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HomeMy WebLinkAbout17-15 Ratcliff, JamesPermit Class NEW Permit Number Ili-15 STATE OF NORTH CARD LIINA Department of Environment and Natural Resources and for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Chi®e Rose ILLC c/o .Vannes 1lateiaff 111 103 N. Channel Drive, Wrightsville Beach, NC 28480 Authorizing development in New Hanover County at Lees Cut, 20 Pelican A & B, Wrightsville Beach as requested in the permittee's application dated 11%12/14 (MP-1 & MP- 2) and 12/1/14 (MP-4) including the attached worknlan drawings (3) all dated 12/1/14 This permit, issued on lA ehrr➢mrr v 5, 2flT 5 , 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 be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking IFacili@y 1) Unless specifically altered herein, this permit authorizes the extension of the dock 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 Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. 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 1Decemnber 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. --Nz/ a 2: � . LY Braxton Mavis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Chloe hose LLC c/o James I2atclifff IIff Permit #17-15 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) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 8) The roof of the gazebo shall not be designed for second story use. 9) This permit authorizes 2 additional formalized boatslips for a total of 8 formalized boatslips associated with this docking facility. Bulkhead 10) The bulkhead shall be constructed immediately waterward of the existing bulkhead. 11) No backfill material shall be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 12) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 13) The bulkhead shall be constructed prior to any backfilling activities. 14) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 15) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 16) All backfill material shall be clean and free of any pollutants except in trace quantities. 11 (Chloe hose LLC c/o .tames Rateliff III Permit #17-15 Page 3 of 3 ADDITIONAL CONDITIONS Sedimentation and Erosion Control 17) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 18) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 19) 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. 20) No vegetated wetlands shall be excavated or filled, even temporarily, without permit modification. 21) 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. 22) The permittee 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. NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 14-1288. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2015-00012, which was issued on 1/6/15. NP-1 APPLICATION for Major Development Permit (last revised 12/27/06) hm North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (it applicable) CA J0 le, I LC Applicant 1: First Name James MI % 4. Last Name Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address CA I L PO Box City 9• State 0-2 , .t,C b 1,/,,' ZIP g Country LJ Phone No. 9/0 7 0 gext. FAX No. Street Address different from above) 0 L N dQ City GcJ State ZIP Email 4 i r S ✓ r 2. AgentlContractorInformation` Business Name Agent/ Contractor 1: krst Name MI Last Name , Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City 7tate— ZIP Phone No. 1 IIV 4 k3jx:t: Phone No. 2 ext. FAX No. Contractor # DEC 1) 1mA Street Address (d different from above) City State ZIP I�PIA-wrrr C Email RECEIVED <Form continues on back> DCM WILMINGTON, NC DEC D 12014 252-808.2808 .. 1-888-411COAST .. www.necoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Ne. A i_ N Subdivision Name City wt g, State �c Zip A $ No. Lot No.(s) (if many, attach additional page with list) GPhone o 1 C I p� ext. a. In which INC river basin is the projeo located? Ct, b. Name of body of water nearest to proposed project e 1-m t,/ 1-ce S C u >' c. Is the water bo dentifi d in (b) above, natural or manmade? d. Name the closest major water body to the pp osed pr ct site. ❑Natural Manmade ❑Unknown 6rctr i//ll S e. Is pro�psed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed es []No work falls within. Site Description Total length of shoreline on he tract (ft) (� ra. Z ,31/ b. Size of entire tract (sq.ft.) 9Y18 v, zjrozp� c. Size of individual lolls) d. Approximate elevation of tract above WW (normal high water) or — NWL (normal water lev (If many lot sizes, please attach additional page with a list) HW or ❑NWL e. Vegetation on tract 1_4W✓1 q I`Ci5 S m✓{'1Li�{7l/-t f� / /�j✓yrlySl�+�JJh� 0 I. Man-made features and uses now on tract g. Identify and describe the existing land uses adiacent to the proposed project site. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? (Attach z ing compliance certificate, if applicable) ❑No ❑NA es j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes o RECEIVE k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No B5A DEC' 1 2 If yes, by whom? DCIy1-IMMr) I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes []No A National Register listed or eligible property? <Form continues on next page> I" RECEIVED DCM WILMINGTON, NC DEC 0 12014 252-808-2808 :. '1-883.4RCOAST :: www.nccoastalmanagement.nst Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit bt;ad I m. (i) Are there wetlands on the site? ❑Yes ONo (il) Are there coastal wetlands on the site? ❑Yes ;Noo (ill) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes (yNo (Attach documentation, if available) n. Describe existing wastewater ttrre/atment facilities. h d(t 'al Q o. Describe existing drinking water supply source. p. Describe existing sl6rm water management or treatment s stems. S LA Q k U. Ai O 5. Activities and Impacts a yyill thW� pr g 4be for omm ci I publio, or pri�a to use? ❑C mercial ❑Public/Govemment LAY}era t� - SI o 100,- UouK i-o mAi•c.�'1 et. K S� vj 1;- k ReV1qCq' rivate/Community 2.u0V2 CQ b. Give a brief description of purpose, use, d daily operation of the project when - omplete. ' TA,�&4c l .ve-w Y-Qe.q,�ed 4i mbeg UkM4Q 4d iAel/01 o�a.v alsj e%eAloRati,u c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each typ of equipment and where it is to be stored. G1se wa4eR stf 1c i-VJal1 .11®t/ 6u1A-P7e4d, r8ack�►oe >�o ReMove e iN S NI i �Ie✓ 0 d. List all development activities you propose. e+v TRealj 1; 4eR 6 A10 eJ W IIJi back�l I I. e. Are the proposed activities maintenance of an existing project, new work, or both? NGW �r/Gr/ ` 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 IVNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. REC i. Will wastewater or stoonwater be discharged into a wetland? ❑Yes []No BnA DEC 1 If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA B6IM j. Is there any mitigation proposed? []Yes []No If yes, attach a mitigation proposal. DCM WILMINGTON, NC <Form continues on back> X s).k, IVED 1N" -i n t*AI%I DEC 0 1 2014 252.808-2808 :. 1.888-4RCOAST :: www.nccoastalmanagernent.net ,Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (9 are always applicable to any major 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. 6 A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Ak A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. The appropriate application fee. Check or money order made payable to DENR. rZ S U I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Reu��Q,p d. R rA, Max W ,iv� ( Phone No. Address I b �E.', i 4: A.) Q 19il"!'i 10 Name 1A)��1j0.M µQ,QJ�Js Phone No. Address del P211 CA..J Ck;u 1 c;'. }�C Name a - Jot,.� r s11�.s�N .auR Phone No. Address .ate ' " .ti' - W • , g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. NAI j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) N�- k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify th the in omration provided in this application is truthful tote best of y knowledge. Print Name c iT` RECEIVED tiilynature DEC 1 1 In" Plea ndicate application attachments pertaining to your proposed project (?Pro J�Mi CITY CM MP-2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts YMP-3Upland Development MP-4 Structures Information RECEIVED DCM WILMINGTON, NC DEC 0 12014 252-808-2808 .. 1-888-4RCOAST .. www.necoastalmanagement,net Form DCM MP-2 EXCAVATION and FILL 10 (Except for bridges and culverts) 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. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline Length Width Depth Depth excavated from below NHW or NWL In cubic yards. c. (i) Does the area to be excavated include 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 []SAV ❑SB _ ❑WL []None (ii) Describe the purpose of the excavation in these areas: c. (I) Do you claim title to disposal area? []Yes ❑No ❑NA (il) If no, attach a letter granting permission from the owner e. (i) Does the disposal area include any 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 []SAV ❑SB ❑WL ❑None (II) Describe the purpose of disposal in these areas: to be excavated. d. High -ground excavation in cubic yards. d. (1) Will a disposal area be available for future maintenance? ❑Yes []No DNA (ii) If yes, where? f. (1) Does the disposal Include any area in the water? []Yes ❑No ❑NA (ii) If yes, how much water area is affected? RECEIVED DEC 11 ?014 f�tit�=MllfYr+ rt1YW 252-808-2808 :: 1-888.4RCOAST :: wuvw.nccoastalmanajgement.net revised: 12126/06 Fbrm DCM MP-2 (Excavation and Fill, Page 2 of 2) 3.iOfi (If development is a wood groin, use MP-4 — Structures) a. T p of shoreline stabilization: b. ulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: d. e. Type of stabilization material: f. 4,,A � +4 ,Aea &IkKIZAA g. X Number of square feet of fill to be placed below water level. f t Bulkhead backfill 3AI Riprap Breakwater/Sill Other I. Source of fill material - It. ❑This section not Length: (2y,3 f Width: L Maximum distance waterward of NHW or NWL: S "Aaw (i) Has there been shoreline erosion during preceding 12 Vhs7 s []No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. r ^ / //// All ;A41 e'al)" Type off fill material. Iea.v SaAJ 4. OTHER FILL ACTIVITIES /�f s section not applicable (Excluding Shoreline Stabilization) / 4' 1 a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (III) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion b, controlled? n V:11 will e ii&�/ b �1flZ c. (i) Will navigatigpel'iNss be required as a result of the project? []Yes ( o OA (ii) If yes, explain what type and how they will be implemented. ///01/1 Project Name suomergee aquatic vegetation far,vl, sneu corium faol, or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB _ OWL ❑None (ii) Describe the purpose of the fill In these areas: What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? h.CkI'Me. d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes Wo ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Name RECEIVED _ DEC 11 2au Mera:wn,n rnv 252.808.2808 :: 1-888.4RCOAST :: vv v .nccoastalmanaaement.net revised: 12/26/06 Form DCM MP-2 P EXCAVATION and FILL (Except for bridges and culverts) - 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. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL stabilization Length Width Avg. Existing NA NA Depth Final Project NA NA Depth L MCAVA77014 1111A 1rhis section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (1) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (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 ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of the excavation in these areas: 2. D/SPOSAL OF:EXCAVATED MATERIAL his section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (1) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlandsrmarsh (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 ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: I. (i) Does the disposal include any area in the water? []Yes []No ❑NA (ll) If yes, how much water area is affected? 252-808-2808 :: 1-888.4RCOAST .: www.nccoastal_manage_ment net revised: 12/26/06 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. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: / b. ❑Commercial ❑Public!Government-,4--,L�,nvate/Commundy c. (i) Dock(s) and/or pier(s) d. (it) Number (iii) Length (iv) Width (v) Floating ❑Yes ONO e. (i) Are Platforms included? es 'ONO If yes: I (ii) Number (iii) Length (iv) Width (v) Floating as ❑No Note: Roofs areas are calculated from ddpline dimensions. g. (i) Number of slips proposed (ii) umber of slips existing i. Check the proposed type of siting: ❑ Land cut and access channel ❑O water; dredging for basin and/or channel pen water; no dredging required ❑Other; please describe: k. Typical boat length:" *Z? m. (I) Will the facili ve tie pilings? ❑Yes 2eo (ii) If yes number of tie pilings? f. ❑This section not applicable (i) Will the facil be open to the general public? ❑Yes No (i) Are Finger Piers included? []Yes 2410 If yes: (ii) Number (iii) Length (iv) Width _ (v) Floating ❑Yes ❑No (1) Are Boatlifts included? ❑Yes LINO If yes: (it) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ckage, fuel, and marine supplies of Dockage ("wet slips") only, number of slips: "o ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). �L a6okJ RECEIVED DEC i i wnti P-AAA-94tw17fiIFY I. (1) Will the facility pen to the general public? []Yeso RECEIVED DCM WILMINGTON, NC DEC 0i2014 282-808-2808 :: 1.888.4RC0ASY :: www.nccoastaimanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ElN A _ Toilets for trons; Number: ;Location: _ �/ ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. 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 proposed. (ii) Give the location and number of "Pumpout Available" signs proposed f. Describe the special design, if applicable, for containing industrial type pollutants, such as part, 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 proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect rea water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently m. Is the marinKckirg facility proposed within a primary or secondary nursery area? ❑Yes B64Mf="Ht1 C" RECEIVED DCM WILMINGTON, NC DEC o 12014 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/d ing facility proposed within or adjacent to any shellfish harvesting area? Dyes o o. Is the me 'in' facility proposed within or adjacent to coastal wetlandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands If any boxes are checked, provide the number of square feet affected. ❑CW ❑ ❑SB OWL _ _ None _ p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes eNo Ill give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered lifts) ' a{I This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community.. (it) Number (III) 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.) PSThis section not applicable a. (i) Number (ii) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 16. MOORING PILINGS and BUOYS OThis section not applicable a. Is the structure(s): ❑Commercial ❑PublidGovemment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVen DEC 117me F)Pt" M HF1 PITY 7. GENERAL FIEOUVED, ditM M:WNd"` 0N', NC DEC o 12014 252-808.2808 :: 1-8884RCOAST :: www.neeoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (structures, Page 4 of 4) a. Proximity of structures) to adjacent riparian property lines 115 Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width qf water Pody — -- - '` oU e. (i) Will naviga al aids be required as a result of the project? ❑Yes No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjac?nt docking facilities. MI5 d. Water at waterard end of structure at NLW or NWL 6') �v�-W 8. OTHER Issection not applicable. a. Give complete description: 2` Date RECEIVED DEC 1 171114 BEM-MHf CITY RECEIVED DCM WILMINGTON, NC D E C 0 12014 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 -F —V-T ri RECEWD DEC 117014 BeIMRM H H Pay FAE C- E I V E D L)CM WILMINGTON, NC DEC o 12014 CXlsilg6Coi(j2d25 5-4b/6vgyaX4b) �uLuliL�'t RECEIVED DEC 1 1 21114 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC DEC 0 12014 A A8 -EN R North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 9, 2015 Chloe Rose, LLC c/o James Ratcliff, III 103 N. Channel Drive Wrightsville Beach, N.C. 28480 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, m k 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.nccoastaimanagement.net An Equal Opportunity/Affirmative Action Employer DCM Coordinator: Permit #: / 7- / S MAILING DISTRIBUTION SHEET DCM Field Offices Elizabeth City Morehead City I<( US ACOE Offices: (with revised work plan drawings) Washington: Ralei i Wilmington: Tvl rh b Cultural Resources: Renee Gledhill -Early or ' onmental.review@ncdcr.gov) Public Water Supply: Joey cite (WARD) NC DOT: en Pa Shellfish Sanitation: tEi-1=owle State Property: Ti rt_7MM — Water Resources: Jo ;ennessy (NC DOT) Washington: Anthony Scarborough Wilmington: Joanne Steenhuis — 401 Cha m - 4 , Linda Lewis - o water Wildlife Resources: LPO: Fax Distribution: Permitee Agent #:. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: James Ratcliff III PROJECT NAME: Ratcliff Docking Facility COUNTY: New Hanover LOCATION OF PROJECT: 20 Pelican Dr., adjacent to Lee's Cut, in Wrightsville Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12-1-14 FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Robb Maiirs DISTRICT MANAGER REVIEW: LC ?/ B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 12-12-14 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIG T C) 75 DAY DEADLINE: MAIL OUT DATE:12-9-14 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY. To Be Forwarded: To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE RECD: 250 END OF NOTICE DATE:1-2-15 DEED C' : ON: 150 DAY DEADLINE: STATE DUE DATE: 1-2-15 7 ff -11kelulul ►1 b. NMI AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative 1-2, t l- I ✓ Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) Division of Water Resources (401) 1-70.- /S ✓ / y �2 Q Storm Water Management(DEMLR) Iz-zs-IN State Property Office 1-14 IS Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission 12.22 t c; Local Permit Office I 31-1 l Division of Marine Fisheries / DCM 12 - i t RECEIVED Corps of Engineers (- 4- cis= Orx��L 0 ®�,� I�CDF-NR North Carolina Department of Environment and Natural Resources Pat McCrory Governor January 8, 2015 ChloeRose, LLC Mr. James L. Ratcliff III 103 North Channell Drive Wrightsville Beach NC 28480 Donald R. van der Vaart Secretary DWQ Project # 14-1288 New Hanover County Subject Property: 20 Pelican Drive — Wrightsville Beach NO WRITTEN CONCURRENCE NEEDED Dear Mr. Ratcliff, You have our approval, in accordance with the attached conditions to install a new bulkhead in front of an existing bulkhead and to extend a floating dock as described in your application received by the N.C. Division of Water Resources (DWR) on December 10, 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 http://Mrtal.ncdenr.org/web/wq/sm p/ws/401/certsandt)ermits. This Certification allows you to use the Regional General #197800056 Permit and the Nationwide Permit 3 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. 1617 Mail Service Center, Raleigh, North Carolina 27699-1601 RECEIVED Phone: 919-707-8600 1 Internet: www.ncdenr.gov 1AN 2 0 1011 An Equal Opportunity 1 Affirmative Action Employer - Made in pert by recycled paper Fes"-"H5 CITY L 20 Pelican Drive New Hanover County f' 2014-1288 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, Chad Coburn Senior Environmental Specialist Wilmington Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC3883 Certificate of Completion RECEIVED 1AN 2 0 1015 W-"-WP%r rain cc: 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 E Certification of Completion DWR Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: County: 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 L used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: Agent's Certification , 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: 1, , 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: Date: If this project was designed by a Certified Professional 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 RECEIVED JAN 8 0 Z03 l+r-�-�x❑M au{; NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary December 9, 2014 Division of Coastal Management MEMORANDUM: o 9 2014 TO: Chad Coburn 401 Wetlands DWR - WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: James L. Ratcliff 111 Project Location: 20 Pelican Dr., adjacent to Lee's Cut, in Wrightsville Beach, New Hanover County Proposed Project: replacement of an existing bulkhead 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: t% 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 0 / --0 RECEIVW JAN 10 P'A N.C. Division of Coastal Management H"A wl5fMIIV 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastaJmana.gement.net An Equal Opportunity \ Affirmative Action Employer DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 MPLv To ATI'CNTION OF January 6, 2015 Regulatory Division Action ID No. SAW-2015-00012, General Permit No. 197800056 Mr. James L. Ratcliff, III 103 N. Channel Drive Wrightsville Beach, North Carolina 28480 Dear Mr. Ratcliff: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to replacement of an existing bulkhead and dock improvements at 20 Pelican Drive, adjacent to Lee's Cut, in Wrightsville Beach, 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 12 1015 DCM-MHD 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 Sincerely, Tyler Cndnbley, Project Manager Wilmington Regulatory Field Office Enclosure GP 56 conditions Copy Furnished (w/o enclosure): Mr. Robb 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 Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 RECEIVED JAN 12 2015 DCM-MHD CITY r DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTDMON OF: January 6, 2015 Regulatory Division Action ID No. SAW-2015-00012, General Permit No. 197800080 Mr. James L. Ratcliff, III 103 N. Channel Drive Wrightsville Beach, North Carolina 28409 Dear Mr. Ratcliff: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to replace an existing bulkhead and perform dock improvements at 20 Pelican Drive, adjacent to Lee's Cut, in Wrightsville Beach, New Hanover County, North Carolina. On January 1, 2011, we renewed general permit No. 197800080, (copy enclosed), that authorizes the maintenance, repair, construction and backfill of bulkheads and riprap structures along eroding high ground shorelines and construction of riprap structures to protect eroding wetland shorelines 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 121015 DCM-MHD CITY 1 Eta 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 ac t Manager Wilmington Regulatory Field Office Enclosure GP 80 conditions 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 Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 RECENED !ANl574 A �T NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 9, 2014 RECEIVED Division of Coastal Management MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location Tim Walton Dept of Administration State Property Office DEC 10 2014 DOA STATE PROPERTY OFFICE John E. Skvarla, III Secretary Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA / Dredge & Fill Application Review James L. Ratcliff 111 20 Pelican Dr., adjacent to Lee's Cut, in Wrightsville Beach, New Hanover County Proposed Project: replacement of an existing bulkhead f eAoe-& r�7olwvc• �tS ' 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: r\ p a aAd �p�rrvt. ©der SIGNED T�his.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. DATE N 12— ` 'l tal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964Internet: www.nccoastaimanagement.net RECEIVED JAN 14 7015 N A'a ww".1 i= An Equal Opportunity 1 Affirmative Adon Employer Q�� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor January 5, 2015 James L. Ratcliff III 103 N. Channel Drive Wrightsville Beach, NC 28480 Subject: EXEMPTION Stormwater Project No. SW8141210 Ratcliff Residence Bulkhead Project New Hanover County Dear Mr. Ratcliff: Donald van der Vaart Secretary 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 9, 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 conceming this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at lindaJewis(anodenr.gov. Sincer ly, For racy E. D P.E., Director Division of Energy, Mineral, and Land Resources GDSlart: GAWQ1SharedlStormwaterlPerrnits & Projects120141141210 Exemption12015 01 permit 141210 cc: New Hanover County Building Inspections Robb MairslShaun Simpson RECEIVED Jonathan Howell, DCM Wilmington Regional Office Stormwater File 1AN 0 9 2015 DCM-MHD CITY Division of Energy, Mineral, and Land Resources Land Quality section —Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-72151 Fax (910) 350-2004 Howell, Jonathan From: Crumbley, Tyler SAW <Tyler.Crum bley@usace.army.mil> Sent: Sunday, January 04, 2015 4:13 PM ~� To: Howell, Jonathan; Coburn, Chad Subject: SAW 2015-00012 / 20 Pelican Drive / WB / Bulkhead and Dock n Jonathan, We have received the application for the project located at 20 Pelican Drive, Wrightsville Beach. It appears that this project will qualify for usage of the RGP 56 and NWP #3. We have assigned the project AID: SAW 2015-00012. Thank you. Tyler Tyler Crumbley Project Manager U.S 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.crumbleyCo)usace.army.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/" ° 4bv i��F TOWN OF WRIGHTSVILLE BEACH s = PLANNING AND PARKS • 321 CAUSEWAY DRIVE • P.O. BOX 626 WRIGHTSVILLE BEACH, N.C. 28480.910-256-7937 N. �. December 30, 2014 Jonathan Howell, NC DENR 400 Commerce Avenue Morehead City, NC 28557 Re: CAMA Permit Application Review 20 Pelican Drive Mr. Jonathan Howell: The Town of Wrightsville Beach has reviewed the proposed CAMA Permit for 20 Pelican Drive. We have no objections to the proposed project but would like to offer a few comments on the project. We feel that it is imperative that adequate measures be taken to minimize potential negative environmental impacts associated with the project. As this project involves an area classified for conservation purposes in the Town's 2005 CAMA Land Use Plan it is important that the marine contractor proactively engages in responsible construction practices focused on mitigating increases in sedimentation and turbidity of Lee's Cut. The proposed dock expansion will also need to comply with the Town of Wrightsville Beach's pier head line requirements. Thank you for the opportunity to offer our feedback on the proposed project. Respectfully, Zachary Steffey Town Planner, LPO Town of Wrightsville Beach cc: Tony Wilson, Director of Planning & Parks RECENEC DEC R I ' "' DCM-M. RECEIVED DEC 31 2014 DCM-MHO CITY NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 9, 2014 Division of Coastal Management MEMORANDUM: TO: Zach Steffey LPO Wrightsville Beach 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 / Dredge & Fill Application Review Applicant: James L.Ratclifflll Project Location: 20 Pelican Dr., adjacent to Lee's Cut, in Wrightsville Beach, New Hanover County Proposed Project: replacement of an existing bulkhead�'� 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 RECEIVED N.C. Division of Coastal Management DEC 31 1014 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net DCM-MHD CITY An Equal Opportunity \ Affirmative Action Emp dyer Pat McCrory Governor NCDENR North Carolina Department of Environment and Natural Resources G.`L{ IIA-07- December 9. 2014 Division of Coastal Management MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location Maria Dunn NCW RC WaRO / WiRO John E. Skvarla, III Secretary r- DEC 2014 v ty, i V.,,.s »s +var;,tzuattal Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA / Dredge & Fill Application Review James L. Ratcliff 111 20 Pelican Dr., adjacent to Lee's Cut, in Wrightsville Beach, New Hanover County Proposed Project: replacement of an existing bulkhead Q,,a 1,iPe k 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 Mains 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 IJi. T�� DATE —� — RECEIVED DEC 2 2 2M4 N.C. Division of Coastal Management DCM-MNODC V 127 Cardinal Drive Ext., Wilmington, INC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www,nccoastalmanagement.net An Equal Oppodunily 1 AKnnative Aclion Emooyer ,_ •ir'lSlr'o3 A NCDENR North Carolina Department of Environment and Pat McCrory Governor December 9, 2014 Division of Coastal Management MEMORANDUM: TO: Anthony Law INC DOT New Hanover County DISTRICT 3 DEC 10 2014 Natural Resources 3ECEIVED John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, INC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: James L. Ratcliff 111 Project Location: 20 Pelican Dr., adjacent to Lee's Cut, in Wrightsville Beach, New Hanover County Proposed Project: replacement of an existing bulkhead a r/ D& /,- i M��fl✓l am f5 , 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. his 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 Z / RECEIVED N.C. Division of Coastal Management DEC 19 )n14 127 Cardinal Drive Ext., Wilmington, INC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastaimanagement.net pch9rhpMfl C—" An Equal Opportunity 1 Affirmative Action Employer RECEIVED DEC 19 tom DCM•MHD CITY 6-6 ARA. NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 9, 2014 Division of Coastal Management MEMORANDUM: TO: Jeremy Humphrey NH DEH Shellfish Sanitation Section 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 / Dredge & Fill Application Review Applicant: James L. Ratcliff 111 Project Location: 20 Pelican Dr., adjacent to Lee's Cut, in Wrightsville Beach, New Hanover County Proposed Project: replacement of an existing bulkhead 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. SIGNE DATE I 111111 RECEIVED DEC 17 ?AU N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 DCM-MHD Clio Phone: 910-796-72151 FAX: 910395-3964 Internet: www.nccoastaimanagement.net An Equal OppmNniy 1 Affirmative Acbm Employer Ad' ` ��_ NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 9, 2014 Division of Coastal Management MEMORANDUM: TO: FROM: SUBJECT: Applicant: Heidi Cox Environmental Engineer Public Water Supply John E. Skvarla, III Secretary CEC 0 9 2014 Division or WtRo . pub,. ter Resources S Ppes Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA / Dredge & Fill Application Review James L. Ratcliff 111 Project Location: 20 Pelican Dr., adjacent to Lee's Cut, in Wrightsville Beach, New Hanover County Proposed Project: replacement of an existing bulkhead 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 IJQQ2�? C DATE / `7 1' 115AUIq RECEIVED DEC 15 1n1A N.C. Division of Coastal Management MIM-FMH9 erry 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.7215 \ FAX: 910395-3964 Internet: www.nc=staimanagement.net An Equal Opportunity 1 Alfirnrafive Action Employer A�� j_ NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor John E. Skvarla, III Secretary December 9, 2014 Division of Coastal Management MEMORANDUM: DEC U 9 2014 j TO: Georgette Scott By' - Stormwater Section DEMLR - WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: James L. Ratcliff 111 Project Location: 20 Pelican Dr., adjacent to Lee's Cut, in Wrightsville Beach, New Hanover County Proposed Project: replacement of an existing bulkhead 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. S I G N E-4:WQ DATE RECEIVED N.C. Division of Coastal Management t1F� 8 A 2014 127 Cardinal Drive Ext., Wilmington, NC 26405 uPla1 rotMH pin Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nGcoastalmanagement.net An Equal opportunity l Affirmative Aclim Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 9, 2014 Division of Coastal Management MEMORANDUM: TO: FROM: SUBJECT: Applicant: Dan Sams District Manager DEMLR - WiRO DEC 0 9 2014 John E. Skvarla, III Secretary Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA / Dredge & Fill Application Review James L. Ratcliff 111 Project Location: 20 Pelican Dr., adjacent to Lee's Cut, in Wrightsville Beach, New Hanover County Proposed Project: replacement of an existing bulkhead 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 'PEC 17 LO)4 aEUVFF) N.C. Division of Coastal Management DEC 23 7014 127 Cardinal Dnve Ext., Wilmington, NC 28405 D`Y w";,) Ciry Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www,nccoastalmanagement.net An Equal Opportunity `. Atfirmafive Action Employer t �y i 'A NCDENRs orth Carolina Department of Environment and Natural Pat kieciory Govemor December, 9, 2014" Division of, Coastal Management MEMORANDUM: TO: Renee: Gledhill, -Early Dept. of Cultural Resources Archives & History <�"?21 F� (it. ,s c r FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill ApplicationReview I ).1311 ,t Applicant: James L::,RatcliN/// Project Location: 20 Pelican Dr,, adjacent to, Lee's Gut, in Wrightsville Seach,.New HanoverCountV Proposed Project: replacement of an existing bulkhead a­t/wocttI m L f7ro /e zr T 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. Seeattached. This -agency objects to the project for reasons described in, the attached comments. SIGNED' R-*41-C' CSt DATE l a a '� 7 N C.plvisioh'ol Coastal Management W Gardtnal,dnve Ext., Wilm!ngion, N¢ 28405 Pnone:910-796.72151FAX:910.39f3964Inlernetmwnccoas! lmmagemenl.net Ai�140p p1:y, U.n t.o 4::�6�T�v,& DEC 1 2 2014 - --PET I � N1C ENR . North Carolina Department of Environment and Natural Resources Pat McCrory Governor I RECENED December 9, 2014 DEC 112014 I Division of Coastal Management DCM•Fishorlos MEMORANDUM: wARO. TO: IasTM SUBJECT: Applicant: Project Location: Proposed Project John E. Skvarla, III Secretary Shane Staples Fisheries Resource Specialist "on uafry=• vy' DCM - WaRO 6�B �14ZS2bZ I Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA / Dredge & Fill Application Review James L. Ratcliff 111 I 20 Pelican Dr., adjacent to Lee's Cut, in Wrightsville Beach, New Hanover County replacement of an existing bulkhead a0W1__;6e_,- I""rove��AuzfS Please indicate below your agency'siposition 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. I. REPLY: This agency has no objection to the project as. proposed. Y I _L This agency has no comment on the proposed project. I This agency approves of the project only if the recommended changes are incorporated. See attached. SIGNED act for reasons described in the attached comments. DATE /IzI-?/y N.C. Division of Coastal Management 127 Cardinal Ddve Ext., Wilmington, NO 28405 Phone: 910.796.72151 FAX: 910-395.3904 Intemet: www.necoastalmanaaement.nat An Equal OpporlurdlyI Alfim*Na Ac6m Employer Recommendations for State Permit — James L. Ratcliff III 12/09/2014 The total area of floating docks and platform was calculated as follows: Shoreline length = 62' x 8 sq. ft. = 496 sq. ft. Existing floating dock and proposed floating dock = not calculated due to alignment Existing floating dock= 6' x 32'= 192 Existing fixed platform = 12' x 25' = 300 sq. ft. (credit applied through for access) Total = 492 sq. ft. It is the stabs recommendation that the new timber bulkhead waterward of an existing concrete sloping bulkhead are CONSISTENT with the Rules of 15 NCAC 7H.0208 (b) (7) (D)(ii) Use Standards for Bulkheads and Shore Stabilization Measures. The construction of the additional floating dock at the existing docking facility would provide additional docking for two (2) additional vessels for the total up to eight (8) 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 the pier width rule. The proposed structures would be located entirely over open water. If the project is determined to be consistent with NCAC 07H .0208(b) and (6), it is recommended that 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 or work, or injury which 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 eight (8) boat slips. At no time shall more than eight (8) 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. 9. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorization which may be required. RECEIVED Recommended Permit Conditions Continue On Next Page DEC 1120 DCM-MHD CITY 10. The alignment of the authorized bulkhead must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 11. The bulkhead must be constructed prior to any backfilling activities. 12. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 13. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 14. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 15. All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. 16. No backfill material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 17. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 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. RECEIVED OF 1 1 2014 Bew-rmnR enr rh AA * a I"CDENR North Carolina Department of Environment and Natural Resources Pat McCrory, Governor John E. Skvada, III Secretary December 9, 2014 Advertising@starnewsonline.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 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 Division 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, �AShaun K. Simpson Permit & Customer Support Division of Coastal Management cc: WiRO Jonathan Howell = MHC DCM Tyler Cmmbley - USACE Michele Walker- DCM RECEIVED DEC 1 1 2014 BEM-MHD CITY N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.7215 \ FAX: 910-395-3964 Internet: www,nocoastalmanagement.net An Equal Opportunity \ Affinnafive Aclim Empoyer 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 LAMA, in Wilmington, New Hanover County. On November 24, 2014, Willard BuDUn proposed to replace an existing bulkhead at 229 Gazebo Ct., adjacent to Myrtle Grove Sound; and 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. 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 29405, (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 1 1 2014 MAJOR PERMIT FEE SCHEDULE 1/31X ChloeRose, LLC-Ratcliff / $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 not 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: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 90 (see attached) could be applied, but DCM taff 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 V. Development that involves the filling and/or xcavation of more than one acre of wetlands nd/or open water areas: $475 60% $285 40% $190 RECEIVED DEC I 1 7nu e"nn-M%rn em DENR CAMA Daily Check Log for WIRO Date Received Check From (Name) Name of Permit Holder Vendor Check Number Check amount Permit Number/Comments 11/412014 Wrightsville Beach Manna Sam Clary/Wrightsville Beach Manna 11/52014 F an S Marine Contractors Inc Brock and Scoff 11/5/2074 Conaway Manne Construction, Inc 116/2014. Pleasure Island Partners, LLC Stewart Pittman for Pleasure Island Partners, Wachovia PNC Bank 2331 4113 $100.00 MP renewal, #173-00 $200.00 GP 65012D B of A Bank of the Ozarks 6862 2008 $200.00 lots 11 812 Pensacola/ PN Co. $400.00_ ",. major fee, Pleasure Island Partners, LLC 1116/2014-Mantech LLC Paul M.Wiles BofA 1845' $200.00 �..GPGP 65017D 11R/2014 Gary and Lynne Gn:e_ne_ _ Docksitle Wells Fargo Bank _ 11/7/2014 Conaway Marine Construction, Inc _Michael Saintsing & John Koloski . B of A _ _ 11I72014 Inlet Yew Bar 7 Gill Shallofte Point Phase II _ BB&T _ _ 11/102014 Mark Lewis Crew Boats Inc. dba Old Town MarineSwan Point Manna _ PNC Bank _ 11/10/2014 Chanes F. Riggs 8 Associates Ina_ _ Etldie Keith Wood _ _ First Citizens Bank _ 11/12F2014!Bostic Building Corporation McLeod, III First Citizens Bank - - 111122614 CESROK, LLC _ _ Simmons BNC Bank _ 11/12/2014'!`Irm of Belwlle _ same _ _ First Bank Belville 11113/2014Bald Head Island LTD. Planning and Permits same First Citizens Bank - -_ 11/13/2014 The Village of Bald Head Island same PNC Bank 11/14/20147oe W. Thompson _ _ Caswell 105, LLC -First Bank 11/14/2014 Brandon Grmes, Money Order _ Volney Warner - _ Wells Fargo Bank 11/14/2014 Brandon Grimes, Money Order ,Julia Rivenbark -_ Wells Fargo Bank 11/14/2014' Dr. Gwendolyn Faye Jones same _ _ _ _ First Citizens Bank 11/14/2014 Ted and Sharon Hudler same _ 'BB&T 014 Holden Dock & Bulkheads Russell Salisbury First Community Bank WF Boucher William Boucher BcfA - 014 Conaway Marine ConsWction, In Saintsing and Koloski B of A 4272 $400.00 major fee, Docksitle, NHC. at _ 6867 _ $_200.00 2 & 4 The Peninsula @SC 2549 $100.00 -_ mod. Fee, 185-08 1967 Ck#2 #1959 for major fee, Swan Pant Marina, Ons. _ _$150.00 13732 $100.00 minor fee, 1681 New River Inlet Rd. NTB One 5658 $100 00' :.._ minor fee, TB 14-14, PNCo _ .. 2042' $100.00 _- minor fee, SH 14-01, BRCo. 58888 _ $100.00 minor fee, Riverwalk@Belville 1496 $100.00 transfer fee, 208-86. LTD to Village _ 57057 $100.00 mod tee, MP 208-86 1239 $100.00 mina fee, 105 Caswell Rtl, Caswell Beach, BrCo 59098506577 $400.00 GP 65022D _ 59098506588 $400.00 GP 65021D 3843 $600.00 GP 63203D 1618 $200.00 GP 64080D 5951 $200.00 GP 65020D014 7973 $100.00 renewal fee, 164-97 6871 $200.0OiGP 65025D 2014 2014 Arants Cabinet antl Trim Land Management Group, -Inc. Joseph and Laurette Arrant Hawkeswater Marina 68&T First Bank 1037 44757 $200.001383 $100.00 Lockwood Folly Rd, Bolivia mod fee, MP 48-14 2014 VHoldenDock Bald Head Islantl LTD/Bruce Marek Bald Head Island Marina First Citizens Bank 1489 $100.00 motltee,MP 172-87 2014 Clements Marine Construction Inc 'Jam PropertiesrDan Smith 'First Citizens Bank 3642 $200.00 GP 65025D 2014 J. Dean Burge Lintla Averelte Community One 2335 $200.00 GP 64081 D 2014 Holden Dock & Bulkheads First Community Bank 5952 $600.00 GP 64082D2014 Bruce L. Kirk Jr. Chemserve Terminal of Wilmington B of A 1282 $100.00 renewal fee, MP 35-92 11/24/2014 Town of Sunset Beach same, for beach bulldozing First Citizens Bank 13073 $100.00 renewal fee, MP 40-01 11252014 CB Marina, LLC Isame, transfer from Saint Joseph's Manna LL SunTrusl 1067 $100.00 transfer fee, MP 36-04 11252014' _ Logan Marine LLC Norton & RaMeft major pent _ Coming Federal Credit Union 1117 $250.00 major fee, NHCo, Norton & Rowleft 11/25/20141F _ and S Marine Contractors Inc Flaughen PNC Bank 4182 $400.00 GP 65029D 11/25/2014 Willard S Buflkin same BB&T 3434 $250.00 major fee, NHCo Buffkin 11/25/2014 _ Backwater Manne Construction Inc. Klutz BUT 1731 $200.00 Klutz GP _ 1126/2014 American Manne Construction INC (Charles Pe _ Margaret Wagstaff First Citizens Bank B5738 $400.00 GP W59D 11262014 Village of Baltl Head Islantl Isame PNC Bank 57163 $100.00 renewal fee, 208-86 11262014 Allied Manne Contractors LLC Berkley B of A 6957 $200.00 GP 64060D 112620014 _ Bruce Marek, P.E. Watltlell Wells Fargo Bank 1409 $400.06 major fee, Waddell, BrCO 11/262014 Town of Oak Island same B88T 57867 $475.00 major fee, Town of OI, BrCo 12/12014 Chanes F. Riggs 8 Associates Inc. Gary and Jeananne Cranston First Citizens Bank 13754 8100.00 minor fee, NTB, Onskmv Co. 12/12014 Chanes F. Riggs 8 Associates Inc. O Keim and Cheryl Steinhofl First Citlzns Bank 13757 $100.00 minor fee, NTB, Onslow Co. 12/12014 D. Chad Kimes & B Holtlin9s, LLC (Scotts Hill Marina) NC State Employees Credit Union 4443 $10atio renewal fee, MP 137-10 12/12014 1579 $100.00 renewal fee, MP 84-05 12J2/2014 Totltl and Kelly SurtaB fr me First Bank 7154 $400.00 major fee, BrCo 12/22014 Above Par Homel o LLC ohn Kanof Wells Fargo 1026 $200.00 GP 65043D 12/2/2014 James and Tammy Ratdifl hloe Rose LLC L_ ter- Wells Fargo 4962 $250.00�major fee, NHCO i - _ - i DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: James L. Ratcliff III 2. LOCATION OF PROJECT SITE: 20 Pelican Dr., adjacent to Lee's Cut, in the Town of Wrightsville Beach, New Hanover County. Photo Index —2006: 24-7411: T, 6 2000: 24-308: D, 18 1978: 17-1057: H, 23 State Plane Coordinates - X: 2363103 Y: 172845 Lat.:34°13'8.34"N Long.:77°47'54.60"W INVESTIGATION TYPE: CAMA/D&F ROVER FILE: N/A 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 12/03/2014 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received—12/O1/2014 (completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Wrightsville Beach Land Classification From LUP - Developed (Upland), Conservation (Open Water) (B) AEC(s) Involved: PT, EW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing —Municipal Planned — N/A (F) Type of Structures: Existing — Single-family residence (Duplex), sloping concrete bulkhead, fixed platform, floating docks, boatlift and mooring pilings Planned — New timber bulkhead with backfill, extend left floating dock, and add gazebo over existing fixed platform (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 (Open water 312 sq. ft. 96 sq. ft. (C) Other (Highground) 930 sq. ft. (D) Total Area Disturbed: 1,338 sq. ft. (0.031 acres) (E) Primary Nursery Area: No (F) Water Classification: SB# Open: No 8. PROJECT SUMMARY: The applicant proposes to install a new timber bulkhead in front of an existing sloping concrete bulkhead, extend an existing floating dock, add a gazebo covering the existing platform within Lee's Cut. RECEIVED DEC 11 P14 IjCrnahHn cm James L. Ratchff III Page 2 9. PROJECT DESCRIPTION: The project site is located at 20 Pelican Drive; adjacent to Lee's Cut, adjacent to Greenville Sound in the Town of Wrightsville Beach, New Hanover County. To locate the property from the Wilmington Regional Office (WiRO) travel east on Eastwood Road approximately 3 miles towards Wrightsville Beach. From the AIW W drawbridge, continue to travel east on West Salisbury Street (US HWY 74) for approximately one mile. Turn left onto Pelican Drive and travel east. The property of interest will be located on the left. The property is approximately 0.2 acres with an elevation of approximately 6'above normal high water (NHW). There is approximately 62' of shoreline frontage along Lee's Cut, which is currently stabilized by an old sloping concrete bulkhead with asbestos sheeting located at the toe of the existing concrete bulkhead. The NHW boundary was observed approximately 5' landward of the toe of the existing concrete bulkhead. This type of bulkhead is also located along the adjacent riparian property to the west. The applicant recently purchased the property and currently maintains a two- story single family residence (Duplex) on the property. Upland vegetation consists of maintained lawn grass and ornamental landscaping. There are currently no Coastal Wetlands on the property. The applicant currently maintains a private, docking facility in Lee's Cut. An existing platform, measuring approximately 12' in length by 30' in width extends waterward over the existing sloping concrete bulkhead, in a northerly direction towards Lee's Cut. Extending from the northern side of the existing platform are two (2) existing floating docks running perpendicular to the shoreline, the first measuring approximately 32' in length by 6' in width on the eastern end of the existing platform and the second, measuring approximately 16' in length by 6' in width on the western end of the existing platform. There are four (4) existing mooring pilings which are located on the waterward side of the floating dock. There is also one boatlift measuring approximately 13' in length by 13' in width on the eastern side of the eastern floating dock. The existing docking facility currently accommodates up to six (6) vessels and it appears through aerial photography review that the existing sloping concrete bulkhead was built prior to the CAMA regulations (See Sheets 1 through 3 of 3 and Project Narrative). The Wrightsville Beach Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Developed. The waters of Lee's Cut, in Greenville Sound are classified as SB#, by the NC Division of Water Quality. These waters are NOT designated as Primary Nursery Area (PNA), by the NC Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to install a new timber bulkhead in front of an existing sloping concrete bulkhead, extend an existing floating dock, add a gazebo covering the existing platform within Lee's Cut. A new approximately 62 linear foot timber bulkhead would be constructed along the water ward toe of the existing sloping concrete bulkhead to encapsulate the asbestos at the toe of the existing bulkhead. The new bulkhead would be located approximately 5' below the NHW boundary, aforementioned and the area behind the bulkhead would be encapsulated with clean sand fill with the associated tie -back anchor system. The proposed new bulkhead would cross the property boundary to tie into the existing timber bulkhead located to the east. The proposed new bulkhead would cross the property line approximately I to 2' to tie into the adjacent bulkhead to the east. The applicant has received a letter of no objection from the adjacent riparian property owner to the east as well. The application states the existing platform would be reconstructed within the same footprint. A new gazebo covering a portion of the existing platform is also proposed and would be constructed on the eastern end of the existing platform, measuring approximately 12' in length by 12' in width. The application also states a new extension of the existing western floating dock would be constructed; measuring approximately 16' in length by 6' in width and would extend from the waterward end of this floating dock and oriented towards the north creating an approximately 32' in length by 6' in width floating dock to match the existing eastern floating dock. The application states that the existing water depths at the location ofthe proposed and existing structures range from approximately 4' to -7' at normal low water (NLW). The proposed new docking facility configuration would potentially provide docking space for eight (8) vessels at this location (Sq@&1wo 1 through 3 of 3 and Project Narrative). DEC 1 1 20N mm-WIM to" James L. Ratcliff III Page 3 10. ANTICIPATED IMPACTS: The proposed new timber bulkhead would incorporate 312 sq. ft. of Public Trust Area and Estuarine Waters, which has been essentially usurped by the existing sloped concrete bulkhead and asbestos. Approximately 930 sq. ft. of Estuarine Shoreline would be impacted for the tie -back anchor system. The proposed new bulkhead would cross the property line to tie into the adjacent bulkhead to the east. As stated, the applicant has received a letter of no objection from the adjacent riparian property owner to the east as well. The extension of the existing floating dock would incorporate an additional 96 sq. ft. of Public Trust Area and Estuarine Waters and would not encroach into the 15' riparian corridor setback requirement of the adjacent riparian properties. The proposed structures would extend approximately 60' into a waterbody, which measures approximately 400' across. This distance appears to conform to the 1/4 width rule and would not exceed the established Town of Wrightsville Beach pier head line. The proposed structures would accommodate up to eight (8) vessels at this location within current water depths ranging from approximately 4' to -7' @ NLW. Minor increases in turbidity should be expected during the construction phase of the project; however, turbidity levels should return to normal once the project is complete. RECEIVED DEC 1 1 PIA Submitted by: Robb L. Mairs Date: 12/09/2014 Office: Wilmington F poJ C- , T PST I ✓e- The existing bulkhead at 20 Pelican is constructed of concrete and a corrugated material suspect of having asbestos. I propose going behind the existing bulkhead and constructing a new bulkhead of treated wood, not to disturb the asbestos and once constructed backfill with clean sand to encapsulate the suspect asbestos material. This new bulkhead will tie into the bulkhead on each side of 20 Pelican. In order to build the new bulkhead, the front part of the platform closest to the bulkhead will have be deconstructed along with the front 5 pilings holding it up. Once the new bulkhead is complete, the platform would be reconstructed to come back to the new bulkhead. The platform size would remain the same size as it is now 1200. I would like to build a cabana top over the right side of the platform, measuring 12x12. I propose to replace all decking boards and railings on the existing platform and replace both ramps with aluminum 3x16 ramps which are the same size. I also propose extending the left side floating dock 16 ft to match the right side. Lastly, I propose removing 4 excess pilings surrounding the existing dock. Thanks for your consideration in this matter. If you have any questions, please call me at 910-367-0189. Jim Ratcliff RECEIVED DEC 1 1 1014 DCM-MHD Cf1Y RECEIVED DCM WILMINGTON, NC DEC 0 12014 Postal Service" rCERTIFIED MAIL" RECEIPT esMail Only at wwwusps.comID"VY•�m elin.tv;ite =feu —. � v rn m ru7F" Certi -r O RetUm Receipt Fee p (Endorsement Required) C3 Restricted Delivery Fee O (Endorsement Required) rtd ra Total Postage 8 Feet ru 111 I1 •1 RECEIVED 11 DCM WILMINGTON, NC Postmark Rem DEC 0 12014 12/01/2014 RECEIVED F . Postal Service'°'RTIFIED MAIL' RECEIPT estic Mail Only elivery information, visit our rvebsite at www.usps.com . 0R CITY rq I v • • • wr — . W — — '•1 14 m Postage $ ij�ldl-l��l� ru 111 _I- Carried! PgeEmark Fee R E C E I V E D o Return Receipt Fee ACM WILMINGTON, NC O (Endorsement Required) Resucted Delivery Fee (Endorsement Required) 12/91 {2Q14 DEC o 2014 nj rR Total Postage 8 Fees ru ent q .- -- RJt p .1'f.�!1---1 11( roreataxNo. C "-._I--Pi--1 G�kn/.6 ---------•------•------ drPo� --- fe,ZfP 4 S i le J2a/—:k -V Z 8490 PS Form 3801, July 2011 see Reverse for Instruction. 000001 RECEIVED DEC I12" d OMWc" 7+00 cast Beach Drive — Henderson CAMA Major Permit 5E-Gi Appendix A Vicinity Map CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: J Address of Property: Agent's Name #: Agent's phone #: (Lot or Street #, Street or Road, City & Mailing Address: I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be provided with this letter. I have no objections to this proposal. I have objections to this proposal. If you have objections to whatis being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext., W1lmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is :onsidered the same as no oblection If you have been notfried by Certified Mail WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back ar minimum distance of 15' from my area of riparian access unless waived by me. (if you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. RECEIVED I do not wish to waive the 15' setback requirement. DEC 1 1 2014 Pr,rrn_ro!w� rrry (Pro pe caner Information) Print or Type Name a TOO ��12-3107 lephone Number Doted—� (Adjacent Propesfiy Owner Information) Signature Ruae�' a- � YWP- Piint o ype Name � Pe I; CA,-/ Mailing Address aty) R 1 ✓I I I� �' 41 /Ul ),9W Telephone Number ).2 Zj /jypECEIVED Date DCM�WgIILM1N�b-1UUN, NC l UtsO 6HPA1)12 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner. Address of Property: Agent's Name #: Agent's phone #: (Lot or Street*, Street or Road, City & Mailing Address: I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions must be Provided with this letter. [have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you mustnotjfy the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext, Wilmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Mail WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. RECEIVED DEC l l 701e I do not wish to waive the 15' setback requirement. DCM-MHD CITY (Property Owner Infgnpation) f9l'ature J/n z I Print or Type Name` )0-i Mwaltinng Address City/State ip f �� G0, f -)- Telephone Number J z / Date (Adjacent ProperbI Owner Information) Signature I, Print or Type Name CCct/V� 014,1� ItIL �Z,K� K( "'U6,b ��; RECEIVED Telephone Number DCM MINGTON, NC Z DEC 0 12014 Date Revised 6118/2012 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: Address of Property: Agent's Name #: Agent's phone #: or Street #, Street or Road, City County) Mailing Address: I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions. must be provided with this lafror I have no objections to this proposal, I have objections to this proposal. Ifyou have objections to whatis being proposed, you mustnotify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ert, Wilmington, NC, 284D5.3845. DCM representatives can also be contacted at (910) 796-7215. No response is :onsidered the same as no objection if you have been not/Fed by Certified Mail WAIVER SECTION l understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. RECEIVED I do not wish to waive the 15' setback requirement. DEC 112014 (Property Owner Print or Type Rarne ail© -,� 16 ? - 9 J � Telephone Number Date (Adjacent Property Owner Information) Signature 4A)-1,1A--h 221� Print or Type Name tU Mailing Address City/State p RECEIVED Telephone Number DCM WILMINGTON, NC D E C 0 12014 Date Revised 611812012 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: J I Address of Property: Agent's Name #: Agent's phone #: (Lot or Street #, Street or Road, City & County) Mailing Address: I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawino with dimensions must be provided with this letter. V"I have no objections to this proposal. I have objections to this proposal. !f you have objections to whatis being proposed, you must notify the Division of Coastal Management (DCM) in writing within f0 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext, Wilmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection !f you have been noted by Cued Mail WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 1 F from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) RECEIVED M!Z I do wish to waive the 15' setback requirement. DEC 1' 2 2IIN I do not wish to waive the 15' setback requirement. DCM-MHD pry (Prope caner Information) M G Print or Type Name W-3to7 0/S9 lephone Number Date L� QNU / VO (Adjacent Property Owner Information) Signature ` If S �LA ADe .> �U �� M 41Y W e l Print os fiype Name Mailing Address Ci 9State I Telephone Number ,UC ��48E / 1 /I 4 RECEIVED -os.-,! r DCM WILMINGTON, NC REC 1L 2 2014 Revised islwoi2 DEC 0 2 2014 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAI Name of Property Owner: Address of Property: Agent's Name #: Agent's phone #: (Lot or Street #, Street or Road, City & Mailing Address: FORM I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawino with dimensions must be provided with this letter. have no objections to this proposal.. I have objections to this proposal. If you have objections to whatis being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive &f, Wilmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is Considered the same as no ob ecdon if you have been noted by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. RECEIVED I do not wish to waive the 15' setback requirement. DEC 1 1 7" DCMIMMD env (Property Owner Infqrrpation) lure J,� Qcr Print or Type Name >®--i If/ CLJ�p Mailing Address ,4-'/L .,%Jf 6C (Adjacent Property Owner Information) —4A ature i 5�vAxll d- Print or Type Name C,� A-1; Mailing Address City/State ip y$4f<-D City/StatelZl WO-,?2D- V1V5 Telephone Number 1,;,) X�4- Date Telephone Number /,-� Z RECEIVED Date INGTON, NC RevisV1V1ON Al NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 8 2014 Mr. James Ratcliff 103 N. Channel Drive Wrightsville Beach, North Carolina 28480 Dear Mr. Ratcliff: John E. Skvarla, III Secretary The Division of Coastal Management hereby acknowledges receipt of your application for the proposed development at your property located at 20 Pelican Drive, adjacent to Lees Cut, in Wrightsville Beach, New Hanover County. It was received as complete on December 1, 2014, and appears to be adequate for processing at this time. The projected deadline for making a decision is February 16, 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 December 1, 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 fronting 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. Since /✓� A� RECEIVED Robb L. Me Is ' / DEC 1 1 2014 Field Representative DCM-MHD CITY Wilmington District Office N.C. Division of Coastal Management cc: Jonathan Howell, DCM Tyler Crumbley, USACE Zach Steffey, LPO N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nocoastalmanagement.net An Equal OppwWnity 1 Afrinative Acton Employer NoTI(01$170A AMA PERMIT APPLIED FOR PROJEC` bulkhead; facilftk�a Wrigs APPLICANT: icant proposes to a the existing 'F ss y �ti t - James Ratcliff - 103 N. Channel Drive _ Wrightsville Beach, NCB e_ 28480 ng 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 Intr �, ► OFFER TO PURCHASE AND CONTRACT - a REALTYCao�oear ION [Consult "Guidelines" (Standard Form 2G) for guidance in completing this form] For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terms (together the "Contract"). 1. termTERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each (a) "Seller": Poindexter Vernon C Rev Trust Poindexter Sandra U. Rev Trust (b) "Buyer": James Llo d Ratcliff III Tammy Cam osanto Ratcliff (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon and the fixtures and personal property listed in Paragraphs 2 and 3 below. NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seller should consider including the Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2A1 I-T) with this offer. Street Address: 20 can Dr City: Wri htsville Beach County: New HNorth Carolina anover Zip: 28480 NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown. Legal Description: (Complete ALL applicable) Plat Reference:LoUUnit Block/Section Subdivision/CondominiumNot In Subdivision The PIN/PID or other identification number of the Property is as shown on 1 at R 5716001004001S1ide at Page(s) Other description: UNIT A 6 B PELICAN HARBOUR Some or all of the Property may be described in Deed Book 5547 at Page 2671 t-(j(d) "Purchase Price": /�w 09 $ $ $ n/a $ n/a q/C('$ n/a 0� Paid in U.S. Dollars upon the following terms: BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(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 l(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-T). BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5-T). BY BUILDING DEPOSIT in accordance with the attached New Construction Addendum (Standard Form 2A3-T). BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan) Should Buyer fail to deliver either the Due Diligence Fee or any Initial `48mmoney Deposit by their due dates, or should any check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall Page 1 of 12 DEC 1 1 1014 This form jointly approved by: DCM-MHD CITY North Carol* §r Associatios RtnLroe® North Carol a oc Buyer *nit als LTO)�$/ o u 1""` Etels N-12 Lumina 11, 1904 Eastwood Rd Wilmingon. NC 28403 Gene]ngie PMne: 9106207777 Fax Produced with 2;PFm18 by 11PLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www i o 1 STANDARD FORM 2•T RErC�iyV-'I4 14 DCM WILMINGTON, NC DEC 0 1 20 4pelican a. 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 4(d) and 4(e) 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): Intracoastal Realt 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. (9) "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 4 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 8(1) or Paragraph 12, or as otherwise provided in any addendum hereto. Buyer and Seller each expressly waive any right that they may have to deny the right to conduct Due Diligence or to assert any defense as to the enforceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee, it being the intent of the parties to create a legally binding contract for the purchase and sale of the Property without regard to the existence or amount of any Due Diligence Fee. 0) "Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. on November 6 with regard to said date. 2 014 TIME BEING OF THE ESSENCE (k) "Settlement": The proper execution and delivery to the closing attorney of all documents necessary to complete the tra§tsCaPN&Q contemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyance doc nts d the closing attorney's receipt of all funds necessary to complete such transaction. 'RE 111814 (1) "Settlement Date": The parties agree that Settlement will take place on December 2, 2014 PGM"MHD CITY (the "Settlement Date"), unless otherwise agreed in writing, at a time and place designated by Buyer. os as Page 2 of 12 ��� (I`( STANDARD FORM 2•T Buyer initials �1UF .�s �G(/ �' ( Revised?/2014 © 7/2014 Produced with zipForm®by zips-19w 16010 Fifteen Mile Road, Fraser, Michigan 46026 www.i,Lo, z m 20 Pelican Dr, (in) "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 REALTORSO 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. FIXTURES: The following items, if any, are deemed fixtures and are included in the Purchase Price free of liens: range/stove/oven, any built-in appliances, light fixtures, ceiling fans, attached floor coverings, blinds, shades, drapery rods and curtain rods, brackets and all related hardware, window and door screens, storm windows, combination doors, awnings, antennas, satellite dishes and receivers, burglar/fire/smoke/carbon monoxide/alarms, pool and spa equipment, solar energy systems, attached fireplace screens, gas logs, fireplace inserts, electric garage door openers with controls, outdoor plants and trees (other than in movable containers), basketball goals, storage sheds, mailboxes, attached wall and/or door mirrors, fuel tank(s) whether attached or buried and including contents, if any, as of Settlement, landscape and/or foundation lighting, invisible fencing including all related equipment, lawn irrigation systems and all related equipment, water softener/conditioner and filter equipment and any other items attached or affixed to the Property, EXCEPT the following items which are leased or not owned by Seller or which Seller does not intend to convey: 1 dishwasher (a) , 2 stoves, wall heater (b), propane (b) Seller shall repair any damage caused by removal of any items excepted above. (NOTE: Seller and Buyer should confirm whether fuel tanks, antennas, satellite dishes and receivers, alarm systems, and other items listed above are leased or not owned by Seller and should be entered in the blank above. FUEL TANKS AND ANY FUEL IN THEM WHICH ARE NOT TO CONVEY SHOULD BE NOTED IN THE BLANK ABOVE.) RECEIVED 3. PERSONAL PROPERTY: The following personal property shall be transferred to Buyer at no value at Closing: none nrn . six: (NOTE: Buyer is advised to consult with Buyer's lender to assure that the Personal Property items listed abovP&M_WAMed in this Contract.) 4. BUYER'S DUE DILIGENCE PROCESS: (a) Loan: During the Due Diligence Period, Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval of the Loan if any. NOTE: Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction since the Loan is not a condition of the Contract. (b) Property Investigation: During the Due Diligence Period, Buyer or Buyer's agents or representatives, at Buyer's expense, os Page 3 of 12 STANDARD FORM 2-T Buyer initials � � r t �V C 1 Revised 7/2014 -4 © 7/2014 Ptoduced with zipFonnO by xipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 w .z oLooix co 20 Pelican Dr, 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) Inspections: Inspections to determine the condition of any improvements on the Property, the presence of unusual drainage conditions or evidence of excessive moisture adversely affecting any improvements on the Property, the presence of asbestos or existing environmental contamination, evidence of wood -destroying insects or damage therefrom, and the presence and level of radon gas on the Property. (it) Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation, Rules and Regulations, and other governing documents of any applicable owners' association and/or subdivision. If the Property is subject to regulation by an owners' association, it is recommended that Buyer review the completed Residential Property and Owners' Association Disclosure Statement provided by Seller prior to signing this offer. (iii) Insurance: Investigation of the availability and cost of insurance for the Property. (iv) Appraisals: An appraisal of the Property. (v) 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. (vi) Zoning and Governmental Regulation: Investigation of current or proposed zoning or other govemmental regulation that may affect Buyers intended use of the Property, adjacent land uses, planned or proposed road construction, and school attendance zones. (vii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase flood insurance in order to obtain the Loan. (viii)Utilities and Access: Availability, quality, and obligations for maintenance of utilities including water, sewer, electric, gas, communication services, stormwater management, and means of access to the Property and amenities. (ix) Streets/Roads: Investigation of the status of the street/road upon which the Property fronts as well as any other street/road designated as public are accetd for maitenance by the State ofused to access the Property, including: (1) whether any street(s)/road(s) are public or private, (2) whether any street(s)/road(s) and responsibility for maintenance and then ex existence and terms of any maintenC or ancenagreementsr (3) if private, the consequences (x) Fuel Tank: Inspections to determine the existence, type and ownership of any fuel tank located on the Property. (NOTE: Buyer is advised to consult with the owner of any leased fuel tank regarding the terms under which Buyer may lease the tank and obtain fuel.) (c) Repair/Improvement Negotiations/Agreement: Buyer acknowledges and understands that unless the parties agree otherwise, THE PROPERTY IS BEING SOLD IN ITS CURRENT CONDITION. Buyer and Seller acknowledge and understand that they may, but are not required to, engage in negotiations for repairs/improvements to the Property. Buyer is advised to make any repair/improvement requests in sufficient time to allow repair/improvement negotiations to be concluded prior to the expiration of the Due Diligence Period. Any agreement that the parties may reach with respect to repairs/improvements shall be considered an obligation of the parties and is an addition to this Contract and as such, must be in writing and signed by the parties in accordance with Paragraph 20. (NOTE: See Paragraph 8(b) Access to Property/Walk-Through Inspection and Paragraph 8(k) Negotiated Repairs/Improvements.) (d) Buyer's Obligation to Repair Damage: Buyer shall, at Buyers 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 either approved by the N.C. Home Inspector Licensure Board or applicable to any other 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. (e) 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. (f) Buyer's Right to Terminate: Buyer shall have the right to terminate this Contract for any reason or no reason, by delivering to Seller written notice of termination (the "Termination Notice") during the Due Diligence Period (or any agreed -upon written extension of the Due Diligence Period), TIME BEING OF THE ESSENCE. If Buyer timely delivers the Termination Notice, this Contract shall be terminated and the Earnest Money Deposit shall be refunded to Buyer. WARNING: If Buyer is not satisfied with the results or progress of Buyer's Due Diligence, Buyer should terminate this Contract, prior to the expiration of the Due Diligence Period, unless Buyer can obtain a written extension from Seller. SELLER IS NOT RECEIVED Ds Ds Page 4 of 12 DEC 1 1 N11 Buyer initials /� �HD � lip ? -v DCMCRY STANDARD FORM 2-T 6eller�e}� Revised 7/2014 —� © 7/2014 Produceci with vpForm® by zipLogi, 18070 Fifteen Mile Road, Fraser, Michigan 48025 ww oho 20 Pelican Dr, OBLIGATED TO GRANT AN EXTENSION. Although Buyer may continue to investigate the Property following the expiration of the Due Diligence Period, Buyer's failure to deliver a Termination Notice to Seller prior to the expiration of the Due Diligence Period 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 8 of this Contract or for any other reason permitted under the terms of this Contract or North Carolina law. (g) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING, 5. BUYER REPRESENTATIONS: (a) Loan: Buyer ® does ❑ does not have to obtain a new loan in order to purchase the Property. If Buyer is obtaining a new loan, Buyer intends to obtain a loan as follows: ❑ FHA ❑ VA (attach FHA/VA Financing Addendum) ❑ Conventional ❑ Other: loan at a ❑ Fixed Rate plus any financed VA Funding Fee or FHA MEP for a term of ®Adjustable Rate in the principal amount of Year(s), at an initial interest rate not to exceed 3.000 % per annum (the "Loan"). NOTE: Buyer's obligations under this Contract are not conditioned upon obtaining or closing any loan. If Buyer represents that Buyer does not have to obtain a new loan in order to purchase the Property, Seller is advised, prior to signing this offer, to obtain documentation from Buyer which demonstrates that Buyer will be able to close on the Property without the necessity of obtaining a new loan. (b) Other Property: Buyer ❑ does ® does not have to sell or lease other real property in order to qualify for a new loan or to complete purchase. (NOTE: This Contract is not conditioned upon the sale of Buyer's property unless a contingent sale addendum such as Standard Form 2A2-T is made a part of this Contract.) (c) Performance of Buyer's Financial Obligations: To the best of Buyers 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. (d) Property Disclosure (check only one): ® Buyer has received a signed copy of the N.C. Residential Property and Owners' Association Disclosure Statement prior to the signing of this offer. ❑ Buyer has NOT received a signed copy of the N.C. Residential Property and Owners' Association Disclosure Statement prior to the signing of this offer and shall have the right to terminate or withdraw this Contract without penalty (including a refund of any Due Diligence Fee) prior to WHICHEVER OF TBE FOLLOWING EVENTS OCCURS FIRST: (1) the end of the third calendar day following receipt of the Disclosure Statement; (2) the end of the third calendar day following the date the Contract was made, or (3) Settlement or occupancy by Buyer in the case of a sale or exchange. ❑ Exempt from N.C. Residential Property and Owners' Association Disclosure Statement because (SEE GUIDELINES): 6. 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 Residential Property and Owners' Association Disclosure Statement. (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. 7. SELLER REPRESENTATIONS: RECEIVED (a) Ownership: Seller represents that Seller: DEC 1 1 209 ® has owned the Property for at least one year. Elem,MHB EIP/ os o Page 5 of 12 v STANDARD FORM 2•T Buyer initials � [ ( Revised 7/2014 O 7/2014 Predoced with zipForm® by zipLogix 18070 Fifteen Mile Road. Fraser, Michigan 48026 www.z oLoc' — 20 Pelican Dr, J] has owned the Property for less than one year. �] does not yet own the Property. (b) Primary Residence: Seller represents that the Property ® is or ❑ is not Seller's primary residence. (c) Lead -Based Paint (check if applicable): ❑ The Property is residential and was built prior to 1978 (Attach Lead -Based Paint or Lead -Based Paint Hazards Disclosure Addendum f Standard Form 2A9-T)). (d) 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 (e) Owners' Association(s) and Dues: Seller authorizes and directs any owners' association, any management company of the owners' association, any insurance company and any attorney who has previously represented the Seller to release to Buyer, Buyer's agents, representative, or lender true and accurate copies of the following items affecting the Property, including any amendments: • master insurance policy showing the coverage provided and the deductible amount • Declaration and Restrictive Covenants • Rules and Regulations • Articles of Incorporation • Bylaws of the owners' association • current financial statement and budget of the owners' association • parking restrictions and information • architectural guidelines The name, address and telephone number of the president of the owners' association or the association manager is: n/a Owners' association website address, if any: The name, address and telephone number of the president of the owners' association or the association manager is: n/a Owners' association website address, if any: (f) OIL AND GAS RIGHTS DISCLOSURE: Oil and gas rights can be severed from the title to real property by conveyance (deed) of the oil and gas rights from the owner or by reservation of the oil and gas rights by the owner. H oil and gas rights are or will be severed from the property, the owner of those rights may have the perpetual right to drill, mine, explore, and remove any of the subsurface oil or gas resources on or from the property either directly from the surface of the property or from a nearby location. With regard to the severance of oil and gas rights, Seller makes the following disclosures: —Ds t—Ds gt't° were severed from the property Yes ❑ No No Representation ❑ owner. :ced-tlre-oil and gas rights from the Yes ❑ No RECEIVED to sever the oil and gas rights from Yes ❑ No ® DEC I I �mt rlor ffWansfer of title to Buyer. DC This disclosure does not modify or limit the obligations of Seller under Para a h 8Contract all not t. Urn itute the assumption or approval by Buyer of any severance of oil and gas rights, except as may be assumed e r specifically approved bytBuyer in writing. (NOTE: The parties are advised to consult with a NC attomey prior to signing this Contract if severance of oil and gas rights has occurred or is intended.) os Page 6 of 12 Ds STANDARD FORM 2-T Buyer initials ��� SL71dr initials a�J f( �' Ll / Revised 7/2014 © 7/2014 Produced with zipForMS by zipLogix 18070 Fifteen Mile Read. Fraser, Michigan 48026 w L ----conn 20 Pelican Dr, 8. 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. (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 Buyer an opportunity to conduct a final walk-through inspection of the Property. (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 agreement(s) in form satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has performed or furnished labor, services, materials or rental equipment to the Property within 120 days prior to the date of Settlement and who may be entitled to claim a lien against the Property as described in N.C.G.S. §44A-8 verifying that each such person or entity has been paid in full and agreeing to indemnify Buyer, Buyer's lender(s) and Buyer's title insurer against all loss from any cause or claim arising therefrom. (e) Designation of Lien Agent, Payment and Satisfaction of Liens: If required by N.C.G.S. §44A-11.1, Seller shall have designated a Lien Agent, and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Lien Agent. All deeds of trust, deferred ad valorem taxes, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (f) Good Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property in recordable form no later than Settlement, , which shall convey fee simple marketable and insurable title, without exception for mechanics' liens and free of any other liens, encumbrances or defects, including those which would be revealed by a current and accurate survey of the Property, except: ad valorem taxes for the current year (prorated through the date of Settlement); utility easements and unviolated covenants, conditions or restrictions that do not materially affect the value of the Property; and such other liens, encumbrances or defects as may be assumed or specifically approved by Buyer in writing. The Property must have legal access to a public right of way. (NOTE: Buyer's 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 2AI4-T) as an addendum to this Contract.) (g) Deed, Excise Taxes: Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this Contract, and for state and county excise taxes required by law. The deed is to be made to: James Lloyd Ratclif£ III and Tammy Camposanto Ratcliff (h) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $ n/a toward any of Buyer's exnse associated with the purchase of the Property, including any FHANA lender and inspection costs that Buyer is not permitted to pays 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 Ass ssmen s, if any, provided that the amount thereof can be reasonably determined or estimated. DEC 1 17014 BCM-MMD Cl os cis Page 7 of 12 ''--) STANDARD FORM 2-T Buyer initials . , � 'I/ Revised?/2014 © 7/2014 Pr0dUCad Mh zipForM6 by zlPLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 w znLo° i,,c7_ 20 Pelican Dr, (j) Late Listing Penalties: All property tax late listing penalties, if any, shall be paid by Seller. (k) Negotiated Repairs/Improvements: Negotiated repairs/improvements shall be made in a good and workmanlike manner and Buyer shall have the right to verify same prior to Settlement. (1) Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Seller's obligations under this Paragraph 8 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 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. 9. 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) Taxes on Personal Property: Ad valorem taxes on personal property for the entire year shall be paid by Seller unless the personal property is conveyed to Buyer, in which case, the personal property taxes shall be prorated on a calendar year basis; (c) Rents: Rents, if any, for the Property; (d) Dues: Owners' association regular assessments (dues) and other like charges. 10. HOME WARRANTY: Select one of the following: ® No home warranty is to be provided by Seller. ❑ Buyer may obtain a one-year home warranty at a cost not to exceed $ Settlement. and Seller agrees to pay for it at ❑ Seller has obtained and will provide a one-year home warranty from at a cost of $ and will pay for it at Settlement. (NOTE: Home warranties typically have limitations on and conditions to coverage. Refer specific questions to the home warranty company.) I I- CONDITION OF PROPERTY AT CLOSING: Buyer's obligation to complete the transaction contemplated by this Contract shall be contingent upon the Property being in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. 12. 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 Sellers 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. 13. 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 patties 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. 14. POSSESSION: Possession, including all means of access to the Property (keys, codes, garage door openers, delivered upon Closing as defined in Paragraph 1(m) unless otherwise provided below: etc.), shall be ditW A Buyer Possession Before Closing Agreement is attached (Standard Form 2A7-T) A Seller Possession After Closing Agreement is attached (Standard Form 2A8-T) J� Possession is subject to rights of tenant(s) (NOTE: Consider attaching Additional ProvisiMPFAAV%ndum (Form 2A-I I-T) or Vacation Rental Addendum (Form 2A13-T)) DEC)))ne os os Page 8 of 12 DeM4NHp COy �� ) STANDARD FORM 2•T Buyer initials t'als J00 :J Revised 7/2014 O 7/2014 Produeed with zipFor S by zlp0o91x 16070 Fifteen Mile Road, Fraser, Michigan 48026 x zuLoo,lx C_ 20 Pelican Dr, _— • iAU. u 15. OTHER PROVISIONS AND CONDITIONS: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HERETO. NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT CONDITIONS OR CONTINGENCIES TO THIS CONTRACT. ❑ Additional Provisions Addendum (Form 2AI I-T) ❑ Additional Signatures Addendum (Form 3-T) ❑ Back -Up Contract Addendum (Form 2AI-T) ❑ Contingent Sale Addendum (Form 2A2-T) Cl FHA/VA Financing Addendum (Form 2A4-T) ❑ Lead -Based Paint Or Lead -Based Paint Hazard Addendum (Form 2A9-T) ® OTHER:property to be sold as —is condition ❑ Loan Assumption Addendum (Form 2A6-T) ❑ New Construction Addendum (Form 2A3-T) ❑ Seller Financing Addendum (Form 2A5-T) ❑ Short Sale Addendum (Form 2A14-T) ❑ Vacation Rental Addendum (Form 2A13-T) 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22• 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. 23. 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. RECEIVED DEC I I ➢nte DCW-MHD CITY �os us Page 9 of 12 �� STANDARD FORM 2-T Buyer initials 1Revised 7/2014 C 7/2014 Protluo Wfth zipForm®by zipLoaix 111070 Fifteen Mile noaQ Fraser, Michigan 0 26 w b 20 Pelican Dr, THE NORTH CAROLINA ASSOCIATION OF REALTORSO, INC. AND THE NORTH CAROLINA BAR ASSOCIA NO REPRESENTATION AS TO THE LEGAL VALIDITY TION MAKE OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES YOU SHOULD NOT PROVIDE FOR YOUR LEGAL NEEDS, CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. This offer shall become a binding contract on the Effective Date. Date: October 117 2014 Buyer l l J 2 atchff III (SEAL) Date: October 17 2014 DocuSigned by: Buyer Sr�lLill Y 6 �Lo Ratcliff (SEAL) Entity Buyer (Name of LLC/Corporation/Partnership/Trust/etc.) By: Name: Title: Date: Date: I G ..- /' 7 fr�Seller_% Poindexter, Vernon C Rev Trvst Date: / 0 / 7/ / u p �j ra4 Seller �f � E n�4 � 7/ . �''�'Ictl��r-- (SEAL) Poindexter,Sandra U. Rev Trust Entity Seller: (Name of LLC/Corporation/Partnership/Trust/etc.) By: Name: Title: Date: Page 10 of 12 RECEIVED DEC 1 1 9010 DCN+ W" s jtp,y STANDARD FORM 2-T Revised 7/2014 © 7/2014 Produced with zipForm® by zipLogix 16070 Fifteen Mile Road, Fraser, Michigan 46026 20 Pelican Dr, 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: Firm Name: Intracoastal Realty Acting asM Buyer's Agent ❑ Seller's (sub)Agent ❑Dual Agent Mailing Address:i9oo Eastwood Road Wilmington, NC Individual Selling Agent: Keith Beatty/Sherri Ingle ❑ Acting as a Designated Dual Agent (check only if applicable) License #: 130521 Selling Agent Phone#: (910) 620-7178 Selling Agent Fax#: (910)509-0202 Selling Agent E-mail: single@ intracoasta 1realt SELLER NOTICE ADDRESS: Mailing Address: Seller Fax#: Seller E-mail: LISTING AGENT NOTICE ADDRESS: Firm Name: Intracoastal Realty Coro Acting as M Seller's Agent ❑ Dual Agent Mailing Address: 1900 Eastwood Road suite 38 Wilmington, NC 28403 Individual Listing Agent: Keith N. Beatty/Drew Pittman M Acting as a Designated Dual Agent (check only if applicable) License #: 130521 Li sti ng Agent Phone#: (910)509-1924 Listing Agent Fax#: 910-256-4248 Listing Agent E-mail: kaithbeett @ t t l It Page 1 I of 12 RECEIVED DEC 117014 STANDARD FORM 2•T Revised 7/2014 © 7/2014 Produced with zipForm®by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 46026 www.zioLoo x co 20 Pelican Dr, ----+�-+cw nyo�-VOD$tlCh1AGFD ACKNOWLEDGMENT OF RECEIPT OF MONIES Seller: Poindexter, Vernon C Rev Trust, Poindexter Sandra U. Rev Trust ("Seller") Buyer:James Lloyd Ratcliff III Tammv Cam osanto Ratcliff ("Buyer") Property Address: 20 Pelican Dr, Wrightsville Beach, NC 28480 ("Property") ❑ SELLER ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph 1(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of $ receipt of which Seller hereby acknowledges. Date Seller: (Signature) Poindexter,vernon C Rev Trust Date Seller: (Signature) Poindexter,Sandra U. Rev Trust ❑ 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 $ identified I(f) of the Offer to Purchase and Contract hereby acknowledges receipt of the Initial Earnest Money Deposit sa d agrees it . Escrow Agent holdraph and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date Finn: Intracoastal Realty 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 $ . Agent as identified in Paragraph 1(f) of the Offer to Purchase and Contract hereby acknowledges receipt of the (Additional) Earnestscrow Money Deposit and agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date Firm: Intracoastal Realty By: (Signature) RECEIVED (Print name)DEC 112014 DCM-MHD CITY Page 12 of 12 STANDARD FORM 2-T Revised 7/2014 © 7/2014 Produced with ziPFcrme by ziPLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 w z uLoui 20 Pelican Dr, 8Intrra,( stW . ' RE4LTFC0RP0RA770N SELLER POSSESSION AFTER CLOSING AGREEMENT THIS AGREEMENT IS AN ADDENDUM TO THE OFFER TO PURCHASE AND CONTRACT WARNINGS TO BUYERS AND SELLERS• • THIS FORM SHOULD NOT BE USED FOR OCCUPANCY OF MORE THAN FOURTEEN (14) DAYS. IT DOES NOT ADDRESS IMPORTANT ISSUES THAT SHOULD BE ADDRESSED IN A RESIDENTIAL LEASE DRAFTED FOR A LONG-TERM OCCUPANCY. • YOU ARE ADVISED TO CONFIRM WITH AN INSURANCE PROFESSIONAL THE TERMS OF COVERAGE UNDER YOUR PROPERTY AND CASUALTY INSURANCE POLICY BEFORE USING THIS ADDENDUM. Property:20 Pelican Dr Wrightsville Beach NC 28480 Seller:Poindexter Vernon C Rev Trust Poindexter Sandra U. Rev Trust Buyer:James Lloyd Ratcliff III Tammy Cam osanto Ratcliff This Addendum is attached to and made a part of the Offer to Purchase and Contract ("Contract") between Seller and Buyer for the Property. Seller desires to remain in possession of the Property on and after the Closing throughout the "Term," which ends the earlier of 10 days (insert a date not later than fourteen (14) days after Closing), or the date Seller vacates the Property. Seller and Buyer, in consideration of the provisions set forth below, hereby agree as follows: 1. Seller acknowledges that all appliances, systems and equipment are in good working order and that Seller shall be responsible for the maintenance and repair of all appliances, systems and equipment on the Property for the Term. The following appliances, systems and equipment are not in working order at the time of this Agreement: n/a 2. Seller shall not alter, modify, damage or fail to maintain the Property in its condition at Closing. In the event that the Property is altered, modified, damaged or not maintained by Seller in its condition at Closing, Seller shall pay all costs necessary to correct any alterations, modifications or damage to the Property to restore the Property back to its condition at Closing. 3. Seller shall credit Buyer at Closing a non-refundable lump sum of $ n/a for the Term ("Rent"). 4. Without a written extension by the Parties, Seller shall vacate the Property no later than midnight of the last day of the Term. If Seller remains in the Property thereafter ("Holding Over"), such Holding Over shall be a breach of this Agreement. Seller shall continue to be bound by all of the terms and conditions of this Agreement, except that during such Holding Over, for each day that Seller remains in possession of the Property, Seller shall pay to Buyer a hold -over fee of $n/a vacates the Property or is evicted. per day until Seller 5. Seller shall keep all utilities registered in Sellers name and shall pay the costs of all utilities (sewer, water, gas, electricity, etc.) during the Term. 6. Seller shall be responsible for lawn maintenance and trash removal during the Term. 7. Seller shall procure and/or maintain in effect a policy or policies of insurance adequately covering Seller's personal property and insuring against any public liability which may arise out of, or by virtue of, the use and occupancy of the Property by Seller, Seller's family and/or agents and employees of Seller. Risk of loss or damage to the Property by fire or other casualty transfers to Buyer at Closing. 8. As of Closing, Buyer shall keep the Property, together with any improvements and any personal property0tW*Ky Buyer on or in the Property, insured for the benefit of Buyer in such amount and to such extent as Buyer determines desirable. DEC 1 1 1014 Page 1 of 2 DCM-MHB 61tt This form jointly approved ti0 STANDARD FORM 2AS - T North Carolina Bar Associatio REFLTOR6 North Carol' a Asss$yetah ns TO t Revised 7/2011 1 ` Q.T., O 7/2013 (! 5 Buyer Initials e 1 als r� Lumina 11, 1904 Eastwood Rd Wilmington, NC 28403 Phone:9106207177 Fax: Gene Ingle PtWuc.dv hxiPForm®bvzbtnmr 1Rnpn ph..,. un,. e__. _. ... .. 20 Pelican Dr, 9: Seller shall indemnify and hold Buyer harmless from and against any and all liability, fines, suits, claims, demands, actions, costs and expenses of any kind or nature whatsoever caused by, or arising out of, or in any manner connected with any damage to the Property occasioned by Seller's use and/or occupancy of the Property during the Tenn, including intentional or negligent acts by Seller, Seller's family, and/or agents and employees of Seller, or any injury to person or persons, including death, or any damage occurring in or about the Property and resulting from or occasioned by Seller's use and/or occupancy of the Property during the Term. 10. Seller shall not sublet the Property or assign this Agreement. 11. Buyer shall pay the owner's association dues and other like charges, if any, during the Term. 12. Check one: ® pets are allowed on the Property ❑ no pets are allowed on the Property. 13. In the event of Seller's breach of this Agreement, Seller may be evicted from the Property pursuant to a summary ejectment proceeding brought before the magistrate in the county where the Property is located, as provided in Chapter 42 of the North Carolina General Statutes. 14. The losing party in any legal proceeding brought by Buyer or Seller against the other party for breach of any provision of this Agreement (including an action for summary ejectment) shall be liable for the costs and expenses of the prevailing party, including reasonable attorneys' fees (at all tribunal levels). 15. TIME IS OF THE ESSENCE with regard to the expiration of the Term. EXCEPT AS SPECIFICALLY MODIFIED HEREIN, ALL OF THE TERMS AND CONDITIONS OF THE CONTRACT SHALL REMAIN IN FULL FORCE AND EFFECT. IN THE EVENT OF A CONFLICT BETWEEN THIS AGREEMENT AND THE CONTRACT, THIS AGREEMENT SHALL CONTROL, EXCEPT THAT IN THE CASE OF SUCH A CONFLICT AS TO THE DESCRIPTION OF THE PROPERTY OR THE IDENTITY OF THE BUYER OR SELLER, THE CONTRACT SHALL CONTROL. THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. Date: October 17 2014 D«uslgnea by: Buyer 1> SEAL) cdff%*&..Ratcliff III Date: October 17 2014 D.uftna by: Buyer Tar� Y6 r .64 t W (SEAL) ®+aiDaRatcliff Date: Date: 1 0 - 17 7 Seller �; .R.ti _ r, C — c9 G h Q Poindexter,Vernon C Rev Trustf) Date:. 7 //yt Seller%W. (SEAL) Poindexter,Sandra U. Rev Trust Date: Buyer (SEAL) Seller (SEAL) RECEIVED DEC 1 1 2014 DCM-MHD CITY Page 2 of 2 STANDARD FORM 2A8 • T Revised 7/2011 © 7/2013 Protlnced with zipFmm®by Zipi_n& 16070 Fifteen Mile Roatl, Fraser, Michigan 48026 nmw.ro� en�o 20 Pelican Dr DocuSign Envelope ID: 1BFCA3A6-CEEB-4407-BA91-7BCD8A6D1CAC STATE OF NORTH CAROLINA RESIDENTIAL PROPERTY AND OWNERS' ASSOCIATION DISCLOSURE STATEMENT J Instructions to Property Owners The Residential Property Disclosure Act (G.S. 47E) (Disclosure An") requires owners of residential real estate (single-family homes. individual condominiums, townhouses, and the like, and buildings with up to four dwelling units) to furnish purchasers a Residential Property and Owners' Association Disclosure Statement ("Disclosure Statement"). This form is the only one approved for this purpose. A disclosure statement must be furnished in connection with the sale, exchange, option and sale under a lease with option to purchase where the tenant does not occupy or intend to occupy the dwelling. A disclosure statement is not required for some transactions, including the first sale of a dwelling which has never been inhabited and transactions of residential property made pursuant to a lease with option to purchase where the lessee occupies or intends to occupy the dwelling. For a complete list orexemptions, we G.S. 47E-2. 2. You must respond to each of the questions on the following pages of this form by filling in the requested information or by placing a check in the appropriate box. In responding to the questions, you are only obligated to disclose information about which you have actual knowledge. a. If you check "Yes" for any question, you must explain your answer and either describe any problem or attach a report from an attorney, engineer, contractor, pest control operator or other expert or public agency describing it. If you attach a report, you will not be liable for any inaccurate or incomplete information contained in it so long as you were not grossly negligent in obtaining or transmitting the information. b. If you check "No", you are stating that you have no actual knowledge of any problem. If you check "No" and you know there is a problem, you may be liable for making an intentional misstatement. c. If you check "No Representation", you are choosing not to disclose the conditions or characteristics of the property, even if you have actual knowledge of them or should have known of them. d. If you check "Yes" or "No" and something happens to the property to make your Disclosure Statement incorrect or inaccurate (for example, the roof begins to leak), you must promptly give the purchaser a corrected Disclosure Statement or correct the problem. 3. If you are assisted in the sale of your property by a licensed real estate broker, you are still responsible for completing and delivering the Disclosure Statement to the purchasers; and the broker must disclose any material facts about your property which he or she knows or reasonably should know, regardless of your responses on the Disclosure Statement. 4. You must give the completed Disclosure Statement to the purchaser no later than the time the purchaser makes an offer to purchase your property. If you do not, the purchaser can, under certain conditions, cancel any resulting contract (See "Note to Purchasers" below). You should give the purchaser a copy of the Disclosure Statement containing your signature and keep a copy signed by the purchaser for your records. Note to Purchasers; If the owner does not give you a Residential Properly and Owner's Association Disclosure Statement by the time you make your offer to purchase the property, you may under certain conditions cancel any resulting contract without penalty to you as the purchaser. To cancel the contract, you must personally deliver or mail written notice of your decision to cancel to the owner or the owner's agent within three calendar days following your receipt of the Disclosure Statement, or three calendar days following the date of the contract, whichever occurs first. However, in no event does the Disclosure Act permit you to cancel a contract after settlement of the transaction or (in the case of a sale or exchange) after you have occupied the property, whichever occurs first. 5. In the space below, type or print in ink the address of the property (sufficient to identify it) and your name. Then sign and date. Property Address:20 Pelican Dr. Unite A , Wrightsville Beach, 28480 Owner's Name(s): Sandra U. Poindexter Trust, Vernon C. Poindexter Trust Ownetfsl acknowledge booing esaningd th' D' losure Statement before signing and that all information is true and correct as of the date signed. �e// /s Owner Signature: C. Date Owner Signature: Vernon C. Poindexter Trust Date 2— G' Y Purchaserfs) acknowledge receipt of a copy of this Disclosure Statement; that they have eramined it before signing; that they understand that this is not a warranty by owner or owner's agent, that it is not a substitute for any inspections they may wish to obtain; and that the representations are made by the owners and not the owneri agents or subagents. Purchasers are strongly encouraged to obtain their own inspections from a licensed hoar/B��E/1�f�// er essio al. s used herein, words in the plural include the singular, as appropriate. Purchaser Signature: // oC oa a a Date 10 /17/2014 Purchaser Signature: +% Date 1n/17/7014 REC 4.22 se 7ct.caeoFa4sc... RECEIVED REV 1/13 Page I of Lumina Il 1904 Eastwood Rd Wilmingion, NC 28403 DEC 1 1 1014 Phone: 910-509-1971 Fax: Drew Pittman 20 Pelican Dr. Produced rMh zpFomeny zipLoau 18070 Fihwn Mik Road, Fraser, Michigan 48026 mw.zioLoalx.mM 96M-MHE) Qn• DocuSign Envelope ID: iBFCA3A6-CEEB-4407-BA91-7BCDBA6DICAC `y v Property Address/Description: 20 Pelican Dr. Unite A & Y , Wrightsville Beach, 28480 r Unit A &rt Pelican Harbour The following questions address the characteristics and condition of the property identified above about which the owner has actual knowledge. Where the question refers to "dwelling," it is intended to refer to the dwelling unit, or units if more than one, to be conveyed with the property. The term "dwelling unit" refers to any structure intended for human habitation. Ns i2i lta ReoreuNarlon I. In what year was the dwelling constructed? /9G` ;Z, Explain if necessary: 2. Is there any problem, malfunction or defect with the dwelling's foundation, slab, fireplaces/chimneys, Floors, windows (including storm windows and screens), doors, ceilings, interior and exterior walls, attached garage, patio, deck or other y structural components including modifications to them?....................................................................................................... ❑ ❑ ®/ 3. The dwelling's exterior walls are made of what type of material? rick Veneer ❑ Wood ❑ Stone ❑ Vinyl ❑ Synthetic Stucco ❑ Composition/Hardboard ❑ Concrete ❑ Fiber Cement ❑ Aluminum ❑ Asbestos Other (Check all that apply) 4. In what year was the dwelling's roof covering installed? /992 (Approximate if no records are available) Explain if necessary: 5. Is there any leakage or other problem with the dwelling's roof?........................................................................................... ❑ ❑ Ly 6. Is there any water seepage, leakage, dampness or standing water in the dwelling's basement, crawl space, or slab? ❑ ❑ [� 7. Is there any problem, malfunction or defect with the dwelling's electrical system (outlets, wiring, panel, switches, --// fixtures, generator. etc.)?........................................................................................................................................................ ❑ ❑ 12 8. Is there any problem, malfunction or defect with the dwelling's plumbing system (pipes, fixtures, water heater, etc.)? ❑ ❑ Isd 9. Is there any problem, malfunction or defect with the dwelling's heating and/or air conditioning? ...................................... ❑ ❑ 0/ 10. What is the dwelling's heat source? ❑ Furnace Cr} eat Pump ❑ Baseboard ❑ Other (Check all that apply)... Age of system: i 20,0r7 11. What is the dwelling's cooling source? Central Forced Air ❑ Wall/Window Unit(s) ❑ Other p (Check all that apply)... Age of system: I-0001 . /r %% 12. What are the dwelling's fuel sources? ❑ Electricity ❑ Natural Gas joropane 1 ❑ Other (Check all that apply) If the fuel source is stored in a tangy, identify whether the lank is ❑ above ground or ❑below ground, and whether the tank is ❑ leased by seller or ®"owned by seller. (Check all that apply) ...................................... Ird 13. What is the dwelling's water supply source? City/County ❑ Community System ❑ Private Well ❑ Shared Well ❑ Other (Check all that apply).................................................................................... Ild 14. Th welling's water pipes are made of what type of material? ❑ Copper ❑ Galvanized ❑ Plastic ❑ Polybutylene Other L4^ k�^— (Check all that apply).................................................................................... 1.5. Is there any problem, malfunction or defect with the dwelling's water supply (including water quality, quantity, or water pressure)?................................................................................................................................................................................❑ ❑ 16. What is the dwelling's sewage disposal system? ❑ Septic Tank ❑ Septic Tank with Pump ❑ Community System BConnected to City/County System ❑ City/County System available ❑ Straight pipe (wastewater does not go into a septic or other sewer system [note: use of this type of system violates stale law) ❑ Other J (Check all that apply).............................................................................................................................................................. kd 17. If the dwelling is serviced by a septic system, do you know how many bedrooms are allowed by the septic system permit? If your answer is "yes' how many bedrooms are allowed? ❑ No records available ❑ ❑ pK 18. Is there any problem, malfunction or defect with the dwelling's sewer and/or septic system? ............................................. ❑ ❑ 19. Is there any problem. malfunction or defect with the dwelling's central vacuum, pool, hot tub, spa, attic fan, exhaust fan, ceiling fans, sump pump, irrigation system, TV cable wiring or satellite dish, garage door openers, gas logs, or other �/ systems?................................................................................ ❑ ❑ Ind .................................................................................................. 20. Is there any problem, malfunction or defect with any appliances that may be included in the conveyance (rangeloven, —/ attached microwave, hood/fan, dishwasher, disposal, etc.)?.................................................................................................. ❑ ❑ C3 DS Owner Initials and Date Owner Initials and Dale mail Purchaser Initials and Dat O Purchaser Initials and Date x /2014 Page 2 of 4 Produced with zipForm® by zipLogix 18070 Fitleen Mile Road Finaer, Michigan 48026 w zipl-ggix.com 20 Pelican Dr. RECEIVED DEC 1 1 7014 DocuSign Envelope ID: 1BFCA3A6-CEEB-4407-BA91-7BCD8A6D1CAC No 21. Is there any problem with present infestation of the dwelling, or damage from past infestation of wood destroying insects ]'ra Na Reprerenimim�.,j or organisms which has not been repaired?............................................................................................................... ❑ ❑ a 22. Is there any problem, malfunction or defect with the drainage, grading or soil stability of the property? ......................... ❑ ❑ 23. Are there any structural additions or other structural or mechanical changes to the dwelling(s) to be conveyed with theproperty?.......................................................................................................................................................................... ❑ ❑ 24. Have you ever been notified by a governmental agency that the property is in violation of any local zoning ordinances, restrictive covenants, or other land -use restrictions, or building codes (including the failure to obtain proper permits for room additions or other changes/improvements)? ........................................................................................................... ❑ ❑ 03/ 25. Are there any hazardous or toxic substances, materials, or products (such as asbestos, formaldehyde, radon gas, methane gas, lead -based paint) which exceed government safety standards, any debris (whether buried or covered) or underground storage tanks, or any environmentally hazardous conditions (such as contaminated soil or water, or other environmental / contamination) which affect the property?............................................................................................................................ ❑ ElD 26. Is there any noise, odor, smoke, etc. from commercial, industrial, or military sources which affects the property? ❑ ❑ [� 27. Is the property subject to any utility or other easements, shared driveways, party walls or encroachments from or on adjacentproperty? .... ................................................................... ........................................................................................... ❑ ❑ [9' 28. Is the property the subject of any lawsuits, foreclosures, bankruptcy, leases or rental agreements, judgments, lax liens, proposed assessments, mechanics' liens, materialmens' liens, or notices from any governmental agency that could affect —/ titleto the property?................................................................................................................................................................ ❑ ❑ 17 29. Is the property the subject to a flood hazard or is the property located in a federally -designated Flood hazard area? ar',❑ ❑ 30. Does the property abut or adjoin any private road(s) or street(s)?........................................................................................ ❑ ❑ 31, If there is a private road or street adjoining the property, is there in existence any owners' association or maintance agreements dealing with the maintenance of the road or street? .... ....._........ ....................... _............................ ........ .._....... ❑ ❑ [3/ If you answered "yes" to any of the questions listed above (1-31) please explain (attach additional sheets, if necessary): In lieu of providing a written explanation, you may attach a written report to this Disclosure Statement by a public agency, or by an attorney, engineer, land surveyor, geologist, pest control operator, contractor, home inspector or other expert, dealing with matters within the scope of that public agency's functions or the expeo's license or expertise. The following questions pertain to the property identified above, including the lot to be conveyed and any dwelling unit(s), sheds, detached garages, or other buildings located thereon. No 32. To your knowledge, is the property subject to regulation by one or more owners' association(s) or governing documents which impose various mandatory covenants, conditions, and restrictions upon the lot, including, but not limited to obligations to pay regular assessments or dues and special assessments? If your answer is "yes," please provide the information requested below as to each owners' association to which the property is subject [insert NIA into any blank that does not apply]: -(specify name) whose regular assessments ("dues") are $ per . The name, address, and telephone number of the president of the owners' association or the associations manager areare -(specify name) whose regular assessments ("dues") are $ per . The name, address, and telephone number of the president of the owners' association or the association manager are XU III Reacesemshon *If you answered "Yes" to question 32 above, you must complete the remainder of this Disclosure Statement. If you answered "No" or "No Representation" to question 32 above, you do not need to answer the remaining questions on this Disclosure Statement. Skip to the bottom of the last page and initial and do( h p e. os r` ,� .1 Ds Owner Initials and Date i Owner Initials and Date Purchaser Initials and Date Purchaser Initials and Date 9w Page 3 of 4 Produced with zipForm& by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLoplx.com 20 Pelican Dr. RECEIVED DEC 1 1 2014 Eir ml-IMPM lo" DocuSign Envelope 10: 1BFCA3A6-CEEB-4407-BA91-7BCD8A6D1CAC lsa tic. BcOv3Fv9aliau 13. Ate any Ices charged by the association or by the association's management company in connection with the conveyance Or transfer of the lot or property to a new owner? If your answer is 'yes." please slate the amnoat of the fees: D ❑ ❑ 34, As of the date this Disclosure Statement is signed, are there no other dues, fees, or special assessments which have been duly approved as requited by the applicable declaration of bylaws, and that are payable w an association to which the lot is subject'? If your answer is'ye&- please stoic the nature and arnount of the dues, fees, or special assessments to which the property is subject: ❑ Cl 35. As of the date this Disclosure Statement is sighed, are there any unsans:iect j mFnxn,,s against, or pending lawsuits invatt•fng the properly ar 101 to be conreyed?ffyouransweris"yes.'pleasestetetherivareofeachpendinglawsuit, and the amount of each unsatisfied judgment: Foos 35- As of the date this Disclosure Statement is signed, are there any unsatisfied judgments against.., or pending lawsuits ari-Wi1rig the planned commusiry or the assorlaiiwr to which the property and lot are subject , with thccxception of any action filed by the association for the collection of delinquent assessmens on tots other than the properly and lot to be conveyed? if your answer is 'yes,' please slate the nature of each pending lawsuit. and the amount of each unsatisfied judgme n: 37. Which of the following services and anuenilics are paid for by the owners' association(s) identified above out of the association's regular assessments Cdues")? (Check all that apply) 0 u Eal j{¢ giep_recrMn[en ManagementFees ................... ............-_...........__................_.......................,......,....,,....................,.....,..................................❑ ❑ ❑ Exterior Building Maintenance of Property to be Conveyed........... ............... .............. ......._.,... ...... ........ .... ...... I ...... ,........... ❑ ❑ ❑ Exterior Yard/Laadscaping Maintenance of Lot to be Conveyed......................................................................_.................. ❑ ❑ ❑ CommonAreas Maintenance.._.................................................................................................:.......................................... ❑ ❑ ❑ TrashRemoval ......... ................ ............ ,........... ........... .................................. ................................ .... ........ ............ .............. ❑ ❑ ❑ Recreational Amenity Maintenance (apoeify amenities cos eicd) PestTreatment/Exterminalion., .................... ....... ................ ........................................... ........................ ---- ...... ................ ❑ D ❑ Sneerf.ights.......................,.............................................................._.........,....,.......................,..............................-..-'❑ ❑ ❑ Watti...................... ...... --- ....... ............... ............................... _..,............................ ........................ .,,.,...... ....................... ❑ ❑ ❑ Sewet ........................... --- ... ..,,...... ....... .......,..,....... .... ,......... ....... , ................. .... ... ....... _......... Storm water ManagemenUDrainageJPonds........................._......,.........._................,..._.......................,........,.......................... ❑ ❑ ❑ Intenlet.Service ............... .......... ...... ...................... ......... ................. ...................... ........... ......... ..... ........... --- ...... ......,........❑ ❑ ❑ Cable....._...................................................._,........................_.,_.............._...............,................,..........................................❑ ❑ ❑ PrivateRoad Maintenance ....... ................ .......................... ......... ..................... ............................................... ........... .......... .. ❑ ❑ ❑ Parking Area Maintenance.,-..,,,-. ...... ....... ...... ..... --- .................... — ... ...... ....................... ❑ Cate and/or Security....--- . ........... ............. ............. ............ ........................................................ ........ ............... ......... ..,.... ❑ ❑ ❑ Other: (speeify') Ds 2� Ds Owner Initials and Date Owner Initials and Date Purchaser Initials and Date 0-t4Purchaser Initials and Date 7 QQJ 4 Page 4 of 4 Produced with zipFonnt by zipLogix 1807D Fifteen Mile Road, Fraser, Michigan 48026 www.zioLodx.crom 20 Pelican Dr. RECEIVED DEC 1 1 m14 Berta=llplroH twry e STATE OF NORTH CAROLINA RESIDENTIAL PROPERTY AND OWNERS' ASSOCIATION DISCLOSURE STATEMENT Instructions to Property Owners The Residential Property Disclosure Act (G.S. 47E) (Disclosure Act") requires owners of residential real estate (single-family homes, individual condominiums. townhouses. and the like, and buildings with up to four dwelling units) to furnish purchasers a Residential Property and Owners' Association Disclosure Statement ("Disclosure Statement"). This form is the only one approved for this purpose. A disclosure statement most he furnished in connection with the sate, exchange, option and sale under a lease with option to purchase where the tenant does not occupy or intend to occupy the dwelling. A disclosure statement is not required for some transactions, including the first sale of a dwelling which has never been inhabited and transactions of residential property made pursuant to a lease with option to purchase where the lessee occupies or intends to occupy the dwelling. For a complete list of exemptions, see G.S. 47E•2. 2, You must respond to each of the questions on the fallowing pages of this forms by filling in the requested information or by placing a check in the appropriate box. In responding to the questions, you are only obligated to disclose information about which you have actual knowledge. a. If you check "Yes" for any question, you must explain your answer and either describe any problem or attach a report from an attorney, engineer, contractor, pest control operator or other expert or public agency describing it. If you attach a repon. you will not be liable for any inaccurate or incomplete information contained in it so long as you were not grossly negligent in obtaining or transmitting the information. b. If you check "No". you are stating that you have no actual knowledge of any problem. If you check "No" and you know there is a problem, you may be liable for making an intentional misstatement. c. If you check "No Representation", you are choosing not to disclose the conditions or characteristics of the property, even if you have actual knowledge of them or should have known of them. it. If you check "Yes" or "No" and something happens to the property to make your Disclosure Statement incorrect or inaccurate (for example, the roof begins to leak), you must promptly give the purchaser a corrected Disclosure Statement or correct the problem. 3. If you are assisted in the sale of your property by a licensed real estate broker, you are still responsible for completing and delivering the Disclosure Statement to the purchasers; and the broker must disclose any material facts about your property which he or she knows or reasonably should know, regardless of your responses on the Disclosure Statement. 4. You must give the completed Disclosure Statement to the purchase no later than the time the purchaser makes an offer to purchase your properly. if you do not, the purchaser can, under certain conditions. cancel any resulting contract (See "Note to Purchasers" below). You should give the purchaser a copy of the Disclosure Statement containing your signature and keep a copy signed by the purchaser for your records. Note to Purchasers: If the owner does not give you a Residential Property and Owner's Association Disclosure Statement by the time you make your otter to purchase the property, you may under certain conditions cancel any resulting contract without penalty to you as the purchaser. To cancel the contract, you must personally deliver or mail written notice of your decision to cancel to the owner or the owner's agent within three calendar days following your receipt of the Disclosure Statement, or three calendar days following the date of the contract, whichever occurs first. However, in no event does the Disclosure Act permit you to cancel a contract after settlement of the transaction or (in the case of a sale or exchange) after you have occupied the property, whichever occurs first. 5. In the space helow. type or print in ink the address of the property (sufficient to identify it) and your name. Then sign and date. Property Address: Owner's Name(s): Ownerfs) acknowledge having examined this Disclosure Statement before signing and that all infonnallon is true and correct as of the date signed. r Owner Signature: aft..--zt x. emu- aadxa U. Poindexter Trust part Owner Signature: 5� Date r— Purrhaserfs) acknowledge reretjt of a rnPy of this Disclosure Gmemenr; that they hair examined it brtare signing; that thev understand that this is not a warranty br owner or owner:t agent; thar it is Hal a substitute for am inspections rhn- nray wish to obtain; and that the tepresenrarions are made by the owners and not the owners' agents or subagents. Purchasers are strongly encouraged to obtain their own inspections franc a iicensfa"fni?Pk'iyP,pfF tfr or r�rrojcssiartai. As used herein, wards in the Plural include the singular, as appropnare. Purchaser Signature: �,.� i, 7'9eeWiso "" r x -l--N" Date 8/2512014 Pvrchastr Signature ature: I /' .Lr �--�--- Date _$L/7n14 aFca„ RFV U0 Page 1 hr F Lumins it tM1F Easi.a>~: Rd :t'ilMuq r_,n Pic _P0% E0tnrne-4; U.%7e 1411 Fax PiRx F;ttnwa RECEIVED O FcIIc:ut Dr c,as,rer. +M 2,PF0,m1a br milt xxr '!eL16 ring4" ±kie Frysa r�®sr.. wµ�ay. aeh,2G :�nslr<4ASYu;.F➢ DEC 112014 r)ePM_WNrt;!!" U Property Address/Descripilon: 20 Pelican Dr. Units of a s , wriehtsvills Haach 28480 d"it & 6 Pelican Harhnur The following questions address the characteristics and condition of the property identified above about which the owner has actual knowledge. Where the question refers to "dwelling," it is intended to refer to the dwelling unit, or units if more than one, to be conveyed with the property. The term "dwelling unit" refers to any structure intended for human habitation. NB Yss da Baprasrattlioa i. in what year was the dwelling constructed? Explain if necessary: 2. Is there any problem. malfunction or defect with the dwelling's foundation, slab, fireplaces/chimneys, floors. windows (including storm windows and screens), dours, ceilings, interior and exterior walls, attached garage, patio, deck or other structural components including modifications to them? ....... ........ ..............._.............. .,........ .... ...... --- ........... _...... . ❑ ❑ 3. The dwelling's exterior walls are made of what type of material? (Brick Veneer ❑ Wood ❑ Slone ❑ Vinyl ❑ Synthetic Stucco ❑ Compositfon/8ardboard ❑ Concrete ❑ Fiber Cement ❑ Aluminum ❑ Asbestos ❑ Other (Check all that apply) GG.. 4. In what year was the dwelling's roof covering installed? !%!L (Approximate if no records are available) Explain if necessary: Yd 5. Is there any leakage or other problem with the dwelling's roof? ................................. .... ........ ......... ......... .......... ._........ ..... ❑ ❑ (� 6. Is There any water seepage, leakage, dampness or standing water in the dwelling's basement, crawl space, or slab? ❑ 7. Is there any problem, malfunction or defect with the dwelling's electrical system (outlets, wiring, panel, switches, fixtures, generator, etc.)? .................. ❑ ❑ 0-, 8. Is there any problem, malfunction or defect with the dwelling's plumbing system (pipes, fixtures, water heater, etc.)? ❑ ❑ 9. is there any problem, malfunction or defect with the dwelling's heating and/or air conditioning? ............................ _..... ❑ ❑ 19- M What is the dwelling's heat source? ❑ Furnace CN Heat Pump ❑ Baseboard ❑ Other (Check all that apply)- Age of system: wC, l l What is the dwetiing's cooling source? G3rCmral Fore Air ❑ Wail/Window Unii(s) ❑ Other (Check all that apply)m ,.. Age of system__ -2� / 12. What are the dwelling's fuel sources? ❑ Electricity ❑ Natural Gas efropane, ❑ Oil QOther (Check all that apply) If the fuel source is stored in a tank, identify whether the tank is M'above groom- or below and whether the tank is ❑ leased by ground. seller or Uovvned by setter. (Check all that apply) .. ....... .............. ........._... 13. What is the dwellings water supply source? cty/County ❑ Community System ❑ Private Well ❑ Shared Well Other (❑ (Check all that apply) ....... ... ..... ......... ........................................... ..... ... ........ t4. Thp-d wellfng's water pipes are made of what type of malerisi? ❑ Copper ❑ Gabani7w ❑ Plastic ❑ Polybulylene [GJOther (Check all that apply) ........... 15, Is there any problem, malfunction or defect with the dwellings water nippty (including water quality, quantity, or water pressure)? ......_. ..... ......... ........... .--...... ... ......... . . _..❑ ❑ 16. WW is the dwelling's sewage disposal system? ❑ Septic Tank ❑ Septic Tank with Pump ❑ Community System Conneeted to City/Coumy System ❑ City/County System available ❑ Straight pipe (wastewater does not go into a septic or other sewer system (note: use of this type of system violates state law) 1,3 Other tCheck all Ihat apply) ........... ...._......... .._ .._.... — _, Il. If the dwelling is serviced by a septic system. do yroom You know how many beds are allowed by the septic system permit'? If your answer is'yes" how many bedrooms are allowed? ❑ No records available ❑ ❑ Mrl� 18. Is there any problem, malfunction or defect with the dwelling's sewer and/or septic system? ...... ❑ ❑ Er i9. Is there any problem, malfuncdon or defect with the dwelling's eentiul vacuum, aril. hm tub. spa, attic fair, exhaust fan. coiling fans sump pump milation system. TV cable wiring or satellite dish, garage door openers gas logc or other ,' systems? .. ..... ... __. ............. ...... ... ....... ... .... .......__ . _.. ........ ... ..... ....... ......... ❑ Cl (Y 20. Is there any prohtcm malfunction or defect with any appliances that may he included in the constyaace (ranga(oven. �/ attached microwave, hoodtfim, dishwasher, disposal, etc.-? _......._........._......................... _..._................. ......... ❑ ❑ (9 Ds owner Initials and Date o$ �-� / Owner Intrials and Date T Puahaser Initials ami Date Pvgr,haser Initials and Da c age: of4 Prv3xa;. weft+ripF:,r:�g. rk Pio�u '8Cr'G Fdve�n M:Ye .,ac Frete;. lk: gigan,t60CB _,�, Cehi w-r ir. RECEIVED DEC 1 1 2014 DCM-ro rum e1TW NIQ 21. Is there any problem with present infestation of the dwelling. or damage from pas( 'afestation of wood destroying Y.0 Na R..t.o I M insects or organisms which has nor been repaired? ....... . ...... ..... .... .......... 0 0 Er 22. Is there any problem malfunction or defect with the drainage. grading or soil stability of the property? ......................... 13 0 sr- 23. Are there any struclural additions or other structural or mechanical changes to the dwelling(s) to be conveyed with theproperly?_ ............................ _ .. ........ ........... ........... ..................................................... ................................. ........... - 0 0 1XI, 24. Have you ever been notified by a governments] agency that the property is in violation of any local zoning ordinances. restrictive covenants, or other land -use restrictions. or building codes (including the failure to obtain proper permits for room additions or other changes/improvememO? __ - ......... ........ ............. .... .... . . - ... C] 13 R__� 25. Are there any hazardous or toxic substances, materials, or products (such as asbestos, formaldehyde, radon gas, methane gas, lead -based paint) which exceed government safety standards, any debris (whether buried m covered) or underground storage tanks, or any environmentally hazardous conditions (such as contaminated soil or water, or other environmental contamination) which affect the properly? .................. .. ......... ....... .... ........... __ ...... ............ . .. ............. ...... 0 C3 26. Is there any noise, odor, smoke. etc. from commercial, industrial. or military sources which affects the property? E3 0 27. Is the property subject to any utility or other easements, shared driveways, pony walls or encroachments from or on adjacentproperty? ................................ _ .... .. ...... .. .................... ........ ........ .......... .... .. ... ... ... .. ... ........ ........... 13 0 13-11, 28. Is the property the subject of any lawsuim foreclosures, bankruptcy. leases or rental agreements. judgments. tax liens, proposed assessments, mechanics' liens, materialments' liens, or notices from any governmental agency that could affect title10 the property? ............... .......... ........ _ . .. ..... ....... . ... ... ..... .... ........ . ...... . .... ..... ................ ........ C3 0 29. Is the property the subject to a flood heard or is the properly located in a federally -designated flood hazard area! N5, C1 C3 30. Does the properly abut or adjoin any private road(s) or street(s)? . .. ___ ................. ............... ........................................... 0 0 2_�' 31. If there is a private. road or street adjoining the property, is there in existence any owners' association or maintance agreements dealing with the maintenance of the road or street? ........................................- ­ - -­ . ­­ ... .... ...... . .. - ­... 13 13 cr/ If you answered "yes" to any of the questions listed above (1.31) please explain (attach additional sheets, if necessary): In lieu of providing a written explanation, you may attach a written report to this Disclosure Statement by A public agency, or by an attorney, engineer, land surveyor. geologist, pest control operator, contractor, home inspector or other expert, dealing with matters within the scope of that public agency's functions Of the expell's license M expertise. The following questions pertain to the property Identified above, including the lot to be conveyed and any dwelling unit(s), sheds, detached garages, or other buildings located thereon. NO 12. To your knowledge, is the property subject to regulation by one or more owners' associations) of governing documents ):b Nit EWZUUIUJW which impose various mandatory covenants. conditions. and restrictions upon the lot. including. but not limited to 0 0/' 0 obligations to pay regular assessments or dues and special assessments? If your answer is 'yes." please provide the mformartion requested below as to each owners' association to which the property is subject [insert N/A into any blank that does not apply); aspecify name) whose regular assessments t"dues") are 3 per The name, address. and telephone number of the president of the owners' association or the association manager in - -(.specify name) whose regular assessments ("dues') we $ Per The rame, address. and telephone number of the president of the owners' association or the association manager are 'if you answered "Yes" to question 32 above, you must cousIgete the remainder of this Disclosure Staternent. if you answered "No" or "No Representation" to question 32 above, you do not need to answer the remaining questions on this Disclosure Statement. Skip to the bottom of the lost page and inittall !%! to the page Initialsals and Date OpOwner Irtmals and Date Pun Kasen ImOaI4 and Date Page "i W 4 plo�:<eo lvZ. ,Fa_-14 ti ZVI. . C _., Vx Road 48026 Pthcaz RECEIVED DEC 112014 DCM-MHM C" !ilr 1n Sit Beata umm • 31 Are any fens charged by the tkvscxiatii+u of t+y the assncti>dion management company in connection with the .onstyance or transfer of the lot or pr(tperty to a new owner? If r- r ansAzr is "yes,` please usie the ana.unt of tbo fees' CJ ❑ ❑ Nf As of the date this Disclosure Sea arum is signed. art there no other duts, fees, or special asxsstrrtnta which have been duly approved as required by the applicable declaration or bylaws, and that are payable to an association to wbicb the lox is subject? If your answer is `yes," please suite the nature and amount of the dues• fees, or special assessments to which the property is subject- ❑❑ ❑ 31, As of the date this Dixtiaarre Statetttertt is signed, are there any uraatiatied rusiftnerits against, or pending lawsvits wt,oh ing the rmperly or for to be corky'€d? If p:artf answer is "yts," please state the natum of each pending lawsuit, and the amount of each unsat£sfsnd jvdgtnent: ❑ ❑ ❑ 36. As of the date ibis Disclosure Staternent is signed, are there any unsatisfied judgrnents against. or pending lawsuits ihivMng the plarored ltorwxewily or the rrxsociettinn to whfrh the props" and lot am subject.withdstexceptionof any action filed by the association for the collection of delistgitettt assess"rits on lots other than the property and lot to be conveyed? If yew answer is 'yes' please state the narure of each pending lawsuit, and the amount of each unsatisfied judgrttem; ❑ ❑ ❑ i7. Which of the following serstces and antennies are paid for by the owners' associationfsl identified above out of The asstxialion's MgWaf assessnents {"dues")? (Check all that apply}. in hean ManagementFes .... .... ....... ..... ............. ... ....... ......... ................... ........ ...__.._...____.,.._......_ ... __..._..._. _......❑ ❑ ❑ Exterior Building Maintraarm of Property to be Conveyed- ..... ­1 ... - ... ­ _—. ................ ......... ..... .... ......:.......... ❑ ❑ ❑ Exterior YardUndscsping Matmcnance of Un to be Conveyed.................. ........�...... ❑ ❑ ❑ Contrition Areas Maintenamee .._.. . - __ ........... .... ...... ...._. , ...... .... _.. ... -.,...._..... ... ._.❑ ❑ ❑ TrashRernovaL....- _....._..,....._........ _...... ....... .._ .. ..... �.., .................. .❑ ❑ ❑ Recreational Amenily Maintenance (specify amenities cavc?tsdl ❑ ❑ ❑ Pest TrestmentfExterntination ..... . ❑ ❑ ❑ Sired Lip" ......__......_,.......... ....❑ ❑ ❑ sewer.__. __ ._.. _..............__ _ ❑ ❑ ❑ Storm water 4anagemeni.0rainage/Ponds .. _ _ .._.............. .... ❑ ❑ ❑ Internet Smict... _.. ...... _... cable Private Road Maintenance ... ...... . . . ..._ _.._ .... ... ... ... _ _.. ... ❑ ❑ ❑ Parking Area Maintenance..... _.. .. .. .. .. .... . .. ............ _.�........... _...... ._.._.... .... ... ❑ ❑ ❑ Gaze and'or Seari(y ... ..._._. .... ....._..._. ._.... .......... .. _. ......._..._ ... ❑ ❑ ❑ other 'vptrif)i Da )v,ncr In«ials and Date!b'wz- � Qu-ner fniiials and Date Put chaser Initials ana Dale. Purch,,ser Initials and Dale P;, fe s cr "'odu;be v;r: � tn$ tYr, W At* fi_ad, FMse1. Mfi[.h", 4rD2F fC9�'.]JaiubY.CDIT. . J PEtic.n to RECEIVED DEC l 1 1014 F"PW:MHH ! F" REALTY CORPORATION LEAD -BASED PAINT OR LEAD -BASED PAINT HAZARD ADDENDUM Property: 20 Pelican Dr. Units A & B , Wrightsville Beach 28480 Seller: Buyer: This Addendum is attached to and made a part of the Offer to Purchase and Contract ("Contract") between Seller and Buyer for the Property. During the Due Diligence Period, Buyer shall have the right to obtain a risk assessment or inspection of the Property for the presence of lead -based paint and/or lead -based paint hazards` at Buyer's expense. Buyer may waive the right to obtain a risk assessment or inspection of the Property for the presence of lead -based paint and/or lead -based paint hazards at any time without cause. *Intact lead -based paint that is in good condition is not necessarily a hazard. See EPA pamphlet "Protect Your Family From Lead in Your Home" for more information. Disclosure of Information on Lead -Based Paint and Lead -Based Paint Hazards Lead Warning Statement Every Buyer of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead -based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children stay produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Seller of any interest in residential real property is required to provide the Buyer with any information on lead -based paint hazards front risk assessments or inspections in the Seller's possession and notify the Buyer of any known lead -based paint hazards. A risk assessment or inspecrion for possible lead -based hazards is recommended prior to purchase. S '£c ure (initial) E".�j Presence of lead -based paint and/or lead -based paint hazards (check one below): ❑ Known lead -based paint and/or lead -based paint hazards are present in the housing (explain). {���// //n LO Seller has no knowledge of lead -based paint and/or lead -based paint hazards in the housing. J_f ! eD (b) Records and reports available to the Seller (check one) ❑ Seller has provided the Buyer with all available records and reports pertaining to lead -based paint and/or lead• based paint hazards in the housing (list documents below). Seller has no reports or records pertaining to lead -based paint and/or lead -based paint hazards in the housing. Buyer's Acknowledgment (initial) os os (c) Buyer has received copies of a)) information listed above. Buyer has received the pamphlet Protect Your Family from Lead in Your Home. Buyer has (check one below): iij eceived the opportunity during the Due Diligence Period to conduct a risk assessment or inspection for the presence of lead -based paint and/or lead -based paint hazards; or ® Waived the opportunity to conduct a risk assessment or inspection for the presence of lead -based paint and/or lead -based paint hazards. This form jointly approved by: Page l of 2 ^=� STANDARD FORM 2A9 • T North Carol' T Bar Association ,� i�.� Revised 7/2011 01110P North Caro na�' f R TORSO, Inc. /� ///�J/ �n nP oni°oan; ©7/2013 Buyer Initial tials �w /r f2 t�/. �I rm.L�,�ti Lumbmlli9 Emiwood Rd Wdmlogtoo.NC]gele Pl,on"10.5091971 Fax: Fi17, 1 ❑rcw Pluman ProtluCed with zipFCTMO by ZIPLbgir 18070 Fifteen Mile Road, Fraser, Michigan 46026 www.muLnnir cRECEIVED DEC 1 1 2014 DCM-MHD CI1Y nt' Acknowledgment (initial) (f) Agent has informed the Seller of the Seller's obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by the signatory is true and accurate. IN THE EVENT OF A CONFLICT BETWEEN THIS ADDENDUM AND THE CONTRACT, THIS ADDENDUM SHALL CONTROL, EXCEPT THAT IN THE CASE OF SUCH A CONFLICT AS TO THE DESCRIPTION OF THE PROPERTY OR THE IDENTITY OF THE BUYER OR SELLER, THE CONTRACT SHALL CONTROL. THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. Buyer B uyer Buyer: Agent: Seller: Seller: Seller: Agent: Keit Beatty/ DiKew Pittman Page 2 of 2 8/25/2014 (SEAL) Date (SEAL) Date 8/25/2014 (SEAL) Date Date /0—/ ? - i /— (SEAL) Date Z/7/1:9' (SEAL) Date 2 — 7— Idi4 (SEAL) Date lv RECEIVED DEC 1 1 2014 ©GM-MHB Glry STANDARD FORM 2A9 • T Revised 712011 ® 712013 Prod d wfth Z*FWr* by EipLoyix 18070 Glllean Mile Ro d, Fraser, M10hit{ah 460A wawxid.WIXXom A?-� rx.. WORKING WITH REAL ESTATE AGENTS When buying or selling real estate, you may find it helpful to have a real estate agent assist you. Real estate agents can provide many useful services and work with you in different ways. In some real estate transactions, the agents work for the seller. In others, the seller and buyer may each have agents. And sometimes the same agents work for both the buyer and the seller. It is important for you to know whether an agent is working for you as your agent or simply working with you while acting as an agent of the other party. This brochure addresses the various types of working relationships that may be available to you. It should help you decide which relationship you want to have with a real estate agent. It will also give you useful information about the various services real estate agents can provide buyers and sellers, and it will help explain how real estate agents are paid. SELLERS Seller's Agent If you are selling real estate, you may want to "list" your property for sale with a real estate firm. If so, you will sign a "listing agreement" authorizing the firm and its agents to represent you in your dealings with buyers as your seller's agent. You may also be asked to allow agents from other firms to help find a buyer for your property. Be sure to read and understand the listing agreement before you sign it. Your agent must give you a copy of the listing agreement after you sign it. Duties to Seller: The listing firm and its agents must • promote your best interests • be loyal to you follow your lawful instructions • provide you with all material facts that could influence your decisions • use reasonable skill, care and diligence, and • account for all monies they handle for you. Once you have signed the listing agreement, the firm and its agents may not give any confidential information about you to prospective buyers or their agents without your permission so long as they represent you. But until you sign the listing agreement, you should avoid telling the listing agent anything you would not want a buyer to know. Services and Compensation: To help you sell your property, the listing firm and its agents will offer to perform a number of services for you. These may include • helping you price your property • advertising and marketing your property • giving you all required property disclosure forms for you to complete • negotiating for you the best possible price and terms a reviewing all written offers with you and • otherwise promoting your interests. For representing you and helping you sell your property, you will pay the listing firm a sales commission or fee. The listing agreement must state the amount or method for determining the commission or fee and whether you will allow the firm to share its commission with agents representing the buyer. Dual Agent You may even permit the listing firm and its agents to represent you and a buyer at the same time. This "dual agency relationship" is most likely to happen if an agent with your listing firm is working as a buyer's agent with someone who wants to purchase your property. If this occurs and you have not already agreed to a dual agency relationship in your listing agreement, your listing agent will ask you amend your listing agreement to permit the agent to act as agent for both you and the buyer. It may be difficult for a dual agent to advance the interests of both the buyer and seller. Nevertheless, a dual agent must treat buyers and sellers fairly and equally. Although the dual agent owes them the same duties, buyers and sellers can prohibit dual agents from divulging certain confidential information about them to the other party. RECEIVED DEC I 1 1014 Page 1 of 4 STANDARD FORM 160 -wIFl►JCth1 NC RFC 1/1/2009 Lumina 11, 1904 Eastwood Rd Wilmington- NC 28403 Phone: 9106207177 Fax: Gene Ingle 2 A Pelican Dr, Produced with zipForm® by zipLogix 18070 F ftsen Mlle Road. Fraser, Michigan Q026 wvns.zioLaaix.w Some firms also offer a form of dual agency called "designated agency" where one agent in the firm represents the seller and another agent represents the buyer. This option (when available) may allow each "designated agent" to more fully represent each party. If you choose the "dual agency" option, remember that since a dual agent's loyalty is divided between parties with competing interests, it is especially important that you have a clear understanding of • what your relationship is with the dual agent and • what the agent will be doing for you in the transaction. BUYERS When buying real estate, you may have several choices as to how you want a real estate firm and its agents to work with you. For example, you may want them to represent only you (as a buyer's agent). You may be willing for them to represent both you and the seller at the same time (as a dual agent). Or you may agree to let them represent only the seller (seller's agent or subagent). Some agents will offer you a choice of these services. Others may not. Buyer's Agent Duties to Buyer. If the real estate fern and its agents represent you, they must • promote your best interests • be loyal to you • follow your lawful instructions • provide you with all material facts that could influence your decisions • use reasonable skill, care and diligence, and • account for all monies they handle for you. Once you have agreed (either orally or in writing) for the firm and its agents to be your buyer's agent, they may not give any confidential information about you to sellers or their agents without your permission so long as they represent you. But until you make this agreement with your buyer's agent, you should avoid telling the agent anything you would not want a seller to know. Unwritten Agreements: To make sure that you and the real estate firm have a clear understanding of what your relationship will be and what the firm will do for you, you may want to have a written agreement. However, some firms may be willing to represent and assist you for a time as a buyer's agent without a written agreement. But if you decide to make an offer to purchase a particular property, the agent must obtain a written agency agreement before writing the offer. If you do not sign it, the agent can no longer represent and assist you and is no longer required to keep information about you confidential. Be sure to read and understand any agency agreement before you sign it. Once you sign it, the agent must give you a copy of it, Services and Compensation: Whether you have a written or unwritten agreement, a buyer's agent will perform a number of services for you. These may include helping you • find a suitable property • arrange financing • learn more about the property and • other -wise promote your best interests. If you have a written agency agreement, the agent can also help you prepare and submit a written offer to the seller. A buyer's agent can be compensated in different ways. For example, you can pay the agent out of your own pocket. Or the agent may seek compensation from the seller or listing agent first, but require you to pay if the listing agent refuses. Whatever the case, be sure your compensation arrangement with your buyer's agent is spelled out in a buyer agency agreement before you make an offer to purchase property and that you carefully read and understand the compensation provision. Dual Agent You may permit an agent or firm to represent you and the seller at the same time. This "dual agency relationship" is most likely to happen if you become interested in a property listed with your buyer's agent or the agent's firm. If this occurs and you have not already agreed to a dual agency relationship in your (written or oral) buyer agency agreement, your buyer's agent will ask you to amend the buyer agency agreement or sign a separate agreement or document permitting him or her to act as agent for both you and the seller. It may be difficult for a dual agent to advance the interests of both the buyer and seller. Nevertheless, a dual agent must Page 2 of 4 RECEIVED Produo Wh zipFarm®by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 LE� i nm DCM-MHD CITY STANDARD FORM 160 NC REC 1/1/2009 2 A Pelim Dr, treat buyers and sellers fairly and equally. Although the dual agent owes them the same duties, buyers and sellers can prohibit dual agents from divulging certain confidential information about them to the other parry. Some firms also offer a form of dual agency called "designated agency" where one agent in the firm represents the seller and another agent represents the buyer. This option (when available) may allow each "designated agent" to more fully represent each party. If you choose the "dual agency" option, remember that since a dual agent's loyalty is divided between parties with competing interests, it is especially important that you have a clear understanding of • what your relationship is with the dual agent and • what the agent will be doing for you in the transaction. This can best be accomplished by putting the agreement in writing at the earliest possible time. Seller's Agent Working With a Buyer If the real estate agent or firm that you contact does not offer buyer agency or you do not want them to act as your buyer agent, you can still work with the firm and its agents. However, they will be acting as the seller's agent (or "subagent"). The agent can still help you find and purchase property and provide many of the same services as a buyer's agent. The agent must be fair with you and provide you with any "material facts" (such as a leaky roof) about properties. But remember, the agent represents the seller - not you - and therefore must try to obtain for the seller the best possible price and terms for the seller's property. Furthermore, a seller's agent is required to give the seller any information about you (even personal, financial or confidential information) that would help the seller in the sale of his or her property. Agents must tell you in writing if they are sellers' agents before you say anything that can help the seller. But until you are sure that an agent is not a seller's agent, you should avoid saying anything you do not want a seller to know. Sellers' agents are compensated by the sellers. FOR BUYER/SELLER This is not a contract August 25, 2014 Date Intracoastal Firm Name i Inale Agent Name Disclosure of Seller Subagency Complete, if applicable) When showing you property and assisting you in the purchase of a property, the above agent and firm will represent the SELLER. For more information, see "Seller's Agent Working with a Buyer" in the brochure. Agent's Initials Acknowledging Disclosure: The North Carolina Real Estate Commission P.O. Box 17100 • Raleigh, North Carolina 27619-7100 919/875-3700 • Web Site: www.ncrec. tatemc.us RECEIVED REC 3.45 1/1/09 DEC 1 12014 Page 3 of 4 ®enn•m+No em STANDARD FORM 160 NC REC 1/1/2009 Produced with zipForm®by zipLogiz 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLooix.oam 2 A Pelican or, WORKING WITH REAL ESTATE AGENTS Agents must retain this acknowledgment for their files. This is not a contract By signing, I acknowledge that the agent named below furnished a copy of this brochure and reviewed it with me. Date Disclosure of Seller Subagency Tammy Camposanto Ratcliff B • or Seller Name (Print or Type-) Buy eller Signature August 25, 2014 Date Intracoastal Realty Firm Name Keith Beatty/Sherri Ingle Agent Name and License Number 130521 (Complete, if applicable) El When showing you property and assisting you in the purchase of a property, the above agent and firm will represent the SELLER. For more information, see "Seller's Agent Working with a Buyer" in the brochure. Buyer's Initials Acknowledging Disclosure: RECEIVED DFr1)2014 DCM-MWJ CItY Page 4 of 4 STANDARD FORM 160 NC REC 1/1/2009 Produced with zipForm®by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 4B026 www.zioLocix.com 2 A Pelican Dr, if Intracoastal EXCLUSIVE BUYER AGENCY AGREEMENT ' ` RE4L7YCO 0R4770N [Consult "Guidelines" (Form 201G) for guidance in completing this form] This EXCLUSIVE BUYER AGENCY AGREEMENT ("Agreement") is entered into (Date) August 25, 2014 between James Lloyd Ratcliff III, Tammy Camposanto Ratcliff as Buyer(s) ("Buyer'), and Intracoastal Realty ("Firm") as the Buyers exclusive agent to assist the Buyer in the acquisition of real property which may include any purchase, option and/or exchange on terms and conditions acceptable to Buyer. The individual agent who signs this Agreement on behalf of the Firm shall, on behalf of the Firm, be primarily responsible for ensuring that the Firm's duties hereunder are fulfilled; however, it is understood and agreed that other agents of the Firm may be assigned to fulfill such duties if deemed appropriate by the Firm. For purposes of this Agreement, the term "Firm," as the context may require, shall be deemed to include the individual agent who signs this Agreement and any other agents of the Firm. Buyer represents that, as of the commencement date of this Agreement, the Buyer is not a party to a buyer representation agreement with any other real estate firm. Buyer has received a copy of the "WORKING WITH REAL ESTATE AGENTS" brochure and has reviewed it with Firm. Buyer further represents that Buyer has disclosed to Firm information about any properties of the type described in paragraph 1 below that Buyer has visited at any open houses or that Buyer has been shown by any other real estate firm. 1. TYPE OF PROPERTY: ® Residential (improved and unimproved) ❑ Commercial (improved and unimproved) ❑ Other (a) General Location: Wrightsville Beach (b) Other: 2. EFFECT OF AGREEMENT. Buyer intends to acquire real property of the type described in paragraph 1. By employing Firm as Buyer's exclusive agent, Buyer agrees to conduct all negotiations for such property through Firm, and to refer to Firm all inquiries received in any form from other real estate firms, prospective sellers or any other source, during the time this Agreement is in effect. 3. DURATION OF AGENCY. Firm's authority as Buver's exclusive agent shall begin August 25, 2014 , and subject to paragraph 4, shall expire at midnight, _Deceey,6e✓ 30, 2014 or when Buyer acquires real property of the type described in paragraph 1, whichever occurs sooner. 4. COMPENSATION OF FIRM. (a) Firm acknowledges receipt of a non-refundable retainer fee in the amount of $ which ❑ shall ❑ shall not be credited toward any compensation due Firm under this Agreement. (b) Buyer agrees that Firm's fee for services hereunder shall be in the amount of Per MLS paid by seller ("Fee") (Insert dollar amount, percentage of purchase price, or other method of determining Firm's compensation for each type of property the Buyer may purchase, such as resale, new construction, land1lot and/or unrepresented seller. Do not insert N/A or a zero ($0)). (i) Firm shall seek the Fee from a cooperating listing firm (through the listing firm's offer of compensation in MLS or otherwise) or from the seller if there is no listing firm, and Buyer agrees that Firm shall be entitled to receive same in consideration for Finns services hereunder. (ii) If Buyer purchases property where the compensation offered by the listing firm and/or seller is less than the Fee, or where no compensation is offered by either the listing firm or the seller, Buyer and Firm agree that Buyer will pay the difference between the Fee and the compensation offered unless prohibited by law. Firm will timely inform Buyer if the compensation offered is less than expected. (iii) If additional compensation, incentive, bonus, rebate and/or other valuable consideration ('Additional Compensation") is offered through the MLS or otherwise, Buyer will permit the Firm to receive it in addition to the Fee. Firm shall timely disclose the promise or expectation of receiving any such Additional Compensation and confirm the disclosure in writing before Buyer makes or accepts an offer to buy. (Note: NCAR Form #770 may be used to confirm the disclosure of any such Additional Compensation) (c) The compensation shall be deemed earned under any of the following circumstances: (i) If, during the term of this Agreement, Buyer, any assignee of Buyer or any person/legal entity acting on behalf of Buyer directly or indirectly enters into an agreement to purchase, option, and/or exchange any property of the type described above regardless of the manner in which Buyer was introduced to the property; or Page 1 of ^ STANDARD FORM 201 Revised 7/2011 REAITOR® Individual agent initials Buyer initialsKMMle 1 oOPPOxTuwTr EXAMONG 07/2013 Lumina a, 1904 Fartwcod Ad Wilmington, NC 2B403 one: 910fi207177 Fax RECEIVED '--A Pelican or. Gene Ingle Produced with vpForm® by zipLogix 1807Fraser, Michigan 68026 w .zioLoeix.com DEf. t 170q.A DCM-MHD CITY (ii) If, within 7 days after expiration of this Agreement, Buyer enters into a contract to acquire property introduced to Buyer during the term of this Agreement by Firm or any third party, unless Buyer has entered into a valid buyer agency agreement with another real estate firm; or (iii) If, having entered into an enforceable contract to acquire property during the term of this Agreement, Buyer defaults under the terms of that contract. (d) The compensation will be due and payable at closing or upon Buyer's default of any purchase agreement. If Buyer defaults, the total compensation that would have been due the Firm will be due and payable immediately in cash from the Buyer. No assignment of rights in real property obtained for Buyer or any assignee of Buyer or any person/legal entity acting on behalf of Buyer pursuant to this Agreement shall operate to defeat any of Firm rights under this Agreement. NOTE: Buyer understands and acknowledges that there is the potential for a conflict of interest generated by a percentage of price based fee for representing Buyer. The amount, format or rate of real estate commission is not fixed by law, but is set by each broker individually, and may be negotiable between Buyer and Firm. 5. OTHER POTENTIAL BUYERS. Buyer understands that other prospective purchasers represented by Firm may seek property, submit offers, and contract to purchase property through Firm, including the same or similar property as Buyer seeks to purchase. Buyer acknowledges, understands and consents to such representation of other prospective purchasers by Firm through its agents. 6. FIRM'S DUTIES. During the term of this Agreement, Firm shall promote the interests of Buyer by: (a) performing the terms of this Agreement; (b) seeking property at a price and terms acceptable to Buyer; (c) presenting in a timely manner all written offers or counteroffers to and from Buyer; (d) disclosing to Buyer all material facts related to the property or concerning the transaction of which Firm has actual knowledge; and (e) accounting for in a timely manner all money and property received in which Buyer has or may have an interest. Unless otherwise provided by law or Buyer consents in writing to the release of the information, Firm shall maintain the confidentiality of all personal and financial information and other matters identified as confidential by Buyer, if that information is received from Buyer during the brokerage relationship. In satisfying these duties, Firm shall exercise ordinary care, comply with all applicable laws and regulations, and treat all prospective sellers honestly and not knowingly give them false information. In addition, Firm may show the same property to other buyers, represent other buyers, represent sellers relative to other properties, or provide assistance to a seller or prospective seller by performing ministerial acts that are not inconsistent with Firm's duties under this Agreement. Upon closing of any sale of property not entered in a listing service of which Firm is a member, Buyer authorizes Firm to submit pertinent information concerning the property, including sales price, to such listing service. 7. DISCLOSURE OF BUYER'S NAME/MAILING ADDRESS. (a) Unless otherwise stated in Paragraph 13 below, Firm has Buyer's permission to disclose Buyer's name. (b) In accordance with NC General Statutes Section 93A-12, if a dispute regarding the return or forfeiture of any earnest money deposit arises between Buyer and the seller of any real property Buyer may agree to purchase, the escrow agent holding the deposit may deposit the disputed monies with the appropriate Clerk of Court following written notice to the parties. In the event of any such dispute, Buyer directs Firm to disclose Buyer's last known mailing address to the escrow agent upon request to enable the escrow agent to comply with the notice requirement of such law. 8. NON DISCRIMINATION. THE AGENT (FIRM) SHALL CONDUCT ALL BROKERAGE ACTIVITIES IN REGARD TO THIS AGREEMENT WITHOUT RESPECT TO THE RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, HANDICAP OR FAMILIAL STATUS OF ANY PARTY OR PROSPECTIVE PARTY TO THE AGREEMENT. FURTHER, REALTORS@ HAVE AN ETHICAL DUTY TO CONDUCT SUCH ACTIVITIES WITHOUT RESPECT TO THE SEXUAL ORIENTATION OF ANY PARTY OR PROSPECTIVE PARTY TO THIS AGREEMENT. 9. BUYER'S DUTIES. Buyer shall: (a) work exclusively with Firm during the term of this Agreement; (b) pay Firm, directly or indirectly, the compensation set forth above; (c) comply with the reasonable requests of Firm to supply any pertinent financial or personal data needed to fulfill the terms of this Agreement; (d) be available for reasonable periods of time to examine properties; and (e) pay for all products and/or services required in the examination and evaluation of properties (examples: surveys, water/soil tests, title reports, property inspections, etc.). 10.OTHER PROFESSIONAL ADVICE. In addition to the services rendered to Buyer by the Firm under the terms of this Agreement, Buyer is advised to seek other professional advice in matters of law, taxation, financing, insurance, surveying, wood - destroying insect infestation, structural soundness, engineering, and other matters pertaining to any proposed transaction. Although Firm may provide Buyer the names of providers who claim to perform such services, Buyer understands that Finn cannot guarantee the quality of service or level of expertise of any such provider. Buyer agrees to pay the full amount due for all services directly to the service provider whether or not the transaction closes. Buyer also agrees to indemnify and hold Firm harmless from and against any ^Road,Fmser, STANDARD FORM 201 RECEIVED Revised 7/2011 Individual agent initials Buyer initia1 [ 112014 m 7/2013 Produced with zipForm® by zipLolp 1a06 www i oLoa'x cdlrC 2 A Pelican Dr, DrWHIIHMtl `i and all liability, claim, loss, damage, suit, or expense that Firm may incur either as a result of Buyer's selection and use of any such provider or Buyer's election not to have one or more of such services performed. ® Buyer acknowledges receipt of a sample copy of an Offer to Purchase And Contract for review purposes. ® Buyer acknowledges receipt of a copy of the brochure Questions and Answers on: Home Inspections. ® Buyer acknowledges receipt of a sample copy of a Professional Services Disclosure and Election form (form #760) for review purposes. 11. HOME WARRANTY. The seller of any property Buyer may be interested in buying may or may not provide a home warranty as a part of any sale. If the seller does not provide a home warranty, Buyer may elect to purchase one. Buyer understands that although Firm will assist Buyer in identifying available home warranty products, Buyer must refer specific questions regarding coverage afforded by any such product to the provider thereof. If Firm assists Buyer in obtaining a home warranty, a fee of n/a will be offered to Firm by the person or entity through or from which any home warranty is obtained as compensation to Firm for its assistance in obtaining the home warranty, and Buyer hereby consents to Firm's receipt of such fee. 12. CONFIDENTIALITY OF OFFERS. Real estate brokers are prohibited by N.C. Real Estate Commission rule from disclosing the price or other material terms contained in a partes offer to purchase, sell, lease, rent or option real property to a competing party without the express authority of the party making the offer. However, sellers may elect not to treat the existence, terms, or conditions of any offers Buyer may make as confidential. Additionally, sellers may elect not to disclose or authorize seller's agent to disclose the existence of any other offer(s). 13. ADDITIONAL PROVISIONS. 14. DUAL AGENCY. Buyer understands that the potential for dual agency will arise if Buyer becomes interested in viewing property listed with Firm. Finn may represent more than one party in the same transaction only with the knowledge and informed consent of all parties for whom Firm acts. (a) Disclosure of Information. In the event Firm serves as a dual agent, Buyer agrees that without permission from the party about whom the information pertains, Firm shall not disclose to the other party the following information: (1) that a party may agree to a price, terms, or any conditions of sale other than those offered; (2) the motivation of a party for engaging in the transaction, unless disclosure is otherwise required by statute or rule; and (3) any information about a party which that party has identified as confidential unless disclosure is otherwise required by statute or rule. (b) Firm's Role as Dual Agent. If Firm serves as agent for both Buyer and a seller in a transaction, Firm shall make every reasonable effort to represent Buyer and seller in a balanced and fair manner. Firm shall also make every reasonable effort to encourage and effect communication and negotiation between Buyer and seller. Buyer understands and acknowledges that: (1) Prior to the time dual agency occurs, Firm will act as Buyers exclusive agent; (2) In its separate representation of Buyer and seller, Firm may obtain information which, if disclosed, could harm the bargaining position of the party providing such information to Firm; (3) Firm is required by law to disclose to Buyer and seller any known or reasonably ascertainable material facts. Buyer agrees Firm shall not be liable to Buyer for (i) disclosing material facts required by law to be disclosed, and (ii) refusing or failing to disclose other information the law does not require to be disclosed which could harm or compromise one parry's bargaining position but could benefit the other party. (c) Buyer's Role. Should Firm become a dual agent, Buyer understands and acknowledges that: (1) Buyer has the responsibility of making Buyer's own decisions as to what terms are to be included in any purchase and sale agreement with a seller client of Firm; (2) Buyer is fully aware of and understands the implications and consequences of Firms dual agency role as expressed herein to provide balanced and fair representation of Buyer and seller and to encourage and effect communication between them rather than as an advocate or exclusive agent or representative; (3) Buyer has determined that the benefits of dual agency outweigh any disadvantages or adverse consequences; (4) Buyer may seek independent legal counsel to assist Buyer with the negotiation and preparation of a purchase and sale agreement or with any matter relating to the transaction which is the subject matter of a purchase and sale agreement. Pag of 5 RECEIVED STANDARD FORM 201 Revised 7/2011 Individual agent initials Buyer initials DEC �grt ©7/2013 Produced with zipFormW by zipl-ogiz 18070 RAL Mile Road, Fal Ichigan 48026 . '�tV 2 A Pelican Dr, Should Firm become a dual agent, Buyer waives all claims, damages, losses, expenses or liabilities, other than for violations of the North Carolina Real Estate License Law and intentional wrongful acts, arising from Firm's role as a dual agent. Buyer shall have a duty to protect Buyer's own interests and should read any purchase and sale agreement carefully to ensure that it accurately sets forth the terms which Buyer wants included in said agreement. ( Authorization (initial only ONE). uyer authorizes the Firm to act as a dual agent, representing both the Buyer and the seller, subject to the terms and conditions set forth in this Paragraph 14. Buyer desires exclusive representation at all times during this agreement and does NOT authorize Firm to act in the capacity of dual agent. If Buyer does not authorize Firm to act as a dual agent, the remainder of this paragraph shall not apply. Designated Agent Option (Initial only if applicable). uyer hereby authorizes the Finn to designate an individual agent(s) to represent the Buyer, to the exclusion of any other individual agents associated with the Firm. The individual designated agent(s) shall represent only the interests of the Buyer to the extent permitted by law. NOTE: When dual agency arises, an individual agent shall not practice designated agency and shall remain a dual agent if the individual agent has actually received confidential information concerning a seller client of the Firm in connection with the transaction or if designated agency is otherwise prohibited by law. (f) Dual Agency Compensation. If the Firm acts as a dual agent (including designated agency), the total fee the Firm expects to receive for its services in representing Buyer and the seller shall be PER MLS (Insert dollar amount, percentage of purchase price, or other method of determining Firm's compensation for each type of property such as resale, new construction andlor land/lot the Buyer may purchase.). THIS WILL IN NO WAY AFFECT OR MODIFY THE AMOUNT OF THE FEE SET FORTH IN PARAGRAPH 4 ABOVE THAT FIRM EXPECTS TO RECEIVE FOR ITS SERVICES IN REPRESENTING BUYER UNDER THIS AGREEMENT. In the event Buyer is interested in purchasing a property where the Firm's total fee is different from that described in this subparagraph (f), the Finn shall timely disclose the fee to Buyer and confirm it in writing before Buyer makes or accepts an offer to buy or sell any such property. 15. MEDIATION. If a dispute arises out of or related to this Agreement or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure. If the need for mediation arises, the parties will choose a mutually acceptable mediator and will share the cost of mediation equally. 16. ENTIRE AGREEMENT/CHANGES/TERMINATION. This Agreement constitutes the entire agreement between Buyer and Firm relating to the subject thereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Agreement. This Agreement may be signed in multiple originals or counterparts, all of which together constitute one and the same instrument. No modification of any of the terms of this Agreement shall be valid, binding upon the parties, or entitled to enforcement unless such modification has first been reduced to writing and signed by both Buyer and Firm. Buyer acknowledges and understands that this Agreement constitutes a binding contract between Buyer and Firm. Although Buyer may at any time withdraw from the fiduciary relationship existing between Buyer and Firm, the contract created by this Agreement may not be terminated by Buyer or Firm prior to its Expiration Date without legally sufficient cause. Any such termination shall be by mutually -acceptable written agreement signed by both Buyer and Firm. NOTE: Buyer should consult with Firm before visiting any resale or new homes or contacting any other real estate firm representing sellers, to avoid the possibility of confusion over the brokerage relationship and misunderstandings about liability for compensation. Page 4 of 5 RECEIVED DEC i 17n1/ D6"Hm PITY Individual agent initials Buyer initials Producetl wtlh zipForm®by zipLogix 1 70 Foa ificen Mile P4 Fraser, Mkhigen 48026 www.zioLooix.co m STANDARD FORM 201 Revised 7/2011 m 7/2013 2 A Pelican Dr, . 'Buyer and Firm each hereby acknowledge receipt of a signed copy of this Agreement. THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. MAKES NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN P SPECIFIC TRANSACTI Buyer: James Lloyd Ratcliff III Print Name Sign Lure orZ jratelijonorthstateacept Contact Information: a ace. coin Home Work Cell Email Mailing Address: 103 North Channel Drive, Wrightsville Beach, NC 28480 Buyer Contact Information Home Mailing Address: Buyer: Print Name Contact Information: Home Mailing Address: Firm: _ Intr Work Work Print Rea state Firm Name Cell Email Signature Cell Email Phone: �,/( Sd l 1ZL By: v 130521 In vidua) Agent Sig re Individual Agent License Number Keith Beatty/Sher Ingle OffrceAddress: 1900 Eastwood Road, Wilmington, NC 28403 Office Phone: (910) 620-7178 Fax:(910)509-0202 —E-mail: single@ intracoastalrealty.com RECEIVED Page 5 of 5 DEC 1 1 20N BEM-MHD CRY STANDARD FORM 201 Revised 7/2011 m 7/2013 Produc with zipFmmW t y zipLogis IW70 Fifteen Mile Road, Fraser, Michigan 48026 www.zipl wix.com 2 A Pelican Dr. Irnracloastal REALNCORPORATION PROFESSIONAL SERVICES DISCLOSURE AND ELECTION [See Guidelines (Form 760G) for instructions on completing this form] Property Address: 2 Q pelican Dr, Wrightsville Beach, RC 28480 ("Property") Buyer or Seller: James Lloyd Ratcliff III, Tammy Camposanto Ratcliff Real Estate Firm: Intracoastal Realms 1. There are professional services that typically are performed in connection with the purchase and sale of real estate. Buyer or Seller understands that Firm cannot give advice in certain matters that may relate to the purchase or sale of the Property, including but not limited to matters of law, taxation, financing, surveying, wood -destroying insect infestation, structural soundness or engineering. 2. Buyer or Seller acknowledges Firm has recommended that Buyer or Seller consult with a professional for an opinion regarding each service listed below to be performed pursuant to Buyer or Seller's purchase or sale of the Property. Regarding each such service, Buyer or Seller has either selected the service provider listed or elected not to have the service performed. Although Firm may provide Buyer or Seller the names of providers who claim to perform services in one or more of the listed areas, Buyer or Seller understands that Firm cannot guarantee the quality of service or level of expertise of any such provider. Buyer or Seller agrees to pay the full amount due for all services directly to the service provider whether or not the transaction closes. Service ------------_. A_ Accountant/CPA/Tax isor_ .. Waived itia-D Name(s) of Service Provider(s) _ __ _ -. - - _ _ _ _ _ Who _.Orders .. Appraisal ordered by bank or TBD Attomey/ride Exam/Closing / IS, L O✓ �'� t Home Inspections N Home Warranty n / /(� ` Mortgage Loan �J Is Property Insurance Radon Inspection N/A Septic Inspection ^ / !6✓ Survey (see note below) Title Insurance Well/Water Inspection n Wood Infestation tree removal t change of address �� ® North Carolina Association of REALTORS®, Inc. ^ STANDARD FORM 760 f�'� 121 r Revised 7/2013 REALrORe Individual Agent initials 4E Buyer or Seller initials49 o;;o ;�w„� RECEIVED 07/2013 Page 10 2 nFf 1 1 7n11 Lomim R. 19N asmaod Rd Wilmingron, NC 29403 Phone'. 9106207177 F. 2 A Pelican Dr, Gmc ingle Produced with ZipForme by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wenamp odMe1AM-MHD CITY 3. Buyer or Seller hereby agrees to indemnify and hold Firm harmless from and against any and all liability, claim, loss, damage, suit, or expense that Firm may incur either as a result of Buyer or Seller's selection and use of any of the listed service providers or Buyer or Seller's election not to have one or more of the listed services performed. *NOTE REGARDING SURVEYS: Situations arise all too often that could have been avoided if the buyer had obtained a new survey from a NC registered surveyor. A survey will normally reveal such things as encroachments on the Property from adjacent properties (fences, driveways, etc.); encroachments from the Property onto adjacent properties; road or utility easements crossing the Property; violations of set -back lines; lack of legal access to a public right-of-way; and indefinite or erroneous legal descriptions in previous deeds to the Property. Although title insurance companies may provide lender coverage without a new survey, the owner's policy contains an exception for easements, set -backs and other matters which would have been shown on a survey. Many such matters are not public record and would not be included in an attorney's title examination. In addition, if the buyer does not obtain their own survey, they would have no claim against a surveyor for inaccuracies in a prior survey. THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. MAKES NO REPRESENTATION AS TO THE LEGAL VAL ITY OR ADEQU CY OF PROVISION OF THIS FORM IN ANY SPECIFY ANSAC�TION. uyer or Seller Signature of individual agent James Lloyddatialiff II Intracoastal Realty duuyer o ller Real Estate Firm (print name) Tammy Camposanto Ratcliff Date: August 25, 2014 Date: August 25, 2014 RECEIVED DEC 1 1 10H DCwmHD C[IY STANDARD FORM 760 Revised 7/2013 © 7/2013 Page 2 of 2 Produced with ZipForm® by zipLogix 18070 Fifteen Mlle Faad Fraser, Michigan 48026 w ,zloLooixxom 2 A P6iu„ Dr, INTRACOASTAL REALTY CORPORATION AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE PURSUANT TO THE FEDERAL REAL ESTATE SETTLEMENT PROCEDURES ACT AND REGULATION X RESPA Notice To: Buyer(s) Pronerty: James Lloyd Ratcliff III 2 a Pelican Dr Tammy Camposanto Ratcliff Wrightsville Beach, NC 28480 From: INTRACOASTAL REALTY CORPORATION (Owner) This is to give you notice that Owner has a 9.5% ownership interest in Beacon Title Agency, LLC, which is a title insurance agency. This ownership interest ma`y ilbctuate over time. If you would like to know the current ownership interest that Owner has in this agency, please ask the representative that provided you with this disclosure. Because of this relationship, this referral may provide Owner a financial or other benefit. Set forth below is the estimated charge or range of charges by Beacon Title Agency, LLC for title insurance on the subject property. You are NOT required to use Beacon Title Agency, LLC as a condition for settlement of your loan on the subject property. OTHER SETTLEMENT SERVICE PROVIDERS WITH SIMILAR SERVICES MAY BE AVAILABLE. OTHER TITLE INSURANCE COMPANIES MAY BE AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO COMPARE PROVIDERS TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. North Carolina Amount of Insurance Estimated Charges* Up to $250,000 Up to $505 $250,000 - $500,000 $505 - $905 $500,000 - $750,000 $905 - $1,155 $750,000 - $1,000,000 $1,155 - $1,405 *Additional charges may apply for the simultaneous issuance of an certain endorsements. Owner's And Lender's Policy and/or issuance of ACKNOWLEDGEMENT Uwe have read this disclosure form. Uwe understand that Intracoastal Realty Corporation is recommending Beacon Title Agency, LLC to me/us for the above -described title service and Intracoastal Realty Corporation may receive a financial or other benefit as a result of using this serer II Form NC951-OSA Lumina 11, 1904 Eastwood Rd Wilmington, NC 28403 Phone: 9106207177 Fax: Gene Ingle Pr0duced Vvth ziPForm®Gy zlpLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 w .zioLoaix.com August 25, 2014 Date August 25, 2014 Date RECEIVED DEC 1 1 7ntr EleRn-raHR, PITY 9.23.2013 2 A Pelican Dr, INTRACOASTAL REALTY CORPORATION DISCLOSURES WITH RESPECT TO TITLE INSURANCE To: Buyet(s) Pronerty: James Lloyd Ratcliff III, 20 Pelican Dr, Wrightsville Beach, NC Tammy Camposanto Ratcliff 28480 From: INTRACOASTAL REALTY CORPORATION I. I acknowledge that I have received a copy of a Notice required by the Federal Real Estate Settlement Procedures Act and Regulation X (RESPA Notice) disclosing Intracoastal Realty's interest in a title insurance agency, Beacon Title Agency, LLC (only applicable for federally -backed mortgage loans requiring a HUD-1 Settlement Statement). II. Understanding the above: ❑x I request that my title insurance business be referred to Beacon Title Agency provided they can meet or improve upon the rate of any other carrier. If it is determined that a reissue rate, which is an advantage to me, is available only through another carrier, I wish to use that carrier. Beacon Title Agency, LLC Phone:(910) 791-8516 / (877) 791-8516 Fax: (910) 791-8759 / (866) 791-8759 Email: info@beacon-titleagency.com ❑ I do not wish to use Beacon Title Agency for my title insurance needs. ❑ I am not obtaining a mortgage loan but would like owner's coverage for the sales price. KI would like my closing attorney to be I further understand that I can contact Beacon Title Agency to obtain or provide additional information concerning title int�Wce, settlement services, and Owner's coverage. James Lloyd Ratclaff 'III 103 NortS Channel Drive, Wrightsville Beach, NC 28480 Current Mailing Address Home Phone Number/Work Phone Number Forth IL952-06B 25. 2014 Date August 25, 2014 Date Keith Beatty/Sherri Ingle Realtor RECEIVED DEC I 1 2111t,11 been-MHD Cay 9-04-2013 Lumina 11, 1904 Eastwood Rd Wilmington, NC 28403 Phone:9106207177 Fax: Gene Ingle 2 A Pelican Dr, Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 w ziol LI oy_x.com �J� ND�N� PRc _`�j NEW IwoVER uottrtr �/ •V4Y O ALNw„xnGGlE cenniv lNNI IH6s11PVEY ww wwsuun'.r u.¢Y.v Mr p 9UPEM1GgN EPOM AH aCNAl YUHVFY MApE UNCFAMYYRIM9ION. SITE Q`` G80P PigN RKONOEGM DEED WOKMPP 141N S' 0.onEofROMINEO TI NRUERENLEO, TM,ML5NA1w WT n� NRPN+FOIN NL1lPMYLE wRMG9.41d0 A4MblFU 1WRfS �qJ MYORMiYILLBgN4,IIRE.RE06TM,lOXNI.BAMY6FMM9 ...._Ll Grov..._ hnvf l.YeEfL_. I' MQ nmm nNrax`N�um V cFSTOR�s JGwGI�J �NLW WRIGHTSVILLE BEACH ems: fQ pe.fpf,i VICINITYMAP JJe1A) #,VLW PR�pose�. T � oe. coA)CPI 2y1S�'\ N .EE._ LOT 24 2-S.F.D. a N let �c C(r 7` y r[ � Q7I rT 25 308 sq. ft. 21 acres yiro%ose.ol, �w bA DECK 1-S-BRICK LEGEND: R/W - RIGHT OF WAY O IRON PIPE FOUND COMPUTED POINT FENCING UTILITY POLE @MLk/ SPOT ELEVATION.., PIS�,�• CONC RETE 2 0 v Co J�5k/ St/n LOT 26 tv�axwe. I I m PELICAN DRIVE - 7 p Y RIW NOTE: SUBJECT PROPERTY REFERENCED AT DEED BOOK 1305 PAGE 1479 AND MAP BOOK 9 PAGE 27 THIS PROPERTY IS LOCATED WITH IN A FLOOD HAZARD AREA, PER FIRM 3720316700 J, DATED 4/3/06, ZONE VE, BFE 15'. THIS SURVEY IS OF AN EXISTING PARCEL OF PROPERTY AND DOES NOT CREATE A SUBDIVISION. AREA IS COMPUTED BY COORDINATES. all SURVEY FOR Z / tin JIM & TAMMY RADCLIFF C) F 30 PELICAN DRM o LOT 25 - CHANNEL ACRES ►r Z IIRIGRTSVILLE BEACH - NEW HANOVER COUNTY - NORTH CAROLINA NO -4 NOVEMBER 6, 2014 JOB N0.0306-2014 � -- — PROGRESSIVE LAND DEVELOPMENT CONSULTANTS, PLLC SCALE 1 " = 20' 112 PALM BREEZED DRIVE CAROUNA BEACH, N" CAROUNA 29428 BRE: (910) 707-0168 6 0 4T6 40 d,MkOpMcpc.w (P-0874) w Ll