOV 242014 �r �I�i NCDEE R North Carolina Department of Environment and Natural Resources Pat McCrory, Governor John E. Skvarla, III Secretary December 9, 2014 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice in New Hanover County: • Willard Buffkin • James L. Ratcliff III • Norton & Rowlett Kyle & Heather: Please publish the attached Notice in the Friday, December 12, 2014 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, / /� ' _ `� . Shaun K. Stmpson lI Permit & Customer Support Division of Coastal Management Jonathan Howell - MHC DCM RECEIVED Tyler Cntmbley - USACE Michele Walker- DCM DEC 17 MR HH--0 xo COY N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 26405 Phone: 910-796.7215 \ FAX: 910-395-3964 Internet: www.nccoastaimanagement.net An Equal Opponuniry\AXirmatrve Adw Em{poyer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in Areas of Environmental Concern as designated under the CAMA, in Wilmington, New Hanover County. On November 24, 2014, Willard Bufjkin proposed to replace an existing bulkhead at 229 Gazebo Ct., adjacent to Myrtle Grove Sound; On December 1, 2014, James Ratcliff proposed to install a bulkhead and make improvements to the existing docking facility at 20 Pelican Dr., adjacent to Lee's Cut, in Wrightsville Beach; and on December 9, 2014 Amanda Norton and Katherine Rowlett proposed to reconfigure an existing docking facility at 8112 Bald Eagle LA., adjacent to the AIWW. A copy of the applications can be examined or copied at the office of Robb Mairs, N.C. Dept. of Environment & Natural Resources, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7423) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to January 2, 2015 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED DEC 17 2014 Dew-nen!) ery J MAJOR PERMIT FEE SCHEDULE Norton & Rowlett / $250 / New Hanover Co. DCM % DWQ % Development Ta Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does of involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does of involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: S400 100% $400 0% $0 III(C). If General Water Quality Certification No. 90 (see attached) could be applied, but DCM tall determined that additional review and written DWQ concurrence is needed because of oncems related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 90 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or of more than one acre of wetlands Vxcavabon nd/or o en water areas: 5475 60% $285 40% $190 RECEIVED DEC 17 7014 E>pMI=MAMfj Pfl'f DENR CAMA Dally Check Lo for WIRO Data I Received Check From(Name) Name of Permit Holder Vendor Check Number Check amount Permit Numbw/Commants 10242014:Steen Moss same NC SECU 1433i $600.00IGP 64076D ______ _ 1024/2014 10272014 10272014 _ _ _ William G. McRainey Mark Lewis Crew Boats Inc. dba Oki Town Marini Coastal Earth Works Inc Parks _ Swan Pant Marina _ _ _ _ _ _ Barbara Hulek Zucker First Community Bank I PNC Bank _ Frffi Bank _ 7939� 19591 71431 $200.00 $250.00 5400.00 GP 64075D major fee, Swan Point Marina, Ons. GP 65010D 1 10/282014 Potent -Smith Properties, LLC Henderson Wells Fargo Bank 1053 $400.00 major foe, E. Beach Dr. Oak Island._ 10211=14 Jerry D. Edwards and Karen C. Edwards _. same First Citizens Bank 65311 $400.00 GP 64034D i_ 10292014 Town of Topsail Beach same First Citizens Bank 002908 $200.00 GP 65011 D 10/302014 Southeastern Coastal Construction Co Murphey Fret Federal 9283 $200.00 GP 65013D 10/312014 Allied Marine Contractors LLC Glenn Holloday BMA 6919 $400.00 GP 64036D 10/312014 Backwater Marine Construction Inc. Knight, Windham, Braswell BB&T 1694 $600.00 GPs 64077D, 64078D, 64079D 11rM14 Town of Surf City _ same First Citizens Bank 062221 $100.00 renewal request, 190-05 11/3/2014 Dale E. and Cynthia M. Joslin same BMA 9000 $200.00 GP for 800 #B Canal Dr., CB 11/42014 Stacey Hamm and Kevin M. Hamm same PNC Bank 655 $200.00 GP 65016D 11/42014 Pippin Marine Construction, LLC Scott Sullivan Wells Fargo Bank 3179 $200.00 GP 65015D 11/42014 Wrightsville Beach Marina Sam Clary/Wrightsville Beach Marine Wschovia 2331 $100.00 MP renewal, #173-00 11/52014 F and S Marine Contractors Inc Brock and Scott PNC Bank 4113 $200.00 GP 65012D 11/52014 Connaway Marine Construction, Inc B of A 6862 $200.00 lots 11 & 12 Pensacolal PN Co. 11/612014 Pleasure Island Partners, LLC Stewart Pittman for Pleasure Island Partners, Bank of the Ozarks 2008 $400.00 major fee, Pleasure Island Partners, LLC 11WO14 Maritech LLC Paul M. Wiles BMA 1845 $200.00 GP 65017D 11/72014 Gary and Lynne Greene Dockside Wells Fargo Bank 4272 $400.00 major fee, Dockside, NHCo 11/72014 Conaway Marine Construction, Inc Michael Saintsing & John Koloski B M A 6867 $200.00 lots 2 & 4 The Peninsula OSC 11/72014 Inlet View Bar 7 Grill Shallotte Point Phase II BB&T 2549 $100.00 mod. Fee, 185-08 11/102014 Mark Lewis Crew Boats Inc. dill Old Town Marini Swan Point Marina PNC Bank 1967 $150.00 Ck#2 + #1959 for major fee, Swan Point Marina, One. 11/102014 Charles F. Riggs & Associates Inc. _ Eddie Keith Wood First Citizens Bank 13732 $100.00 minor fee, 1681 New River Inlet Rd, NTB One 11/122014 Bostic Building Corporation McLeod, III First Citizens Bank 5656 $100.00 minorfee, TB 14-14, PNCo. 11/1=014 CESROK LLC _ Simmons BNC Bank 2042 $100.00 minor fee, SH 14-01, BRCo. _ 11/122014 Town of Belville same First Bank Belville 58888 $100.00 minor fee, Riverwalk@Belville 11/132014 Bald Head Island LTD. Planning and Permits same First CNzens Bank 1496 $100.00 transfer fee, 208-86, LTD to Village 11/132014 IThe Village M Bald Head Island same PNC Bank 57057 $100.00 mod fee, MP 208-86 11/142014 John W. Thompson Caswell 105, LLC First Bank 1239 $100.00 minor fee, 105 Caswell Rd, Caswell Beady, BrCo 11/142014 Brandon Grimes, Money Order Volney Warner Wells Fargo Bank 59098506577 $400.00 GP 65022D 11/142014 Brandon Grimes, Money Order Julia Rivenbark Wells Fargo Bank 59098506588 $400.00 GP 65021D 11/142014 Dr. Gwendolyn Faye Jones same First Citizens Bank 3843 $600.00 GP 63203D 11114r2014 Ted and Sharon Hudler same BB&T 1618 $200.00 GP 64080D 11/18/2014 Holden Dock & Bulkheads Russell Salisbury First Community Bank 5961 $200.00 GP 65020D 11/182014 WF Boucher William Boucher B MA 7973 $100.00 renewal fee, 164-97 11/182014 Conaway Marine Construction, Inc _ Saintsing and Koloski B MA _ 6871 $200.00 GP 65025D 11/19/2014 A rants Cabinet and Trim Joseph and Laurette Arrant BB&T 1037 $200.00 383 Lockwood Folly Rd, Bolivia 11/192014 Land Management Group, Inc, Hawkeswater Manna First Bank 44757 $100.00 mod fee, MP 48-14 11/192014 Bald Head Island LTD/Bruce Marek Bald Head Island Manna First Citizens Bank 1489 $100.00 mod fee, MP 172-87 11202014 Clements Marine Convection Inc Jam Pmperties/Dan Smith First Citizens Bank 3642 $200.00 GP 05026D 11212014 J. Dean Burge Linda Averette - Community One 2335 $200.00 ;GP 64081D 11212014 Holden Dock & Bulkheads First Community Bank 5952 $600.00 GP 64082D 11242014 Bruce L. Kirk Jr. Chemserve Terminal of Wilmington B M A 1282 $100.00 renewal fee, MP 35-92 11242014 Town M Sunset Beach same, for beach bulldozing First Citizens Bank 13073 $100.00 renewal fee, MP 40-01 11252014 CB Marina, LLC same, transfer from Saint Joseph's Marina LL SunTrust 1067 $100.00 transfer fee, MP 36-04 11252014 Logan Marine LLC X o I Norton & Rowlettpermit Coming Federal Credit Un 1117 3250-001major fee, NHCo, Norton & Rowlett I o l� DocuSign Envelope ID: 34F-BEFF9-ECA5-4419-B047-67EB897A52A4 Ire OFFER TO PURCHASE AND CONTRACT - VACANT LOT/LAND [Consult "Guidelines" (form 12G) for guidance in completing this form] NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not have immediate plans to subdivide. It should not be used to sell property that is being subdivided unless the property has been platted, properly approved and recorded with the register of deeds as of the date of the contract. If Seiler is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract —New Construction (Form 800-T) or, if the construction is completed, use the Offer to Purchase and Contract (Form 2-T) with the New Construction Addendum (Form 2A3-T). For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terns (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) "Seiler": JAM Properties, LLC (b) "Buyer": Kathy Rowlett, Mandy Norton (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon. NOTE: ff the Property will include a manufactured (mobile) home(s), Buyer and Seller should consider including the Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2A11-T) with this offer. Street Address:8112 Bald Eagle Lane City: Wilmington Zip: 28411 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 Block/Section Subdivision/Condominium , as shown on Plat Book/Slide at Page(s) The PIN/PIDorother identification number ofthe Property is: R03716-002-022-000 Other description: D 5 PORTERS NECKRECEIVED— Some or all of the Property may be described in Deed Book at Page (d) "Purchase Price": $ $ HHf�}-�WQMR�tV4t paid in U.S. Dollars upon the following terns: 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, EITHER ❑ with this offer OR ❑ within five (5) days of the Effective Date of this Contract. BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph I(f) by cash or immediately available funds such as official bank check or wire transfer no later than TIME BEING OF THE ESSENCE with regard to said date. BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum (Standard Form 2A6-I). BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5-T). BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan). QR- This form jointly approved by: Page 1 of 11 North Carolina Bar Association North Carolina Association of REALTORS@, Inc. STANDARD FORM 12-T Revised 7/M14 prppppr'"M'Y 0 7/2014 Buyer initials '`19, Fa Seller initials yt Hudw HM&WOIie JJX, 602 Caemwey dWriBhdville Be" NC 28480 P .:(M)25""8 F.: Nmdd Hum Produced w8h ApFwmeby ApL.epd 18070 Flftwn We Road, Fraser, Mlchlgan 4802E W1my,81pLp ix cam RLCU/RFD JCM WILMIOTON, NC N 0 V 2 4 2014 DoouSign Envelope ID: 34FBEFF9-ECA5-4419-BQ47-67E8897A52A4 s Should Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by their due dates, or should any check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall have one (1) banking day after written notice to deliver cash or immediately available funds to the payee. In the event Buyer does not timely deliver cash or immediately available funds, Seller shall have the right to terminate this Contract upon written notice to Buyer. (e) "Earnest Money Deposit": The Initial Earnest Money Deposit, the Additional Earnest Money Deposit and any other earnest monies paid in connection with this transaction, hereinafter collectively referred to as "Earnest Money Deposit", shall be deposited and held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this Contract is otherwise terminated. In the event: (1) this offer is not accepted; or (2) a condition of any resulting contract is not satisfied, then the Earnest Money Deposit shall be refunded to Buyer. In the event of breach of this Contract by Seller, the Earnest Money Deposit shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such breach. In the event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller upon Seller's request as liquidated damages and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 2(c) and 2(d) for damage to the Property or Seller's right to retain the Due Diligence Fee. It is acknowledged by the parties that payment of the Earnest Money Deposit to Seller in the event of a breach of this Contract by Buyer is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment of the Earnest Money Deposit to Seller shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, both parties acknowledging the difficulty determining Seller's actual damages for such breach. If legal proceedings are brought by Buyer or Seller against the other to recover the Earnest Money Deposit, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. (f) "Escrow Agent" (insert name): Hardee Hunt a Williams NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow, a licensed real estate broker ("Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain the Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker or an attorney licensed to practice law in North Carolina ("Attorney") is holding the Earnest Money Deposit, the Broker or Attorney may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A-12. THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE THE EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (g) "Effective Date": The date that: (1) the last one of Buyer and Seller has signed or initialed this offer or the final counteroffer, if any, and (2) such signing or initialing'is communicated to the party making the offer or counteroffer, as the case may be. (h) "Due Diligence": Buyer's opportunity during the Due Diligence Period to investigate the Property and the transaction contemplated by this Contract, including but not necessarily limited to the matters described in Paragraph 2 below, to decide whether Buyer, in Buyer's sole discretion, will proceed with or terminate the transaction. (i) "Due Diligence Fee": A negotiated amount, if any, paid by Buyer to Seller with this Contract for Buyer's right to conduct Due Diligence during the Due Diligence Period. It shall be the property of Seller upon the Effective Date and shall be a credit to Buyer at Closing. The Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seller, or if this Contract is terminated under Paragraph 6(1) or Paragraph 9, or as otherwise provided in any addendum hereto. Buyer and Seller each expressly waive any right that they may have to deny the right to conduct Due Diligence or to assert any defense as to the enforceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee, it being the intent of the parties to create a legally binding contract for the purchase and sale of the Property without regard to the existence or amount of any Due Diligence Fee. 0) "Due Diligence Period": Tht period beginning on the Effective Date and extending through 5:00 p.m. on November 24 2014 RECEIVED TIME BEING OF THE ESSENCE with regard to said date. Page 2 of 11 DEC 17 7014 npnrtstA++rm STANDARD FORM 12-T Revised 7/2014 Buyer initials � Seller initials X6 R E C E I V E1l2014 Produced wfth zipFo" by zipLopiz 18070 Mean Mile Road, Fraser, Michigan 48026 m ziaLookoom DCM WILMINGTW"tm NOV 2 4 2014 DocuSign Envelope ID: 34FBEFF9-ECA5-4419-B047-67EB897A52A4 (it) "Settlement": The proper execution and delivery to the closing attorney of all documents necessary to complete the transaction contemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyance documents, and the closing attorney's receipt of all funds necessary to complete such transaction. (1) "Settlement Date": The parties agree that Settlement will take place on November 28, 2014 (the "Settlement Date"), unless otherwise agreed in writing, at a time and place designated by Buyer. (m) "Closing": The completion of the legal process which results in the transfer of title to the Property from Seller to Buyer, which includes the following steps: (1) the Settlement (defined above); (2) the completion of a satisfactory title update to the Property following the Settlement; (3) the closing attorney's receipt of authorization to disburse all necessary funds; and (4) recordation in the appropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon as reasonably possible for the closing attorney after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the closing attorney in accordance with the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. If the title update should reveal unexpected liens, encumbrances or other title defects, or if the closing attorney is not authorized to disburse all necessary funds, then the Closing shall be suspended and the Settlement deemed delayed under Paragraph 10 (Delay in Settlement/Closing). WARNING: The North Carolina State Bar has determined that the performance of most acts and services required for a closing constitutes the practice of law and must be performed only by an attorney licensed to practice law in North Carolina. State law prohibits unlicensed individuals or firms from rendering legal services or advice. Although non -attorney settlement agents may perform limited services in connection with a closing, they may not perform all the acts and services required to complete a closing. A closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of the North Carolina Bar Association and the North Carolina Association of REALTORS@ that all buyers should hire an attorney licensed in North Carolina to perform a closing. (n) "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes and recurring governmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment (dues), either of which may be a lien against the Property. A Special Assessment may be either proposed or confirmed. "Proposed Special Assessment": A Special Assessment that is under formal consideration but which has not been approved prior to Settlement. "Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether or not it is fully payable at time of Settlement. 2. BUYER'S DUE DILIGENCE PROCESS: (a) Loan: During the Due Diligence Period, Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval of the Loan if any. (NOTE: Buyer is advised to consult with Buyers lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction since the Loan is not a condition of the Contract.) (b) Property Investigation: During the Due Diligence Period, Buyer or Buyer's agents or representatives, at Buyer's expense, shall be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of the Property as Buyer deems appropriate, including but NOT limited to the following: (i) Soft And Environmental: Reports to determine whether the soil is suitable for Buyer's intended use and whether there is any environmental contamination, law, rule or regulation that may prohibit, restrict or limit Buyers intended use. (ii) Septic/Sewer System: Any applicable investigation(s) to determine: (1) the condition of an existing sewage system, (2) the costs and expenses to install a sewage system approved by an existing Improvement Permit, (3) the availability and expense to connect to a public or community sewer system, and/or (4) whether an improvement Permit or written evaluation may be obtained from the County Health Department for a suitable ground absorption sewage system. (iii) Water: Any applicable investigation(s) to determine: (1) the condition of an existing private drinking water well, (2) the costs and expenses to install a private drinking water well approved by an existing Construction Permit, (3) the availability, costs and expenses to connect to a public or community water system, or a shared private well, and/or (4) whether a Construction Permit may be obtained from the County Health Department for a private drinking water well. (iv) Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation, Rules and Regulations, and other governing documents of any applicable owners' association and/or subdivision. If the Property is subject to regulation by an owners' association, it is recommended that Buyer completed Owners' Association And Addendum (Standard Form 2Al2-T) provided by Seller prior to signing thisoer. Page 3 of 11 DEC 17 Z014 DChn-h1HB 4ti4 STANDARD FORM 12-T Revised V2014 Buyer in,o L Seller initials At RECEIVED 014 itials � Produced wkh zipPorm® by zipl.ogix IN70 Fgteen Milo Road Fraser, Michpan 48026 erom.zol-cois.ram DCM VVILMINGffticrIt NOV 2 4 2014 DocuSign Envelope ID: 34FBEFF9-ECA5-4419-Bo47-67E8897A52A4 (v) Appraisals: An appraisal of the Property. (vi) Survey: A survey to determine whether the property is suitable for Buyer's intended use and the location of easements, setbacks, property boundaries and other issues which may or may not constitute title defects. (vii) Zoning and Governmental Regulation: Investigation of current or proposed zoning or other governmental regulation that may affect Buyer's intended use of the Property, adjacent land uses, planned or proposed road construction, and school attendance zones. (viii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase flood insurance in order to obtain the Loan. (ix) Utilities and Access: Availability, quality, and obligations for maintenance of utilities including electric, gas, communication services, stormwater management, and means of access to the Property and amenities. (x) Streets/Roads: Investigation of the status of the street/road upon which the Property fronts as well as any other street/road used to access the Property, including: (1) whether any street(s)/road(s) are public or private, (2) whether any street(s)/road(s) designated as public are accepted for maintenance by the State of NC or any municipality, or (3) if private, the consequences and responsibility for maintenance and the existence and terms of any maintenance agreements. (c) Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the Property resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage caused by accepted practices applicable to any N.C. licensed professional performing reasonable appraisals, tests, surveys, examinations and inspections of the Property. This repair obligation shall survive any termination of this Contract. (d) Indemnity: Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and any termination hereof. (e) Buyer's Rigbt to Terminate: Buyer shall have the right to terminate this Contract for any reason or no reason, by delivering to Seller written notice of termination (the "Termination Notice") during the Due Diligence Period (or any agreed -upon written extension of the Due Diligence Period), TIME BEING OF THE ESSENCE. If Buyer timely delivers the Termination Notice, this Contract shall be terminated and the Earnest Money Deposit shall be refunded to Buyer. WARNING: If Buyer is not satisfied with the results or progress of Buyer's Due Diligence, Buyer should terminate this Contract, prior to the expiration of the Due Diligence Period, unless Buyer can obtain a written extension from Seller. SELLER IS NOT OBLIGATED TO GRANT AN EXTENSION. Althought Buyer may continue to investigate the Property following the expiration of the Due Diligence Period, Buyer's failure to deliver a Termination Notice to Seller prior to the expiration of the Due Diligence Period shall constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyer's Due Diligence. Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Seller fails to materially comply with any of Seller's obligations under paragraph 6 of this Contract or for any other reason permitted under the terms of this Contract or North Carolina law. (f) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 3. BUYER REPRESENTATIONS: (a) Loan: Buyer ❑ does W does not have to obtain a new loan in order to purchase the Property. If Buyer is obtaining a new loan, Buyer intends to obtain a loan as follows: ❑ Conventional ❑ Other: loan at a ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of for a tern of year(s), at an initial interest rate not to exceed % per annum (the "Loan"). (NOTE: Buyer's obligations under this Contract are not conditioned upon obtaining or closing any loan. If Buyer represents that Buyer does not have to obtain a new loan in order to purchase the Property, Seller is advised, prior to signing this offer, to obtain documentation from Buyer which demonstrates that Buyer will be able to close on the Property without the necessity of obtaining a new loan.) RECEIVED Page 4 of I 1 Buyer initials 'KI" � Seller initials Produced erM zlpForm® 0y ApLogix IN70 Fifteen We Road. Fraser. Michigan 46026 DEC 17 1014 DCM-1f4M1n r.Wr. STANDARD FORM 12-T Revised 7/2014 RECEIVt=LJ DCM WILMINGiMN1 MLNtt NOV 2 4 2014 DocuSign Envelope ID: 34FBEFF9-ECA5.4419-B047-67E6897A52A4 (b) Other Property: Buyer ❑ does ® does not have to sell or lease other real property in order to qualify for a new loan or to complete purchase. (NOTE: If Buyer does have to sell, Buyer and Seller should consider including a Contingent Sale Addendum (Standard Form 2A2-T) with this offer.) (c) Performance of Buyer's Financial Obligations: To the best of Buyer's knowledge, there are no other circumstances or conditions existing as of the date of this offer that would prohibit Buyer from performing Buyer's financial obligations in accordance with this Contract, except as may be specifically set forth herein. 4. BUYER OBLIGATIONS: (a) Owners' Association Fees/Charges: Buyer shall pay any fees required for confirming account payment information on owners' association dues or assessments for payment or proration and any charge made by the owners' association in connection with the disposition of the Property to Buyer, including any transfer and/or document fee imposed by the owners' association. Buyer shall not be responsible for fees incurred by Seller in completing the Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statement (Standard Form 2Al2-T). (b) Responsibility for Proposed Special Assessments: Buyer shall take title subject to all Proposed Special Assessments. (c) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to any loan obtained by Buyer, appraisal, title search, title insurance, recording the deed and for preparation and recording of all instruments required to secure the balance of the Purchase Price unpaid at Settlement. 5. SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seller: ❑ has owned the Property for at least one year. ❑ has owned the Property for less than one year. ® does not yet own the Property. (b) Assessments: To the best of Seller's knowledge there are no Proposed Special Assessments except as follows (Insert "None" or the identification of such assessments, if any): none Seller warrants that there are no Confirmed Special Assessments except as follows (Insert "None" or the identification of such assessments, if any): none (c) Owners' Association(s) and Dues: To best of Seller's knowledge, ownership of the Property ❑ subjects ® does not subject Buyer to regulation by one or more owners' association(s) and governing documents, which impose various mandatory covenants, conditions and restrictions upon the Property and Buyer's enjoyment thereof, including but not limited to obligations to pay regular assessments (dues) and Special Assessments. If there is an owners' association, then an Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statement (Standard Form 2Al2-T) shall be completed by Seller, at Seller's expense, and must be attached as an addendum to this Contract. (d) Sewage System Permit: (❑ Applicable ❑ Not Applicable) Seller warrants that the sewage system described in the Improvement Permit attached hereto has been installed, which representation survives Closing, but makes no further representations as to the system. (e) Private Drinking Water Well Permit: (❑ Applicable ® Not Applicable) Seller warrants that a private drinking water well has been installed, which representation survives Closing, but makes no further representations as to the well. (If well installed after July 1, 2008, attach Improvement Permit hereto.) 6. SELLER OBLIGATIONS: (a) Evidence of Title: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust, leases, and easements relating to the Property. Seller authorizes: (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; and (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys. RECEIVED DEC 17 2014 DC151=MPO,6!" Page 5 of 11 STANDARD FORM 12-T RECErVe �o14 Buyer initials �" Seller initials ll6 DCM WILMINGT0�Nts,.vf Ntf20114 Produced w h ziplcormA by zlpLogiz 18070 Mean Mlle Road, Fraser, Michigan 48M6 wm IoLoux com KeUI}i ,it NOV 2 4 20% DocuSign Envelope ID: 34FBEFF9-ECA5-4419-B047-67EB897A52A4 (b) Access to Property/Walk-Through Inspection: Seller shall provide reasonable access to the Property (including working, existing utilities) through the earlier of Closing or possession by Buyer, including, but not limited to, allowing the Buyer an opportunity to conduct a final walk-through inspection of the Property. To the extent applicable, Seller shall also be responsible for timely clearing that portion of the Property required by the County to perform tests, inspections and/or evaluations to determine the suitability of the Property for a sewage system and/or private drinking water well. (c) Removal of Seller's Property: Seller shall remove, by the date possession is made available to Buyer, all personal property which is not a part of the purchase and all garbage and debris from the Property. (d) Affidavit and Indemnification Agreement: Seller shall furnish at Settlement an affidavit(s) and indemnification agreements) in form satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has performed or furnished labor, services, materials or rental equipment to the Property within 120 days prior to the date of Settlement and who may be entitled to claim alien against the Property as described in N.C.G.S. §44A-8 verifying that each such person or entity has been paid in full and agreeing to indemnify Buyer, Buyer's lenders) and Buyer's title insurer against all loss from any cause or claim arising therefrom. (e) Designation of Lien Agent, Payment and Satisfaction of Liens: if required by N.C.G.S. §44A-11.1, Seller shall have designated a Lien Agent, and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Lien Agent. All deeds of trust, deferred ad valorem taxes, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (f) Good Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property in recordable form no later than Settlement, which shall convey fee simple marketable and insurable title, without exception for mechanics' liens, and free of any other liens, encumbrances or defects, including those which would be revealed by a current and accurate survey of the Property, except: ad valorem taxes for the current year (prorated through the date of Settlement); utility easements and unviolated covenants, conditions or restrictions that do not materially affect the value of the Property; and such other liens, encumbrances or defects as may be assumed or specifically approved by Buyer in writing. The Property must have legal access to a public right of way. (NOTE: Buyers failure to terminate this Contract prior to the expiration of the Due Diligence Period as a result of any encumbrance or defect that is or would have been revealed by a title examination of the Property or a current and accurate survey shall not relieve Seller of any obligation under this subparagraph) (NOTE: If any sale of the Property may be a "short sale," consideration should be given to attaching a Short Sale Addendum (Standard Form 2A14-T) as an addendum to this Contract.) Deed, Excise Taxes: Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's rations under this Contract, and for state and county excise taxes required by law. The deed is to be made to: determined or to closing (h) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $ N/A toward any of Buyer's expenses associated with the purchase of the Property, less any portion disapproved by Buyer's lender. NOTE: Examples of Buyer's expenses associated with the purchase of the Property include, but are not limited to, discount points, loan origination fees, appraisal fees, attorney's fees, inspection fees, and "pre-paids" (taxes, insurance, owners' association dues, etc). (i) Payment of Confirmed Special Assessments: Seller shall pay all Confirmed Special Assessments, if any, provided that the amount thereof can be reasonably determined or estimated. 0) Late Listing Penalties: All property tax late listing penalties, if any, shall be paid by Seller. (it) Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statement (Standard Form 2Al2-T): If applicable, Seller shall provide the completed Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statement to Buyer on or before the Effective Date. RECEIVED Page 6 of 11 DEC 17 ZN DEM4wel91at STANDARD FORM 12-T �°;� Revised 7/2014 Buyer initials w 0. Ep Seller initials " R E C E I V E 7/2014 Produced with zipliormA by zipLogix 16070 FMeon Mile Road, Fraser, Michigan 46026 ,�.'.M WILMINGTOAdgi NOV 2 4 2014 DocuSign Envelope ID: 34FBEFF9-ECA5-4419-8047-67EB897A52A4 (1) Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Seller's obligations under this Paragraph 6 or Seller materially breaches this Contract, and Buyer elects to terminate this Contract as a result of such failure or breach, then the Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to Buyer the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence without affecting any other remedies. If legal proceedings are brought by Buyer against the Seller to recover the Earnest Money Deposit, the Due Diligence Fee and/or the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. 7. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated through the date of Settlement and either adjusted between the parties or paid at Settlement: (a) Taxes on Real Property: Ad valorem taxes and recurring governmental service fees levied with such taxes on real property shall be prorated on a calendar year basis; (b) Rents: Rents, if any, for the Property; (c) Dues: Owners' association regular assessments (dues) and other like charges. 8. CONDITION OF PROPERTY AT CLOSING: Buyer's obligation to complete the transaction contemplated by this Contract shall be contingent upon the Property being in substantially the same or better condition at Closing as on the date of [his offer, reasonable wear and tear excepted. 9. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. If the improvements on the Property are destroyed or materially damaged prior to Closing, Buyer may terminate this Contract by written notice delivered to Seller or Seller's agent and the Earnest Money Deposit and any Due Diligence Fee shall be refunded to Buyer. In the event Buyer does NOT elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, any of Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property being purchased. Seller is advised not to cancel existing insurance on the Property until after confirming recordation of the deed. 10. DELAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent modification thereto, if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in good faith and with reasonable diligence to proceed to Settlement ("Delaying Party"), and if the other party is ready, willing and able to complete Settlement on the Settlement Date ("Non -Delaying Party") then the Delaying Party shall give as much notice as possible to the Non -Delaying Party and closing attorney and shall be entitled to a delay in Settlement. If the parties fail to complete Settlement and Closing within fourteen (14) days of the Settlement Date (including any amended Settlement Date agreed to in writing by the parties) or to otherwise extend the Settlement Date by written agreement, then the Delaying Party shall be in breach and the Non -Delaying Party may terminate this Contract and shall be entitled to enforce any remedies available to such party under this Contract for the breach. 11. POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing as defined in Paragraph 1(m). No alterations, excavations, tree or vegetation removal or other such activities may be done before possession is delivered. 12. OTHER PROVISIONS AND CONDITIONS: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HERETO. (NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT CONDITIONS OR CONTINGENCIES TO THIS CONTRACT.) ® Additional Provisions Addendum (Form 2A11-T) ❑ Owners' Association Disclosure And Addendum For Properties ❑ Additional Signatures Addendum (Form 3-T) Exempt from Residential Property Disclosure Statement (Form ❑ Back -Up Contract Addendum (Form 2A1-T) 2Al2-T) ❑ Contingent Sale Addendum (Form 2A2-T) ❑ Seller Financing Addendum (Form 2A5-T) ❑ Loan Assumption Addendum (Form 2A6-T) ❑ Short Sale Addendum (Form 2A14-T) ® OTHER: Seller agrees to escrow Ilsoliftfor future dock construction. RECEIVED DEC 17 2011 mInw"PHYl► Page 7 of I 1 STANDARD FORM 12-T Revised 7/2014 Buyer initialsL' E Seller initials Job RECEIVET5n014 Pmtluced with zlpForme by zlpLoplr 18070 Fifteen Mile Road Fraser, Michigan 48M6 mDCM WILMINGTOi NOV 242014 Do Sign Envelope ID: 34FBEFF9-ECA5.4419-B047-87EB897A52A4 13. ASSIGNMENTS: This Contract may not be assigned without the written consent of all parties except in connection with a tax - deferred exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs and successors. 14. TAX -DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non -exchanging party shall not assume any additional liability with respect to such tax -deferred exchange. Buyer and Seller shall execute such additional documents, including assignment of this Contract in connection therewith, at no cost to the non -exchanging party, as shall be required to give effect to this provision. 15. PARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 16. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 17. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR@ or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. 18. NOTICE: Any notice or communication to be given to a party herein may be given to the party or to such party's agent. Any written notice or communication in connection with the transaction contemplated by this Contract may be given to a party or a parry's agent by sending or transmitting it to any mailing address, e-mail address or fax number set forth in the "Notice Information" section below. Seller and Buyer agree that the "Notice Information" and "Acknowledgment of Receipt of Monies" sections below shall not constitute a material part of this Contract, and that the addition or modification of any information therein shall not constitute a rejection of an offer or the creation of a counteroffer. 19. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and the same instrument, and the parties adopt as their seals the word "SEAL" beside their signatures below. 20. COMPUTATION OF DAYS: Unless otherwise provided, for purposes of this Contract, the term "days" shall mean consecutive calendar days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the purposes of calculating days, the count of "days" shall begin on the day following the day upon which any act or notice as provided in this Contract was required to be performed or made. [THIS SPACE INTENTIONALLY LEFT BLANK) Page 8 of 1 I Buyer initials KAK Seller initials 96 RECEIVED DEC 17 MR PRw-"nee" STANDARD FORM 12-T RE-CEiftpl712o14 DCM WILMINGTON, N� PhAuced with zipForme by zlpl-opix INN Fifteen Mlle Road, Fraser, MlchiBen 4 026 www.ziaL x cam Kathy Rowlett NOV 2 4 2014 Dow$lgn Envelope ID: 34FBEFF9-ECA5-4419-B047-67E8897A52A4 THE NORTH CAROLINA ASSOCIATION OF REALTORM INC. AND THE NORTH CAROL NA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. This offer shall become a binding contract on the Effective Date. Date: °e"`�w 10/24/2014 Buyer 19 (SEAL) Vatft-eewlett Date: Buyer Qy Mrm 10/25/2014 (SEAL) tlortoa Entity Buyer (Name of LLC/Corporation/Partnership/Trust/etc.) By: Date: ra" w 10/26/2014 Seller Plro/triit , UL (SEAL) erties, LLC Date: Seller (SEAL) Entity Seller: JAN Properties, LLC (Name of LLC/Corporation/Partnership/Trust/etc.) By: Name: Name: Title: Title: Date: Date: RECEIVED DEC 17 ZN hJtkM-NNAr� Page 9 of 11 STANDARD FORM 12-T Fitj CL 0 7M14 DCM WILMINGTON, g8014 Pradu with zipFwniO by zip-o0lz 16070 Fdleea Mile Road, Fraser, Mbhigm 4a0E6 �pmpy,zjptA016,B1m Kathy Rowlett NOV 2 4 26A DoouSign Envelope ID: 34FBEFF9-ECA5-4419-B047-67E8897A52A4 NOTICE INFORMATION NOTE: INSERT THE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY WHICH ARE NOT APPROVED. BUYER NOTICE ADDRESS: Mailing Address: Buyer Fax#: Buyer E-mail: SELLING AGENT NOTICE ADDRESS: FirmName:Bardee Hunt & Williams Acting as❑ Buyer's Agent❑ Seller's (sub)Agent ®Dual Agent Mailing Address: 602 Cauaeway Dr, Wrightsville Beach, NC 28480 Individual Selling Agent: Ronald J. Bunt ❑ Acting as a Designated Dual Agent (check only if applicable) License #: 139429 Selling Agent Phone#: (910)520-3820 Selling Agent Fax#: (910)256-2497 Selling Agent E-mail: hanteh.:dehuntandwilliaae.c01Z SELLER NOTICE ADDRESS: Mailing Address: Seller Fax#: Seller E-mail: LISTING AGENT NOTICE ADDRESS: Firm Name: Acting as ❑ Seller's Agent W Dual Agent Mailing Address: same, , Individual Listing Agent: Ronald J. Bunt ❑ Acting as a Designated Dual Agent (check only if applicable) License #: 139429 Listing Agent Phone#: Listing Agent Fax#: Listing Agent E-mail: RECEIVED DEC 17 20M e etm-WHID CI)Y Page 10 of 11 STANDARD FORM 12-T Revised 7/2014 RECEIVEDa7/2014 Produced with dpForme by zipLapiv l8070Fiftw Mile Rcad,Fracer,Mlchlpen48W6 „mml,:,oL ,QCM WILMINGTOIhtN llowlen NOV 2 4 2014 RECEIVED DEC 17 7014 n,Kmm*mP-l" DocuSign Envelope ID: 34FBEFF9-ECAS-4419-BO47-67E8897A52A4 ACKNOWLEDGMENT OF RECEIPT OF MONIES Seller: JAM Properties, LLC ("Seller") Buyer:xathy Rowlett, Mandy Norton ('Buyer") Property:8112 Bald Eagle Lane, Wilmington, 28411 ('Property") ❑ SELLER ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph l(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of $ , receipt of which Seller hereby acknowledges. Date UM Seller: JdM. Pranlics, UL 10/26/2014 (Signature) JAM Properties, LLC Seller: (Signature) ❑ ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF INITIAL EARNEST MONEY DEPOSIT Paragraph 1(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an Initial Earnest Money Deposit in the amount of $ . Escrow Agent as identified in Paragraph l(f) of the Offer to Purchase and Contract hereby acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date Finn: Hardee Hunt & Williams By: (Signature) (Print name) ❑ ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF (ADDITIONAL) EARNEST MONEY DEPOSIT Paragraph 1(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an (Additional) Earnest Money Deposit in the amount of $ . Escrow Agent as identified in Paragraph l(f) of the Offer to Purchase and Contract hereby acknowledges receipt of the (Additional) Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date Firm: Hardee Hunt & Williams By. RECENED (Signature) 11Ff L7 2014 (Print name) DCM-NHD CRY Page 1 I of I 1 STANDARD FORM 12-T Revised UM14 RECEIVED 07/2014 PrwWCsd with zipFom4by zipLogix IN70 Fifteen Mile Road, Fraser, Michigan 4B026 www zl� WILMINGTONKNIPRowlen NOV 2 4 2614 i -. RECEIVED DEC 17 2014 Berta-wb ea