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HomeMy WebLinkAbout38-96 TX Carawan, Phillip & MelonyPermit Class TRANSFER Permit Number 38-96 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vor rt, mtt for %; EIVEa COpY JAN 2 2014 X Major Development in an Area of Environm rpncern pursuant to NCGS 113A-118 ".clyrr X Excavation and/or filling pursuant to NCGS 113-229 Issued to Phillip and Melony Carawan, 508 North Road Street, PO Box 164, Columbia, NC 27925 Authorizing development in Tyrrell County at Albemarle Sound near Columbia off of SR , as requested in the permittee's letter dated 12/3/13 This permit, issued on Tamial�E 11, 2014 , 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 uc �UVJUVL to rmcN, uuPrrsaimrem or crvtt action, or may cause me permit to De nuti ana vota. 1) This transfer shall be attached to copies of the following attached permit documents, which includes all application forms and workplan drawings: a. Pen -nit 38-96, issued to Warren Woodard on 3/15/96 and Transferred to Lilias J. Morrison and Jennifer Frost on 4/12/04 b. The renewals issued on 12/21/99, 12/18/01, and 1/9/07 c. The minor modifications issued 9/10/97 and10/7/98 2) Copies of all referenced documents shall be readily available on site when a Division representative inspects the project for compliance. In accepting this transfer, the new premittee agrees that all conditions and stipulations of the active permit remain in force. This permit action may be appealed by the pemrinee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2016 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. C raxton C. Davi-s, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Permit Number 38-96 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission it 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 d to Phillip and Melony Carawan, 508 North, Road Street, PO Box 164, Columbia, NC 27925 orizing development in Tyrrell County at Albemarle Sound near Columbia off of SR , as requested in the permittee's letter dated 12/3/13 This -permit, issued on January 13, 2014 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 lie subject to fines, imprisonment or civil action; or may cause the permit to be null and void. This transfer shall be attached to copies of the following attached permit documents, which includes all application forms and. workplan drawings: a. Permit 38-96, issued to Warren Woodard on 3/15/96 and Transferred to LiliasT Morrison and Jennifer Frost on 4/12/04 b. The renewals issued on 12/21/99, 12/18/01, and 1/9/07 c. The minor modifications issued 9/10/97 and10/7/98 Copies of all referenced documents shall be readily available on site when a Division representative inspects the project for compliance. In accepting this transfer, the new premittee agrees that all conditions and stipulations of the active permit remain in force. ut action may be appealed by the permittee or ed persons within twenty (20) days of the issuing peal requires resolution prior to work initiation or as the case may be. xmit must be accessible on -site to Department when the project is inspected for compliance. maintenance work or project modification not covered der requires farther Division approval. 11 work must cease when the permit expires on lecember 31, 2016 this permit, the State of North Carolina agrees ect is consistent with the North Carolina Coastal Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. r -C—Braxton C. Davi-s, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary 6�0ly��'�? MEMORANDUM TO: Doug Huggett, Major Permits Coordinator, Division of Coastal Management (DCM) THROUGH: David�Mpo}yye, District Manager, Washington Regional Office, DCM�> FROM: Kimberly Hedrick, Compliance and Enforcement Representative, Washington Regional Office, DCM lt6C;1VED DATE: 10 December 2013 PFC 18 2013 SUBJECT: Request transfer of Major CAMA Permit No. 38-96, Tyrrell County Major CAMA Permit No. 38-96 was issued to Mr. Warren Woodard on 15 March WgNhe excavation of a canal and basin and the construction of a boat ramp and associated docks located at the end of Woodard Road off Deweys Pier Road (SR 1219) on the Albemarle Sound, near Columbia in Tyrrell County, North Carolina. All of the permitted activity has been conducted, and a maintenance excavation clause was added to the permit on 18 December 2001. The permit was transferred to Lilias J. Morrison and Jennifer Frost on 12 April 2004. The 3rd renewal, maintenance 5 of this permit is active with an expiration date of 31 December 2016, due to Session Law 2010-177, The most recent maintenance excavation was conducted at the end of January 2011 within the Albemarle Sound canal entrance and basin entrance, where shoaling is a common problem in this area. The basin is commonly used every year by blue crab fisherman during Spring and Summer. The property was recently sold by Ms. Morrison and Ms. Frost to GSM Properties, LLC, whom never requested a permit transfer. GSM Properties, LLC, is selling the property to Mr. and Mrs. Phillip R. and Melony S. Carawan, whom also own Captain Neill's Seaf000d in downtown Columbia, and intend to maintain the Woodard's Marina site in support of their wholesale blue crab business. The Carawan's are requesting transfer of Major CAMA Permit No. 38-96 under their names based upon the attached offer to purchase and contract from GSM Properties, LLC. Staff recommends transfer of the permit to Phillip R. and Melony S. Carawan, in accordance with 15A NCAC 07J.0406, with conditions that work shall not take place until closing and further development of the property other than maintenance excavation of the previously permitted activities will require permit modification. Check No. 8310 covering the $100 cost of the transfer has been deposited into the Department's account. If you have any questions, please call me at (252)948-3936. ATTACHMENTS 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-64811 FAX: 252-948-0478 Internet: www.ncooastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer DEC 0 5 2013, December 3, 2013 NC Department of Environmental and Natural Resources 943 Washington Square Mall Washington, NC 27889 RE: Permit 38-96 Attention: Director of the Division of Coastal Management Active permit 38-96 is currently in the name of Lilias J. Morrison & Jennifer Frost who purchased this property from Warren Woodard. Recently this property was purchased from Lilias J. Morrison & Jennifer Frost by GSM Properties and sold to myself, Phillip Carawan. As the current property owner, I am requesting permit 38-96 be transferred into the name Phillip Carawan & Melony Carawan. The marina project has been completed and operation will continue in similar use. Attached you should find a copy of the purchase contract as well a check for transfer fees in the amount of $100.00. Please contact my assistant Beverly Garrett 252-916-9450 with any questions or if you need any additional information. Thank you for your attention to this matter. Sincerely, Phillip Carawan RECUM DEC 18 2013 OFFER TO PURCHASE AND CONTRACT Phillip R. Carawan and wife, Melony S. Carawan as Buyer, hereby offerstoputchaseand GSM Properties, LLC as Seller, upon acceptance of said offer, agrees to sell and convey, all of that plot, piece or parcel of land described below, together with all improvements located thereon and such fixtures and personal property as are listed below (collectively rc€:-cd to as the 'T pe-ty upon the following terms and conditions: 1. REAL PROPERTY: Located in the City of , Countyof Tyrrell State of North Carolina, being known as and more particularly described as: Street Address I Deese `s Pier Rd, and Woodard Rd. Zip 27925 Legal Description: 16Z� acre tract Map Cabinet C. Slide 114 (0A1l(h portion of the property in Deed Reference: Book 23.2 Page No. 90 Tyrrell County-) NOTE: Prior to signing this Offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants, if any, which may li:rit the use of the Property, and to read the Declaration of Restrictive Covenants, By -Laws, Articles of Incorporation, Rules and Regulations; and other governing documents of the owners' association and/or the subdivision, if applicable. Z. FIXTURES: The following items, if any, are included in the purchase price free of liens: ary bui'.t4r. appliaroes, Iialrt f Ytures, .•+ding fans, atFee:lted floor coverings, blinds, shades, diapery rods and curtain rods, brackets and all --I hardware, window and �. _I Sc;i eCP.Y, 9tVrm 'N:ndGSi'a, Ctic:llJ;nIIti^n d:,rrs, nwvngs, srte;.ras, satellite dishes and receivers, burg:a-":rJsmoke alarms, Poo! zrd =pa egmpmert, solar a :^_S;, systems, airachro fro ;sce scr is s, Ps {ogs, fr_p�lact insects, electric a.szae door openers *w;7h conivei _ ,doer pis! : and trees t : t : roan n .;lc ran:einv;v?; na,�rc-�.,.,ii ga , s -- :neck, maiinns�_c, •.,air � n - anv other items attached or affixed to the Property; EXCEPT the followin;? :ems vq+ti'}rnNR-L9n �ry,e.n.._�.._ _. ' r,::. i:::^xL' 11 �: ,. ..- q•/.+ LR C i•,o$ BlM Tic g.ttzhase e cc ;2 e 5 r .`) f,• _rn (a) $ , LARNF,9T MONRY T)PPOSiT write this offer by Q cash 0 personal chaos 1„u,'; 0he._:lc n ,,---.: ❑� _tee::I. ; he 1-nr4:.d? a.., c.... eaCrnw by __..__.—_.—_._"N?rrpw A_Pr,,r.}°1 y?ttlt }lte. aatp is rlpced• o} w_lch time it will be c_redtted to Bwcr, or until this contract is eihervrise terminated. In the event 0 ) Vais of%•.e= is not accepted: ar or the cond::i., z hcreM ure not sa sric ,the.- r..l a,.. , ., pole; shall ❑e re-,r,a. .o .. - -. .- ..,:-va-t.-:: contract�bv Seller, upon Buyer's request, ali earnest monies shall be returned to Buyer, but such rea1rt1 shall nct afrp• t any ofer rer,rcdies avatuable to Buyer £oi such breach. In, the event this offer is accepted and Buyer breaches �hls contract, then ali eamcst monies shall be forfeited upon Seliees, request but receipt of such forfeited eamnt monies shall r�'. sftrot any other rwnedie: available to Seller for such breach. NOTE! In the event of a dispute between Seller and Buyer over the retain or for`:,;mzr,a of ea -,es; :_:,nay held in es. .ow it a broker, the broker is required by state law to retain said earnest money in the brokers trust or ascrow account until a written release from the pa-t;.e< consenting to its disp.^,sit-1= has beca obtained or until. disbursement is o.-dered by a court of eempetent iurisdicdor i l $ — ADD]TIONAT_ FARNTST le[O1.4BY D —PP0 2-77 to bm paid to escrow Agent no':titer tbin fie) S , BY ASSTIMPTION of the unpaid minripal balance and all •,bligations of Srii.-•• n.;, ib C.-dLti T 9 e...,..: lb uCe_ ...,... on ..._ F, �P.Y t LV..VrhaL .. S. ua� t:,, ,a-. nod .,.,m: -.-: td; S BY SELLER M14ANCTNG in accordance wft'ea the. stta*,: i Seller Financing. Addendum. r r n non n n t3i1.r., �,l:_:..,_C in c._.., a...,a.:ink 5. CONDITIONS_ (State NIA in each blank fnat is not a condition to this contract; (a) Buyer must be able to obtain a 0 FHA ❑ VA (attach FHA/VA Financing Addendum) - t+Y Conventiopal U Other: loan at a M Fixed Rate ❑ Adjustable Razz e7 the principal amount rf 250, 000 .00 f^ (plus any financed VA Funding Fee or FHA b�) for a term of f yea-(s), at an initial interest rate not to exceed _ .1R._% per annum, with mortgage loan discount points not to exceed 'i6 of the loan amount. Buyer shall apply for said lcs i within days of the E feet;ve Datc cf this crmtract. Buyer shad; use Buyer's best effbrts to secure the lender's customary loan commirment letter on or before n! 1.1 _ and to satisfy all ter :.s and conditions of the loan comraitmeaL letter by Closing. After the above letter date, Seller may request in writing from Buyst a cony of the loan commitment letter. If Bnyer fails to provide Seller a copy of the pan commtment letter or a ^•dtten v; aiver of �' • --._.._ e 7 of A c...-,...., Page NC Bar Association Form No. 2 Q 1995, 2001 This Standard Form has been approved jointly by the: Printed by Agreement with the NC Bar Association - 1981 North Cetrtine Bar Associatior -NC ar P��ii��* -,,,,,,n� Janes Vdil'.iams & Co., Inc. wnrN--jafftes-�:lliurts.cem North Carolina Association of Realtors(5, Ire. - Stands .'Fo,-tS','S�k!?RO DEC 13 2013 DC.4IMoC rY this loan condition within five days of receipt of Seller's request, Seller may terminate this contract by written notice to Buyer at any time thereafter, provided Seller has not then received a copy of the letter or the waiver. (b) There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the Property for IV4A purposes. (c) The Property must be in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. (d) All deeds of trust, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (e) Title must be delivered at closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple marketable and insurable title, free of all encumbrances except: ad valorem taxes for the current year (prorated through the date of Closing); utility easements and unvielated restrictive covenants that do not materially affect the value of the Property; and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public right of way. 6. SPECIAL ASSESSMENTS: Seller warrants that there are no pending or confirmed governmental special assessments for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' association special assessments, except as follows: 6L(/t (Insert 'None" or the identification of such assessments, if any.) Seller shall pay all owners' association assessments and all governmental assessments confirmed through the time of Closing, if any, and Buyer shall take title subject to all pending assessments, if any, unless otherwise agreed as follows: N�/Y 7. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the parties or paid at Closing: (a) Ad valorem taxes on'real property shall be prorated on a' calendar year basis through the date of Closing; (b) Ad valorem taxes on personal property for the entire year shall be paid by the Seller unless the personal property is conveyed to the Buyer, in which case, the personal property taxes shall be prorated on a calendar year basis through the date of Closing; (c) All late listing penalties, if any, shall be paid by Seller; (d) Rents, if any, for the Property shall be prorated through the date of Closing; (e) Owners' association dues and other like charges shall be prorated through the date of Closing. Seller represents that the regular owners' association dues, if any, are $ N/A per 8. CLOSING EXPENSES: Buyer shall be responsible for all costs with respect to any loan obtained by Buyer. Buyer shall pay for recording the deed and for preparation and recording of all instruments required to secure the balance of the purchase price unpaid at Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this agreernenk and for excise tax (revenue stamps) required by law. If Seller is to pay any of Buyer's expenses associated with the purchase of the Property, the amount thereof shall be $ NIA- , including any FHAAA lender and inspection costs that Buyer is not permitted to pay, but excluding any portion disapproved by Buyer's lender, 9, FUEL: Buyer agrees to purchase from Seller the fuel, if any; situated in any tank on the Property at ;i.n prevailing rate with the cost of measurement thereo ; if any, being paid -by Seller. 10. EVIDENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date of this contract, 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 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 an: and attorneys. 11. LABOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor and materials, if any, furnished to the Property within 120 days prior to the drdc ,: Closing have keen paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. 12. PROPERTY DISCLOSURE AND INSPECTIONS: (a) Property Disclosure: Q Buyer has received a signed copy of the N.C. Residential Property Disclosure Statement prior to the signing of this Offer to Purchase and Contract. ❑ Buyer has NOT received a signed copy of the N.C. Residential Property Disclosure Statement prior to the signing of this Offer to Purchase and Contract and shall have the right to terminate or withdraw this contract without penalty prior to WFUCHEVER OF THE FOLLOWING EVENTS OCCLIRS 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) Closing or occupancy by the Buyer in the case of�(a�sale or exchange. Buyer Initials: L.�� Seller Initials: Page 2 of 4 NC Bar Association Form No. 2 © 1995, 2002 This Standard Form has been approved jointly by the: Printed by Agreement with the NC Bar Association — 1981 North Carolina Bar Association —NC Bar Form No. 2 James Williams & Co., Inc. www.jameswilliams.com North Carolina Association of Realtors&, Inc. — Standard Form No. 301 ❑ Exempt from N.C. Residential Property Disclosure Statement because (SEE GUIDELINES) O The Property is residential and was built prior to 1978. (Attach Lead -Based Paint or Lead -Based Paint Hazards Disclosure Addendum.) (b) Property Inspection: Unless otherwise stated herein, Buyer shall have the option of inspecting, or obtaining at Buyer's expense inspections, to determine the condition of the Property. Unless otherwise stated herein, it is a condition of this contract that: (i) the built-in appliances, electrical system, plumbing system, heating and cooling systems, roof coverings (including flashir.and gutters), doors and windows, exterior surfaces, structural components (including foundations, colurtms, chimneys, floors, walls, ceilings and roofs), porches and decks, fireplaces and flues, crawl space and attic ventilation systems (if any), water and sewer systems (public and private), shall be performing the function for which intended and shall not be in need of immediate repair; (iii) there shall be no unusual drainage conditions or evidence of excessive moisture adversely affecting the structure(s) and (iii) there shall be no friable asbestos or existing environmental contamination. Any inspections shall be comp!r:rd and written notice of necessary repairs shall be given to Seller on or before A(14- . Seller shall provide written notice to Buyer of Seller's response within days of Buyer's notice. Buyer is advised to have any nsoe-cti4ns made. nrinr to (c) Wood -Destroying Insects: Unless otherwise stated herein, Buyer shall have the option of obtaining, at Buyer's expense, a report from a licensed pest control operator on a standard foam in accordance with the regulations of the North Carolina Structural Pest Control Committee, stating that as to all structures except N!/{' , there was no visible evidence of wood -destroying insects and containing no indication of visible damage therefrom The report must be obtained in sufficient time so as to permit treatment, if any, and repairs, if any. to be completed prior to Closing, All treatment required shall be paid for by Seller and completed prior to Closing, unless otherwise agreed upon in writing by the parties. 1ee caused by a¢ents or or¢amsms other than wood-destroyllt g insects. If new construction, Seller shall provide a standard warranty of termite soil treatment. (d) Repairs: Pursuant to any inspections in (b) and/or (c) above, if any repairs are necessary, Seller shall have the option of completing them or refusing to complete them. If Seller elects not to complete the repairs, then Buyer shall have the option of accepting the Property in its present condition or terminating this contract, in which case all earnest monies shall be refunded. Unless otherwise stated herein, any items not covered by (b) (i), b (ii), b Chi) and (c) above are excluded from repair negotiations under this contract (e) Acceptance: CLOSING A CONSTMTE ACCEPTANCE OF EACH OF THE $YSTEMS. ITEM, AND CONDITIONS LISTED ABOVE IN ITS THEN EXISTING ONDITION c PROVISION I OTHER A D MADE IN WRITING. 13. REASONABLE ACCESS: Seller will provide reasonable access to the Property (including working, existing utilities) through the earlier of Closing or possession by Buyer, to Buyer or Buyet's representatives for the purposes of'nilpraisal, inspection, and/or evaluation. Buyer may conduct a walk-tbrougb inspection of the Property prior to Closing. 14. CLOSING: Closing shall be defined as the date and time of recording of the deed. All narties a ye to execut{e any and all documents and papers necessary in connection with Closing and transfer of tide on or before Se e: a COL at a place designated by Buyer. ThedeedistobemadetoPhillip R. Carawan and Me onyS. Cara 15. POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing. In the event possession is NOT to be delivered at Closing: O a Buyer Possession Before Closing Agreement is attached. OR, ❑ a Seller Possession After Closing Agreement is attached. 16. OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO.) �?,L cxitrO�,Yied . 17. RISK OF LOSS: The risk of loss or damage by fie 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 dclivcrcj to Seller or Seller's agent and all deposits shall be returned to Buyer. In the event Buyer does NOT elect to temti natr, this contract, Buyer shall be entitled to receive, in addition to the Property, any of the Seller's insurance proceeds payable ot; account of the damage or destruction applicable to the Property being purchased. 18. ASSIGNMENT& This contract may not be assigned without the written consent of all parties, but if assigned by agreement, then this contract shall be binding on the assignee and his heirs and successors. 19. PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties, i.e., Buyer and Seller and their heirs, uccessors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. Buyer tnitialsl r Seller Initials: Page 3 of 4 DEC 8NC Bar Association Form No. 2 ® 1995, 2002 This Standard Form has been approved jointly by the - Printed by Agreement with the NC Bar Association — 1981 North Carolina Bar Association-- NC orm No. 2 James Williams & Co., Inc. www.jameswilliams.com North Carolina Association of Realtors®, Inc. — Standard of 3 i 20. 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. 21. ENTIRE AGREEMENT: This contract contains the entire agreement of the patties 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 REALTORO or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. 22. NOTICE AND EXECUTION: Any notice or communication to be given to a party herein may be given to the party or to such parry's agent. This offer shall become a binding contract (the "Effective Date") when signed by both Buyer and Selicr and such signing is communicated to the offering party. This contract is executed under seal in signed multiple originals, all of which together constitute one and the same instrument, with a signed original being retained by each party and each REALTOR® or broker hereto, and the parties adopt the word "SEAL" beside their signatures below. Buyer acknowledges having made an on -site personal examination of the Property prior to the making of this offer: THE NORTH CAROLINA ASSOCIATION OF REALTORSO, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT LIe)ES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. Date: % `1 b0 fDate: Buyer 11 (SEAL) Seller (SEAL) Date: U J% /1 3 Date: Buyer Ufl, an_ �0A o (SEAL) Seller (SEr1L) Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with the terms hereof. Date: (Signature) Selling Agent/FinuTbone Acting as 0 Buyer's Agent ❑ Seller's (sub)Agent ❑ Dual Listing Acting as ❑ Seller's (sub) Agent ❑ Dual Agent Page 4 of 4 NC Bar Association Form No. 2 m 1995, 2002 This Standard Form has been approved jointly by the: Printed by Agreement with the NC Bar Association— 1981 North Carolina Bar Association —NC Bar Form No. 2 James Williams & Co., Inc. www.jameswilliams.com North Carolina Association of Realtors®, Inc. —Standard Form No. ni ADDENDUM TO OFFER TO PURCHASE AND CONTRACT BETWEEN GSM PROPERTIES, LLC to PHILLIP R. CARAWAN AND WIFE, MELONY S. CARAWAN Additional Terns: 1. It is agreed and understood that the subject property and other property ouened by Seller, commonly known as the Davenport Farm, are subject to a common deed of trust in favor of AgCarolina Financial. It is agreed that this closing is contingent upon the sale of the Davenport Farm or satisfactory release of the subject property by the existing lien holder. Tl -'s closing shall occur simultaneously with the closing of the Davenport Farm, or if the Seller is ahle to obtain satisfactory release of the subject property. 2. It is agreed and understood that Seller is currently indebted to Buyer for $l " ' "f), as evidenced by a promissory note dated August 9, 2013. It is agreed Buyer shall receive the slip rentals on the property prior to closing. In exchange, no interest shall be charged on the promissory note from Seller to Buyer. Seller may demand payment of the promissory note upon 15 days notice, provided that said demand shall void this contract between Seller and Buyer. t RECEIVED DEC 18 2013 Proj1ectName _ UUftffe� I�/becCGrd r5 *� g�f� Prepare for signature following review by other Assistant Major Permits Coordinator Date draft permit given to other Assistant Major Permits Coordinator Date reviewed by other Assistant Major Permits Coordinator Prepare draft for review by Major Permits Coordinator Date draft permit given to Major Permits Coordinator Date reviewed by other Major Permits Coordinator Other Written approval from DWQ is/is not required for this project. �IL� NCDEWR North Carolina Department of Environment and�Natural Resources Division of Coastal Management Pat McCrory Governor Phillip & Melony Carawan P.O. Box 164 Columbia, N.C. 27925 Dear Sir or Madam: Braxton C. Davis Director January 13, 2014 John E. Skvarla, III 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 compliancy. 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 if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. ` V 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. Sincerely, Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Ave., Morehead City, NC 28557 �f Phone: 252-808-28081 FAX: 252-2473330 Internet: www.nccoastalmanagement.net An Equal opportunity lAtfirmative Action Employer IDCMCoordinator: -&2L, '- ' Permit#: S�—Y& %MAILING DISTRIBUTION SHEET Permitce: �/n "//, Q '�- f/vlJ ,,,, 1DCM Field Offices Elizabeth City Morehead City Washington Wilmington US ACOE Offices: Washington: Wilmngton: Cultural Resources: Public Water Supply: NC DOT: Shellfish Sanitation: State Property: Water Resources: Washington: Wilmington: Wildlife Resources: LPO: (with revised work plan drawings) Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Dave Timpy Renee Gledhill -Early or (environmental.review@ncdcr.gov) Debra Benoy (WIRO) Joey White (WARO) Ken Pace Patti Fowler Tim Walton Karen Higgins (Raleigh) John Hennessy (NC DOT) / Anthony Scarborough Joanne Steenhuis — 401 Chad Coburn - 401 Linda Lewis - Stormwater Maria Dunn (WARO) Fax Distribution: Permitee #: Agent #:_ Moye, David From: Moye, David Sent: Friday, January 24, 2014 9:11 AM RECEIVED To: Rcarawan76@Yahoo.com' Cc: Howell, Jonathan; Hedrick, Kim; Spivey, Kelly Subject: Maintenance dreging at Woodard's Marina rFEB 0 4 2014 Tara, " DCM.MHDCpfp This email is in response to your 24 January 2014 correspondence requesting authorization to undertake maintenance excavation under CAMA Major Permit No. 38-96 issued to Phillip and Melony Carawan onsite their property at Woodard's Marina located off SR 1219 on a manmade basin and canal adjacent the Albemarle Sound in Tyrrell County. 1 have reviewed your submitted requested and it appears to be in compliance with the requested information required by the maintenance clause in your permit. All conditions of your permit including subsequent modifications remain in force and should be adhered to. In particular; 1) Excavation shall not exceed -6 feet below the elevation of Normal Water level. 2) Prior to maintenance excavation of the canal and basin, a silt curtain shall be installed at the downstream end of the canal and maintained throughout the project. 3) No excavated material will be placed at any time in any vegetated wetlands or surrounding waters. 4) All excavated materials shall be confined to highground. 5) Excavation shall not take place between February 15 and September 30 without prior approval of the Division of Coastal Management, in consultation with the Fishery Resource Specialist. 6) The expiration date of this permit is 31 December 2016. Let me know if I can provide additional information. Please have your contractor contact me prior to beginning work so that I can go over the conditions of the permit with him/her. Thank you. David David W. Moye (david.moveancdenr.gov) District Manager and Express Permit Coordinator Division of Coastal Management - NCDENR direct line (252) 948-3852 office number (252) 946-6481 fax (252) 948-0478 Please visit www.nccoastalmanagement.net to subscribe to Coastal Management's quarterly newsletter, the CAMAgram. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. RECETVJM FEB 04 M4 DCl4t=mm C" DCM Phillip R Carawan JAN 2 4 2014 PO Box 164 , , ':.(0 Columbia, NC 27925 252-796-0795 ext 23 Mr. David Moye NC Division of Coastal Management Washington Square Mall Washington, NC 27889 January 21, 2014 RE: Woodard Marina Tract CAMA Major 38-96, Maintenance Attn: Phillip R Carawan Maintenance Excavation Mr. Moye, The reason for this letter is to sufficiently address the "Maintenance Clause" requirements for the above referenced permit. The reason for the planned dredging is to maintain the prior permitting water depths connected with an existing man-made boat basin and channel connected to the Albemarle Sound so that there is reliable and safe ingress and egress of boats. Every year there is a buildup of sediment in the basin but mainly in the canal leading from the Albemarle Sound to the basin. This is an acknowledged problem by prior property owners as well as fisherman who attempt to use the basin for boat dock during the commercial fishing season. On January 20, 2014, Phillip Carawan collected the water depths in the basin as well as in the canal leading from the Albemarle Sound into the basin based on NWL conditions. There is a considerable amount of wind tide, with maximum low tides being around 2 ft lower than normal. The areas that need to be dredged have been identified and it has been estimated that 3334 cu yards of material is to be removed. The maintenance excavation work will be performed by the use of a land based excavator using a clamshell bucket or a barge type mounted excavator with a clamshell bucket. The barge mounted excavator has sides on the back of the barge where the dig material will be placed until put on spill area adjacent to basin on the North East side of the basin. If the excavation is from land the full buckets will be loaded on a dump truck where it will be hauled to higher land on the property. If needed timber mats may be used to reach the outer maintenance excavation area in shallow water areas. There are no dimensional changes associated with this maintenance excavation. Please provide a statement that this proposed work meets your requirements, and if you need anything else prior to authorization please contact Tara Foreman, 252-796-7278 or tcarawan76@yahoo.com . I appreciate your help with this project as we are trying to get this accomplished by the February 15 deadline. Sincerely, Phillip R Carawan PECEn'ED �. FEB o 1 ^!4 DclrMttv(try Jp 1- 1 LOCR-C,l!� - -- , S I � � UJ09pS 4 CM ti Jl�t -'VtrNO _ 1 Z N . N 24 2014 19rI ARO LD( �P I �o0 .. Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: Kevin Hart, DCM Field Representative FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Phillip Carawan Moratorium Extension 2016 DATE: 2/19/15 VJ PAT MCCRORY DONALD R. VAN DER VAART . Cm"); BRAXTON DAVIS A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the request for moratorium relief. Mr. Carawan has requested a 14 day extension for permit 38-96 for the maintenance excavation of his access channel claiming inclement weather has kept the work from being completed before the Feb 15 moratorium start date. DCM fisheries grants the work extension until February 26th. Work should be completed by this date as NCDMF surveys are currently finding river herring in the Albemarle/Chowan area and the commercial fishing season for American and Hickory Shad begins on March 1, 2016. Contact Shane Staples at (252) 948-3950 or shane.staplesOncdenr.gov with further questions or concerns. Nothing Compares?, Stele ofNonh Carolina I Environmental Quality l Coastal Management Address 1 I Address 2 1 City, State ZIP 0000000000 T