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HomeMy WebLinkAbout68-14 Sandifer, RobinPermit Class NEW Permit Number 68-14 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and 1 • L +. 3a s L il 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 Robin Sandifer, 3737 Windy Point Raod, Supply NC 28462 Authorizing development in Brunswick County at a man-made canal of the AIWW. 133 Swordfish Drive Harbor Acres S/D, Holden Beach, as requested in the permittee's application dated 6/4/14 including the att'd worknlan drawings (2) 1 dtd rec'd in the Morehead City office on 6/11/14 and 1 dtd 4/27/14 This permit, issued on August 1. 21114 , 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. Bulkhead 1) The alignment of the permitted bulkhead shall be staked by the permittee and approved on site by a Division of Coastal Management representative prior to initiation of construction. 2) The bulkhead shall be constructed prior to any backfilling activities. 3) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 4) The bulkhead shall be structurally tight so as to prevent seepage of backftll materials through the structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing -date. 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. I All work must cease when the permit expires on December 31, 2017 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. ,a"// 111,1"""le �Br C. Davis, Director ision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Robin Sandifer Permit #68-14 Page 2 of 2 ADDITIONAL. CONDITIONS 5) 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. 6) All backfill material shall be clean and free of any pollutants except in trace quantities. Sedimentation and Erosion Control 7) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 8) 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 9) 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 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. 10) No wetlands shall be excavated or filled, even temporarily, outside of the area indicated on the attached workplan drawings. 11) 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. 12) . 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 pemuttee'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. NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 14-0625. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW 2014-00661, which was issued on 7/23/14. Ai�9�fP � APPII®ATION 1®r Maier Development Permit (fast reVJs®d IPJ27l06) North Car0roa DIVISION OF COASTAL. MANAGEMENT Business Name , APP1ICant7: fgmt Name F,�- SUeetA ss(Nd8 PmJect Narne Qf applimw) MI Last Name' SAOb I FE2 MI tsstWame _ i(sj viAb names hhtsd. PO Box (yty T i26 Ph" rft FAX No. Qb grate State (.14 ZIP _--'^�GIYnpYCM1 <Foem conttnuas bREC k MM RECEIVED zs2.soa{..z6o:3 ,: �-s6a.a:<cnn�•r ,: DCM WILMINGTON, NC 9MN"��®14tm�nagcment JUN 0 4 2.ui4 DCM-MHDCITY F01M DOM MP- I (Page 2 of 4) APPLICATION for Major Development Permit 60 AV, V, a.ib Ownty (can be w4uple) 51reelAddrese ..... ..... 133 5 state Rd.# ofab Fisei QRIve SuWMsbn Name -HA9&R ACRIE-5 Cftft awe zip HotzecAj BEACH Phone No. Lot Wis) jYmally, Attach add*ndA" with I" ext. A. In which NO river basin is the projeci locatw? b. Name of body of water nearest to proposed prefect L. rfMr31 . MA{0 MA -be CAPI-tL- a. Is the water body Identified in (b) above, natural or manmads? ONAt" Whianinade []Unit d. N sins, the otosast major water body to he popsed preyed site. QM Al W W a. 8 pfoposed work within city limits Of P18MIAR9 Jurlsillotion? eye; �W��nlngTwi;dlo—Von if —appli0able. is, I Or city Ilmill the proposed Mo work fame within, -Hocteti 136Acm xk b. Size of entire tract (oil,ft.) IBM of s A. Total length horeline on the tract (N.) 49.90 N.991 C. Size of Axlly 4, d- ApPrWmate elevation of tracta6va �NHW?nonmfho mr6WO—r many lot Sizes, PlAsse, attach addillonalpago with a ItsQ NWIL(normalwaferfaveg 3.1 *HW of LJNWL 0. Vegelation on tract GOA5.5, Tpecs COASTelt- tJ 6:-rLA tJ6 S T Ma—nmad* fealur—es end arcs nowon Iraot 0 046 g. identity antl describe the exlsdng lend uses adlecent to the proposed project eNo. 54A&M FArIlOf RC-SjbSk How kx�alqovmmem�,oe h. the trad�?�t ls;;: proposed project c<msl$twt with the applicable zoning? kIhiCtMAL 9-1 (Low bejSITY) (Aftaoh zoning compliance cerl"Icate, 0 Applicable) ljtYes QNo [JNA the 1)(013088d activity part of an urban waterfront f6dovelopment proposal? 0yes No IL Has a orfim—m WOfml0n&l 8rcha60101110al Assessment been done for the tract? if yet,, Attach a copy, LIYOS No A 7 If M by whom? JUN I I JUN71 I I. 14 the Proposed Project located In a National HegistoreO Historic, District or does It Involve a Mee Of. National MOW listed or el�Oble property? NO A nr"'ru DCYeM4 0orrn continues on next pages 2014 lcny RECEIVED M WILMING-f ON, NO LO Form DOM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. m Are there welfarrds on the she? as []No M Are there coastal wetlands on the site? ❑Yes *0 (fit) N yes to either (1) or (0) above, has a deltneatlon been conduoted? ❑Yes tJo (Altsch documentation, It available) n. Describe e:dstlng wastewater treatment facildtes. SAO(-TA9%( 515W69 SYSTEM o. Dewlbeexisting drhddngWelter supply sourca. PtABLIL WATER SYSTEM P. Desaft wdsliag storm water management of treatment systems. tl or)(; 11dh d y " { t yr r t4' tine i s ,'j r.a`.lf. -a, {, `s! s. Will the protect be for ogilmerolal, PUM, orprlValo use? .9011 rrbmmerdal pu0110(awemment PAIVATt: Wftlelcommunky U. ONe a brlof descdptlon of ptupoae, use, end daYy operations of the project when oompiela Cot- TQucTivJ OF 84AWHISAb To PRCOGOT CSR6416AJ PL,4ecm )r of FILL MAT04)AL To ,LEVEL TRAc,T c. DmAbe the proposed construction methodology, types of conebuotkn equipment to be used during cons tntc [on, the number of each type of equipment and where It Is to be stored. MINI EtcGAVATOR HAtJb Toot-S d. List all development activities you propose. see ITEn D e. Are the proposed activities maintenance of an e*Ong project, new vlork, or both? t4fo woAk L What Is the approtdrnete tWpl bJrr and area resulting from The proposed projeo(? ^ i o - ,Ft or QAores g, N/81 the proposed project enoroach on any pubib easement, publio accessway or other area Yes W6 DNA that the publla has established use of? h. Oesodbs location and type of 04sling and proposed discharges to vraters of the slats. � -- - Nb t* I, WlUwssteweter or etortnwator he discharged lntoevetlarM? o[]NA JUIV 112 112 If yes, vvili this discharged water be of the same sallnity as the receiving wateR o WNA ,le 7E]Yos there any trill a proposed? ` A N Yee, attaohsi mhigatlon proposal. DCM•MHD C <Form continues on back> 26R•ptl ti•Ra08 r: 1•BSP-4NGb R0Y ww�r.uc r.oastal m,rn npvmoh J 114 Lit Form DCM Mp-t (Page 4 of 4) e. A proleol narrative. b. qn accurate, led% P'°Possdpi*ct to bahveen wntk oompl 0. Aatteor�loostionmyl d A copy�o dead d e. Theapp�ropoa pPd deary to the APPLICATION for Major Development permit drawkV g. A Itstot PrevteW elate or federal penobftuedtor tvwkonthePro)ecthact Inctudepeanrynwabe- rs Pamrltlee. and issuing dates. necessary, lands, attach compiler" -.--• •� mo wnumons and ragVicil .. c --11 od In the only Ina davetopme—n descdbad 1 nter o Utat I ant authorized to grant, and do to tact polmo. abler ri the the ad lardy br r onrtec flora two o ai ree l00 to represetttggves of state and federal rovh monitoring of the project. 9 Information related to this Ifudharcar* att ends pennd aPPUcaUon Date . ( Provided In this application f truthful to the bast of my knotvledga• c prim Name Signature i Vow_ Please Indicate application attachments pertaining to your CIDCM MP12 Excavation and Pia Information proposed project L100M MP-3 Upland Devefopment 13DCM MP-5 Bridges and Culverts pOCM MP-4 Structures Information JUN 11 2014 DCM-MRD CITY HECEiVED DCM WILMINGTON, NC'° JUN 0 4 2A 382.g98.7.A0p --�` :7 9-D 4a.QNfi tt %�u a' ;r WiHw.rtc,aOBa ---•-`- _-- talrnnttaUon�ant,not Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach tttiS forth to Jo" Application for CAMA Major Patink Form DCM MP-1. Be sure to complete all other sections of the Joan Application that relate to this proposed project. Please kwAide all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access Chantl orp NWL Cans) Boat Basin Boat RamW Rout Grain Br Rocit Other (excluding excluding srabtli=atlort _ Length Width Avg. Existing Depth NA NA Final Project Depth PIA 1. OfCAVATION "sarOW not gpprcable a. Arnoatof manrtal b bs excavated tram below PNW a MNL in b. Tips of erelsid b be mcevabd. c (i) Does Ire area b be excavated nckde coastal watlarMahnarsh (CW), submerged aquatic vegetation IS". shell bottom (SSJ or other wedands (WL)? if any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV []SS OWL ❑Now IN) Describe the purpose of the excavation in these arras: d Ko"yo+d excavation in cubic yards Z OFSPQSAL W L:XGA VATED MAMMAL " SedOtin not app/ca61a a Location of disposal wee. b Dimensions of disposal area. c (Q Do you claim We to disposal area? [3Y" ❑Nil ❑NA (1) M no, attach a tatter granting permission from the caner. d- () m� disposal arem, be ❑NA available for future nra t enwnc e? (a) I yes, VAe ? e P) Does the disposal area include any coastal wedmidshmwsh t. (1) Does the disposal include any ilea in the water? (CW). submerged aquatic vegetation (SAV), stet bagorn (SB). ❑Yes ❑No ❑NA or tiger wepands (WL)? If any boxes are checked. provide the n rnYer of square fed attecled. (it) I ye%, how much water area is affected? ❑CW ❑SAV ❑SB _-_ OWL []Now (m) Describe the purpose of disposal in ttrese antes. JUN 1 1 2014 DCM WIEMIENCED N. NC 252.809-280r1 :: t-88sJ-0nCOAST :: vyvVW.ncGo&siaiman?� metltn i . ' Ufi ' DCM-MHDCrrY MAYT 2�fi Fortes EWAI MP-2 (€ixcnvatlnn tend Pill, Niije „ of 2) 3. e WOddgroln. use MP-4- SInxtures) OThis sealon not eppdeehfe s. TYPa of shoreline atabluzasorr. b. Lenguy --- XEIU*read ORiprep OBreakwaterMil OOlher:_ Wdth: rIS o. Average distance walefvrard of NHWorNWL: d. htadmumdlstanf mtenvardof NHWorNWL: 1Zddt' - I5/ e. Type of "Ammon material: f. g. Number of square feet of fifl to be placed below wafer level b. SuMead bacldol -V9Q Riprap_ BreakwaterISy— Other— i. Sou�me of Oil moterial. _'U61iA 80Y,4 Cdoi$AT &C SAntb a. (1) YliflNlmaledalbebroughttof ift.? Yes No If yes, (11) Anwunt of material to be Placed in the wafer (at) Dimensions of fig area (Iv) Purpose of An a. () Has theca bean shorelcs omsbn dvdng Pmmdhrg 12 Months? dies ONO ONA 00 Hyes. state smamt of erosion and source of erosion anount fnfanrdgon. ACYY Lo' %J,Sv.& Dl35EkJATton) Two W rtu material. GCEAAa Fiw S�Nd not epptkabte nwrdw of - - _. - -._-..__..__, t-r equate feet erRecled. yeas V __ OOAV ❑SB Elva 0wooe (�) 00906t a rice PINPoee of the in In these ereae: w•+wr.,r., or uyamwtoareagept - . .—BIA.kHEAb Mira) tCAUATok a (1) Val n o Osiddee be required ass result either profew 091f yes, erptein what 4W end Iowthoy %Wl W imptemenied d. lt)340w f3yes be ossed(n lrenspodtng egWpmerrt to pro)ect aitai7 Oyes �to [,(NA (e) If yee, eXr" steps 110 Vitt be b-ten to avoid of meeymso envfrosyrrefdal fmpacis. Dale Appficp i Name PtoleotName Apys�tttsigr�trte - �ECEtVIE. ::s;a-xna;rays::1:00i-a COWSITn.fr wa,rr ist� �,aavr>af DCMWILMINGTf7N,1`(C JUN 11 2014 W YM CITY 133 SWORDFISH DRIVE;,, 4F� y 4�i'�y �� V'h'¢'�•5� ES`3�3 tr�� PROPOSED BULKHEAD`"*C�"; y ELU AT TOP: 5,3' PROPOSED FILL ELEVas COASTAL NORMAL HIGH CAMA,'< EXISTING GRADE WATER LINE WETLAND LINE a ggg " ELEV: i s `S ELEV; 1,89' CROSS SECTION SCALE: 10 a 5' MCDENR North Carolina Department of. Environment and Natural Resources Pat McCrory Governor August 5, 2014 Robin Sandifer 3737 Windy Point Rd. Supply, N.C. 28462 Dear Sir or Madam: 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 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 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. 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, 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.nocoastalmanagement.net An Equal Opportunity / Affirmative Action Employer DCM Coordinator: /Zw e,l/ Permit #: 0 B -I K /P �j MAILING DISTRIBUTION SHEET Permitee_:/n![ Aleuts: arfe", /nte d'e'k "— DCM Field Offices Elizabeth City Morehead City WashinRton W' US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: NC DOT: Shellfish Sanitation: State Property: Water Resources: Washington: (with revised work plan drawings) �y hV-r sf Raleigh Bland Flee Srm r---- Renee Gledhill -Early or (envirq�ntal.review@ncdcr.gov Di a Williams (WIRO Joey n e Pace ^ Fowler �— ' Walto � John Hennessy (NC DOT) Anthony Scarborough Wilmington: Joann 401 C - 401 Linda Lewis - Stormwater Wildlife Resources: is Dunn =(WARO) LPO: Fax Distribution: Permitee #: Agent #:_ (Y- VINTAGE To whom it may concern: 3003 Holden Beach Road Supply, NC 28462 (910) 842-7665 OFFICE (910) 842-5759 FAX vccbrian(ahoo.com This Is a letter of Intent to construct a new bulkhead at 133 Swordfish Drive on a canal lot that currently does not have one. The adjacent property owners have bulkheads In place and we are proposing to connect from one neighboring bulkhead corner to the other and add fill to complete the project. This will create a straight bulkhead between the two properties. The fill will be at the same level as the adjoining lots. Thank You, PA ---- Brian Murdock 910-664-0126 RECEIVED SUN 1 1 2014 cCh:-h!HO C.TY RECE VF—D DCM WILMINGTON, NC �, iN 0 4 'Ldi4 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Robin Sandifer c/o VCC, Inc. 2. LOCATION OF PROJECT SITE: 133 Swordfish Drive, Holden Beach, Brunswick County Photo Index - 2006:4-3215 Q,18 2000: 4-37 13,18 1995: 4-35 R,4 State Plane Coordinates - X: Y: GPS File: N/A Lat:33°54'38.29"N Long:78°19'56.81"W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 03/17/12, 06/05/14 Was Applicant Present — Yes, No 5. PROCESSING PROCEDURE: Application Received—05/21/14, 06/04/14 (complete) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan —Town of Holden Beach Land Classification From LUP — Residential (B) AEC(s) Involved: EW, PT, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — None Planned - None (F) Type of Structures: Existing— None Planned -50 linear feet of new bulkhead (G) Estimated Annual Rate of Erosion: 0.5 ft/year Source —observed by field staff 2012-2014 7. HABITAT DESCRIPTION: [AREA] DREDGED rJRECI MD UN 11 2014 DCtvfA!4D CTTY Iy111���ij�:lx1 (A) Vegetated Wetlands (Coastal) High Marsh 250 sq. ft Low marsh (B) Non -Vegetated Wetlands 370 sq. ft. Shallow Bottom (C) Other 1,750 sq. ft. uplands (D) Total Area Disturbed: 1,750 sq. ft. ( 0.05 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to construct approximately 50 linear feet of new bulkhead and fill approximately 370 sq. ft. of shallow bottom habitat and 250 square feet of high marsh. Robin Sandifer c/o VCC, Inc. Page Two 9. PROJECT DESCRIPTION The project site consists of a canal front lot located at 133 Swordfish Street, in the Town of Holden Beach, Brunswick County. To get to the site from Wilmington take US Hwy 17 S to Mt. Pisgah Road. Turn left onto Mt. Pisgah Road, Mt. Pisgah Road merges with NC Hwy 130, and continue on NC Hwy 130. Cross the high rise bridge to Ocean Boulevard. Turn right onto Ocean Boulevard West and travel approximately 3.5 miles to Swordfish Street. Turn right onto Swordfish Street and travel approximately 0.2 miles. The project site will be located on the left. The project site is a canal front lot that measures approximately 50 feet in width by approximately 100 feet in depth. The elevation of the high ground area of the lot averages approximately 2.5 feet above normal high water (NHW). High ground vegetation consists primarily of lawn grasses, woody shrubs, native vines, and transitions to sparsely vegetated high marsh along the shoreline. The shoreline of the property is unstabilized and has eroded creating an escarpment approximately 2.5 feet in height. Vegetation, consisting of mostly of sea ox-eye, sparsely intermixed with Salt Meadow Hay (Sportina patens), is present along the escarpment. Water ward of the escarpment, the shallow bottom is comprised of soft sand, eroded from the high ground and is void of low marsh vegetation. The sand bottom is gently sloping and can be observed approximately 20 feet water ward of the escarpment. The adjacent shorelines have been stabilized with bulkheads. The property to the south has a bulkhead aligned approximately 12 feet water ward of the existing Normal High Water (NHW) boundary of the project site. The adjacent shoreline to the north has been stabilized with a bulkhead that is aligned approximately 15 feet water ward of the NHW boundary of the project site. The NHW boundary on the adjacent properties is located along the bulkheads with no wetland vegetation is present. The project site is currently undeveloped and not serviced by any utilities. The Holden Beach Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Residential. The waters of the AIWW are classified SA by the Division of Water Quality and are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. 10. PROPOSED PROJECT: The applicant proposes to construct approximately 50 linear feet of new bulkhead and fill approximately 370 sq. ft. of shallow bottom habitat and 250 square feet of high marsh. As proposed, the bulkhead would be installed, on average, 12.4 feet water ward of the NHW boundary. The bulkhead would have a maximum alignment of approximately 15 feet water ward of the NHW boundary. As proposed, the bulkhead alignment would conned to the existing bulkhead of the adjacent riparian property to the south and would be aligned approximately 4 feet landward of the adjacent bulkhead to the north. The limits of disturbance would be located approximately 35 feet landward of the proposed bulkhead alignment. No high ground development is proposed at this time. The Town of Holden Beach has adopted ordinances found in the Land Usage Section of the Code of Ordinances 157.025 (D) which states "bulkheads are required on all canal lots. Every property located in Holden Beach must be brought into compliance with this requirement by Ffirrd O, 2012." The i JUN 11 2014 DCiv[dYM— DC!TP Robin Sandifer c/o VCC, Inc. Page Three Town of Holden Beach has posted signage on the property on February 10, 2013, notifying the property owner of noncompliance with the ordinance. 11. ANTICIPATED IMPACTS The proposed new bulkhead construction with associated backfill and tie back/anchor system would result in the filling of approximately 370 square feet of shallow bottom and estuarine waters. The bulkhead alignment would result in the filling of approximately 250 square feet of high marsh, located above Normal High Water and 370 square feet of shallow bottom located below NHW. The proposed bulkhead construction would result in the disturbance of approximately 1,750 square feet of high ground. Minor increases in turbidity should be expected during construction Submitted by: Holley Snider Date: June 6, 2014 Office: Wilmington rJURECEIVED N 11 2014 DCb".-M!!0 C!TY DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Robin Sandifer COUNTY: Brunswick PROJECT NAME: Sandifer Bulkhead Project LOCATION OF PROJECT: 133 Swordfish Dr., adjacent to a man-made canal off of the AIWW in Holden Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-4-14 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Snider/1 DISTRICT MANAGER REVIEW: / r2 B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 6-7-14 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNED O: C) 75 DAY DEADLINE:141-1t" MAIL OUT DATE: 6-9-14 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE RECD: 400 END OF NOTICE DATE: 6-28-14 DEED C ON: 150 DAY DEADLINE: STATE DUE DATE: 6-28-14 FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative �� �� / ✓ Coastal Management - LUP Consistency Division of Community Assistance A- (j- I �( Land Quality Section (DEMLR) 6 ? d - l Division of Water Resources (401) -14- i t{ V ),(- 6 d - Storm Water Management (DEMLR) I -0—Yea 4- State Property Office 6-2Z-1�1 ✓ Division of Archives & History Division of Environmental Health Division of Highways - ri - fit( / ✓ Wildlife Resources Commission yy l) 3 0" I N i 1 54 Local Permit Office Division of Marine Fisheries / DCM Corps of Engineers (DWJ 6 20-1`1 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENTION OF: July 23, 2014 Regulatory Division Action ID No. SAW-2014-00661 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Robin Sandifer to discharge fill material into 620 square feet of waters of the United States for the construction of a bulkhead in a canal to the AIW W, at 133 Swordfish Drive, in Holden Beach, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee guidelines.pdf. 2. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 3. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any s� i=RWD JUL 2 4 2014 DCM-MHD CITY -2- relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 4. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 5. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 6. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 7. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 8. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 9. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 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 for reason other than safety. 10. The permittee must install and maintain, at his expense, any signal lights&d #B@l W prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized flicilities. JUL 24 2014 DCM-MUD crrY -3- For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 11. If the permittee discovers any previously unknown historic or archeological remains. while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 12. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 13. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 14. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 15. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 16. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 17. Bulkhead structures authorized by this general permit may be constructed of treated wood, concrete slab, steel or aluminum sheet, broken concrete, brick or rock, with or without backfill material, conforming to the standards contained herein. Other construction act ir"UL 's R![!I MW not authorized by this general permit. 2 4 2014 ACMM1iDC1TY 1m 18. No excavation is permitted by this general permit except for that required for installation of the bulkhead wall, deadmen and cables. 19. It is possible that an authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. Questions or comments may be addressed to Mr. Ronnie Smith, Wilmington Field Office, Regulatory Division, telephone (910) 251-4829. Sincerely, (3's k7— Ronnie Smith, Project Manager Wilmington Regulatory Field Office Copies Furnished: Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Jonathan Howell Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 JUL 2 4 2014 -5- Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3 Mr. Scott McAloon United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Rd Atlantic Beach, North Carolina 28512 Ms. Debra Wilson 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, Health, and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 JUL 2 4 2014 D'11-MDc1rY A' jp NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 26, 2014 Robin Standifer John E. Skvarla, III Secretary Brunswick County DWR Project #: 14-0625 3737 Windy Point Road Supply, NC 28462 Subject Property: 133 Swordfish Drive — Holden Beach Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. or Ms. Standifer: You have our approval, in accordance with the attached conditions and those listed below, to impact approximately 0.006 acres of wetlands and approximately 0.008 acres of open waters in order to construct a new bulkhead with associated back fill as described within your application received by the Division on June 11, 2014. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This Certification allows you to use the Regional General Permit #198000291 (GP 291) when issued by the U.S. Army Corps of Engineers and the CAMA permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This Certification can also be found on line at: liiip://poi-tal.ncdeiir.org/Web/wq/swp/ws/401/certsandpermits. 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 211 .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72M Internet: www.ncdenr.gov An Equal Opportunity \ AHirmadve Action Employer— Made in pad by recycled paper 2 Robin Stendifer Brunswick County 2014-0625 The Additional Conditions of the Certification are: 1. Standard Erosion and Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices: a. Erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification and authorized by this written approval, including incidental impacts. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval by DWR. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and downstream of the above structures. All devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Energy, Mineral, and Land Resources has released the project. UcElft JUL 15 2014 DCA!-M ZCn Y 3 Robin Stsndifer Brunswick County 2014A625 4. Turbidity The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 5. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. 6. Certificate of Completion 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 Oversight/Express Review Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 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 Permits. You can contest this Certification as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings. You may obtain a petition form from the Office of Administrative Hearings at http://www.ncoah.com or call (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8:OOam and 5:OOpm, excluding official state holidays). The petition may be faxed to the Office of Administrative Hearings at (919) 431-3100, provided the original and one copy of the petition is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center 4 Robin Stendifer Brunswick County 2014-0625 Raleigh, NC 27699-1601 Unless such a petition is filed, this Certification shall be final and binding. 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. Jim a ,�egional Supervisor Water Quali Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Enclosures: Certificate of Completion GC 3900 cc: Brian Murdoch — VCC, Inc., 3003 Holden Beach Road, Supply, NC 28462 Jonathan Howell — DCM Morehead City Debbie Wilson — DCM Wilmington Ronnie Smith — USACE Wilmington Field Office Karen Higgins — 401 and Buffer Permitting Unit WiRO jtECl:.i�'k12 JUL 15 2014 I)CM-MR CITY 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 I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: 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 ALA NCDENR North Carolina Department of Environment and Natural Pat McCrory Governor June 9, 2014 Resources John E. Skvarla, III Secretary Division of Coastal Management MEMORANDUM: TO: Chad Coburn 401 Wetlands DWR - Wilmington FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: Robin Sandifer Project Location: 133 Swordfish Drive, adjacent to a man-made canal off of the AIWW, in Holden Beach, Brunswick County Proposed Project: to construct approx. 50 linear ft. of new bulkhead, and to fill approx. 370 sq. ft. of shallow bottom habitat & 250 sq. ft. of high marsh 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 June 28, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: SIGNED V61 GdQC W -1 0Cb/d& //Cj 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. DATE UCEMD JUL 15 2014 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net DCWM0 CTfY An Equal Opportunity \ Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 9, 2014 Division of Coastal Management MEMORANDUM: TO: Jessi Baker Fisheries Resource Specialist Division of Coastal Management John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: Robin Sandifer Project Location: 133 Swordfish Drive, adjacent to a man-made canal off of the AIVVVV, in Holden Beach, Brunswick County Proposed Project: to construct approx. 50 linear ft. of new bulkhead, and to fill approx. 370 sq. ft. of shallow bottom habitat & 250 sq. ft. of high marsh 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 June 28, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 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 age�n(%cy objects to the project for reasons described in the attached comments. SIGNED �C� DATE i I I I RECEIVED JUN 112014 127 Cardinal Drive Ext., Wilmington, NC 28405 DCM.V1gD C,T, Phone: 910-796.7215 \ FAX: 910-3953964 Intemet: www.nccoastalmanaaement.net An Equal Opportunity \ Affirmative Action Employer ► CD NR Pat Mccroqu North Carolina Department of Environment and Natural Governor June 9, 2014 Division of Coastal Management MEMORANDUM: Resources ( JI "•I V , John E. Skvarla, III Secretary JA; fie-wN TO: Renee Gledhill -Early Dept. of Guttural Resources 1` Archives & History �1)� FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA l Dredge & Fill Major Permit Application Review Applicant: Robin Sandifer Project Location: 133 Swordfish Drive, adjacent to a man-made canal off of the AIWW, in Holden Beach, Brunswick County Proposed Project: to construct approx. 50 linear ft. of new bulkhead, and to fill approx. 370 sq. fit. of shallow bottom habitat & 250 sq, ft. of high marsh 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 June 28, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796.7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. Y' 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 ' 127 Cardinal Nve Ext , W,m,ng i� NC 284GS Phone: 51G-79o-72,5l,FAX: 9103953904 tnterrim %vwi nccoastalmanagemerd net An C ='r . 4. qp Pr .-m^_'.rn Fc',M inrovp JUN 1 3 2014 A LA. NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 9, 2014 RECEIVED Division of Coastal Manaciement JUN 10 2014 MEMORANDUM: DOA STATE PROPERTY TO: Tim Walton OFFICE Dept of Administration State Property Office John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: Robin Sandifer Project Location: 133 Swordfish Drive, adjacent to a man-made canal off of the AIWW, in Holden Beach, Brunswick County Proposed Project: to construct approx. 50 linear ft. of new bulkhead, and to fill approx. 370 sq. ft. of shallow bottom habitat & 250 sq. ft. of high marsh 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 June 28, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: T is 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 JUN 2 7 2014 127 Cardinal Drive Ext., Wilmington, INC 28405 Phone: 910-796.7215 \ FAX: 910-395.3964 Internet: www.nccoastalmanaaement,net DCtvt-Ml4D CITY An Equal Opportunity \ Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Robin Sandifer c/o VCC, Inc. 2. LOCATION OF PROJECT SITE: 133 Swordfish Drive, Holden Beach, Brunswick County Photo Index - 2006:4-3215 Q,18 2000: 4-37 11,18 1995: 4-35 R,4 State Plane Coordinates - X: Y: GPS File: N/A Lat:33°54'38.29"N Long:78°19'56.81"W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 03/17/12, 06/05/14 Was Applicant Present - Yes, No S. PROCESSING PROCEDURE: Application Received - 05/21/14, 06/04/14 (complete) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Holden Beach Land Classification From LUP - Residential (B) AEC(s) Involved: EW, PT, ES (C) Water Depen (D) Intended U e: Private (E) Wastewate nt:Existing - None Planned - None (F) Type of Structures: Existing - NoDe- Plann =50 linear feet of new bulkhead (G) Estimated Annual Ratet rasitsn": 0.S ft/year---------.-___...__ Source - observed by field staff 2012-2014 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) High Marsh 250 sq. ft Low marsh (B) Non -Vegetated Wetlands 370 sq. ft. Shallow Bottom (C) Other 1,750 sq. ft. uplands (D) Total Area Disturbed: 1,750 sq. ft. ( 0.05 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to construct approximately 50 linear feet of new bulkhead and fill /approximately 370 sq. ft. of shallow bottom habitat and 250 square feet of high marsh. --� RECEIVED KF JUN 2 7 2014 DW-MUD MY Robin Sandifer c/o VCC, Inc. Page Two 9. PROJECT DESCRIPTION The project site consists of a canal front lot located at 133 Swordfish Street, in the Town of Holden Beach, Brunswick County. To get to the site from Wilmington take US Hwy 17 S to Mt. Pisgah Road. Turn left onto Mt. Pisgah Road, Mt. Pisgah Road merges with NC Hwy 130, and continue on NC Hwy 130. Cross the high rise bridge to Ocean Boulevard. Turn right onto Ocean Boulevard West and travel approximately 3.5 miles to Swordfish Street. Turn right onto Swordfish Street and travel approximately 0.2 miles. The project site will be located on the left. The project site is a canal front lot that measures approximately 50 feet in width by approximately 100 feet in depth. The elevation of the high ground area of the lot averages approximately 2.5 feet above normal high water (NHW). High ground vegetation consists primarily of lawn grasses, woody shrubs, native vines, and transitions to sparsely vegetated high marsh along the shoreline. The shoreline of the property is unstabilized and has eroded creating an escarpment approximately 2.5 feet in height. Vegetation, consisting of mostly of sea ox-eye, sparsely intermixed with Salt Meadow Hay (Spartina patens), is present along the escarpment. Water ward of the escarpment, the shallow bottom is comprised of soft sand, eroded from the high ground and is void of low marsh vegetation. The sand bottom is gently sloping and can be observed approximately 20 feet water ward of the escarpment. The adjacent shorelines have been stabilized with bulkheads. The property to the south has a bulkhead aligned approximately 12 feet water ward of the existing Normal High Water (NHW) boundary of the project site. The adjacent shoreline to the north has been stabilized with a bulkhead that is aligned approximately 15 feet water ward of the NHW boundary of the project site. The NHW boundary on the adjacent properties is located along the bulkheads with no wetland vegetation is present. The project site is currently undeveloped and not serviced by any utilities. The Holden Beach Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Residential. The waters of the AIWW are classified SA by the Division of Water Quality and are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. 10. PROPOSED PROJECT: The applicant proposes to construct approximately 50 linear feet of new bulkhead and fill approximately 370 sq. ft. of shallow bottom habitat and 250 square feet of high marsh. As proposed, the bulkhead would be installed, on average, 12.4 feet water ward of the NHW boundary. The bulkhead would have a maximum alignment of approximately 15 feet water ward of the NHW boundary. As proposed, the bulkhead alignment would connect to the existing bulkhead of the adjacent riparian property to the south and would be aligned approximately 4 feet landward of the adjacent bulkhead to the north. The limits of disturbance would be located approximately 35 feet landward of the proposed bulkhead alignment. No high ground development is proposed at this time. The Town of Holden Beach has adopte ces found ipland Usage Section of the Code of Ordinances 157.025 (D) which st "bulkheads are required on all canal lots Every property located in Holden Beach must be brought into co�ance wifFl�Fi sirequ`irement by February 10, 2012." The Robin Sandifer c/o VCC, Inc. Page Three Town of Holden Beach has posted signage on the property on February 10, 2013, notifying the property owner of noncompliance with the ordinance. 11. ANTICIPATED IMPACTS The proposed new bulkhead construction with associated backfill and tie back/anchor system would result in the filling of approximately 370 square feet of shallow bottom and estuarine waters. The bulkhead alignment would result in the filling of approximately 250 square feet of high marsh, located above Normal High Water and 370 square feet of shallow bottom located below NHW. The proposed bulkhead construction would result in the disturbance of approximately 1,750 square feet of high ground. Minor increases in turbidity should be expected during construction Submitted by: Holley Snider Date: June 6, 2014 Office: Wilmington �l2kCEIVEi) JUN 2 7 2014 CONSTRUPINIC0. To whom it may concern: 3003 Holden Beach Road Supply, NC 28462 (910) 842-7665 OFFICE (910) 842-5759 FAX vccbrian@vahoo.com This Is a letter of intent to construct a new bulkhead at 133 Swordfish Drive on a canal lot that currently does not have one. The adjacent property owners have bulkheads in place and we are proposing to connect from one neighboring bulkhead corner to the other and add fill to complete the project. This will create a straight bulkhead between the two properties. The fill will be at the same level as the adjoining lots. Thank You, PA - Brian Murdock 910-664-0126 rJRECEIVERN 2 7 2014 ^} DCM-MHD CIT+Y;(^q DCM WILMINOTON, NC (,IN 0 4 idi4 iR6u a North Carollna DIVISION OF COASTAL, MAN&dEMIiNT <Form continues on bash a�a,�n�•aaoo r: a.ass•axc9Asa RECE ED DCM WILMIN aTON, rlc:?`- vrww.10006otpJI:N G 4 i614 Form DOM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 77. il�t 7 AMW Coorly(oan Street Address state P4. # ­ r lo. beive Subdivision Name 7:!T;L#t city state -- zip H A9. &K Ac 965 Hotzectj P&A'" (4-C 2944Z PhonoNo. No.(s) (YTaW, aftO add#knWpW wM ffsQ fixt, a- In whfoh NO river basin lathe PrOlct b-c­atd? b. Name of i;;dYof water nearest to �proposed project -.. l� UM Am A&A0 MA-bg CApmL- A 18 the water body Identified in (b) above, natural or mamnade? QN.Ruffal 064anmade )]unknownAAWW d. Name iho ­oI=t maior water body to the PA)POsed project she. a- Is proposed %'OFKWithin OILY limits orplannIntijurisdiction? f. If applkable, list the —plUannin uriedlollon or oily limit the Proposed Was UNO Work falls within. N A. Total length Of shoreline on the tract (q b. Size of entire tract (aq.tt.) 0. Size of Individual 0 4,, d. Approximate elevation of traotabove NPWInotmalfth wafer] orof (if md4 lot sizes, please attach IddillonalpV0 vs*h a &V NY& (wanal waterfavap XNHW or ONWL a. Vegetation tract GoAz. vA vrA i, 06-n-Apihs I. Man-made features and uses now on tract S# ts&tla FAr%WY RC-51bSJ46 h. Howdoes bcal garemment 1. PtOPOOOdPfOle�)tOOnstst"tvAthihooippfklablezorilng? PO!"JISCAMAL R-1 T (iAflaoh zoning compliance cort"Icate. Rapplicable) Wyes E� QNo, 13NA J- lsthe proposed 4OEvRYP4d6tanvibanwaterfront fodowopmentp"ai? No K Has a. PrOfe"Wal archaft4loal assessment boon done for the tract? If yes, attach a copy. ffYO 131,10 *A L 14 the PIOP00d Pfqeot locAted to a National Registered Histotio District or does it involve a OYeS EWO KA' Nat onal 1`10913tot listed or oQ91ble Properly? tcForrn continues onnext payee 11 11-948.4fiCOAOT 4s \A JON 272014 D CM-M"D C lqy Form DCM. MP-1 (Page 3 of 4) APPLI¢ATION for Major Development Permit M. (q Are there wellarrdson,the site? es EJNo (0) Are there coastal wetlands on the she? ❑Yes *0 (91) If yes to either (n or (It) above, has a delineation been conducted? [JYes No . (Attacb.documentallon, If ov.0ab)e) n; De'scribeeAsUngwastewater treatment facilities, SA,,�i?ARY �r;��R S`ISTE'rt o. Desatboo4stingdfinNngwatereuppiysoutce. —' PtAat.(c tJATrg Sys-rell P. Desodbaerdsfing stone water management or treahnentsystems. �.;'fI i�Ly �ri 1 `V'{G ::";tt "�+; ar �.r I` r:r;p, .,r•s:::.o•, 7tp-n;: :�,:.�:.i' 'R •y"Y.li'^:a}r;.. nJd�s 1- 7e:..[" K. y,.,l+}••, �•`i ,: ....'t.:j ' a i [S 't 4- t '1•• ;."i cr' !:..1 ?S$.' '„ f _.••..- .i<, m,. Y.':. rt4 c..P:Y i.,�-r='-':o-.{f� _ S,=•,_=+;�� e. WU the project ke foro,'pmmarolal, pubic, or pdYate use? ' ' " ' "' ' ' " gGommeictal gPublldQovernptent Pa 1 VATLePrivatalCanmun ty b. Give a brlof esedptlon of purpose, use, and dairy oporallons of the project when complete. Cor>S f RuG'Cfor3 of (3µWHSAb ?b PRGO&NT CR6$W-3 PLAe.cme sr of Fiu. MArOPAI, To , LIFUaL TRACer a Describe th@ prgposed conskuodon methadologg types of coneWollon equ pmanl to be used ddrfng bons[rucflon, the number of each type of equipment and where It b to be stored. MINI 69CAVATaR HANb Teo(-S d. Gst all development aeroAtles you propose. . aE� ITI�n 4 a. Are the proposed WNW matatenanee of an etds09 pro)oot,new Work, or both? ?400 Wow f. What is theapproWmatato�t rdNurbedlandarearesultingfromtheproposedprotect? V3pq,Ft a[]gores a %F III the proposed proiACt enctaaoh on enypublk oasement, pubiw acoossway or other area (]Yes o pNA that the po4ho hag established use of? h. beSerlhe location and type of existing and propose4 discharges to via(ers of rho state. NaNE " I. Will weatewaterOrstormwaterbedischargedIntoaw.slland? ClYes . NO UNA' If yes, Will this ttlscharged water be of the same aalia4y as the.recoivtng wateR [jY@s ONO WNA J. L9 there Spy mhigatloq pfoposed2 Yeg qNo A If yea, ntlach. amlUgstton proposer. Ul 1^JiL;vii„i TG �., NC ..'. A' r _, J4 UM 0 '1u14 51=orm continues on back> z6a.(i4ti•3601t r: 9.4f8a-AFlCOAO?' ,: wvrw.rta coastal mr,apomors Form DCM MP-1 (Page 4 of 4) o greot, and do to tat lands in conneogoo SlgnatUre % APPLICATION toi tda)or Development pem h g of slate andfederal review agerM to to Hrlv P"N BPAL-00" and tollow-op I tmeowlecl o. Pleas@ Indicate appllcatbn CIpGM attaahmerds pmiaining to your prgpoW Proleo . _ MP-2 Exoavatioa And Rh tnlormallm QOW MP-8 Upland Devero r("t C1DCM MP-5 Bridges and Culverts CIDCM MP.4 Structures information �$�`aQN$A08 rs 3-a8A•4RCia;4&5 e+ w�vw.naao s ��' a tnlma9nagame»t.nmt JUN 2 7 2014 nC.M-MiM Cry Fovm DCN NP-2 (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 at supptementat information_ Describe.below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length Width Avg. Existing NA NA Depth Final Project IS�4 NA Depth a. cubic yards. 0 a () Does the area to be excavated include coastal vrattands/rrearsh (CM, submerged aquatic vegetation (SAV), shall bctLom (Sft or other %yetfands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV OSB OWL ❑None (11) Describe the purpose of the excavation in these auras: area. c () Do you claim We to disposal area? OYes ON9 ❑NA (it) If no, attach a letter granting permission from the Homer. e. (1) Does the disposal area include any coastal v etandslmatsh (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 OSAV ❑SS OWL u ONone (1) Describe the purpose of disposal in these areas: section not applicable d. t oVaurdexcavationincubicyards. his sedlq/r not applicable b. Dimensfonsofdispasaiarea. d. ii) Willa dEsgusal area be avaAable ter future maimenance? ❑Yes UNo )]NA (l if yes, vfiero? f. tit) Dues the esspossl include any area In the water? ❑Yes ❑No ❑NA (u) If yes, how much water area is affected? RECEIVED DCM WILMINGrnN" NC 252•r'�0-gaOS :: $-kii3s3»:E'.Z„^.Y'7.t ST :_ v+qx,:,r„s _. :urn:yai�nx i, �a�]e�a»gxd.err.±g �77'^ T. . IIo N1�'t"'i� Z�t�'; form I)CM NIP-.;i (P''xcnvat)on and PIII, f'tti)e 2 of 2 3. S HO LIM�STABI1J7a4T prhlssearon� t ht pmentls a wood groin, use MP-4 - StractwesJ a. 'YPaofattmIna.stablllzatlotr. - BulMleed[]Other;— b. wdt.h:; . . �( QRiprap ❑BteafnvaterlSl& C]Olhor:`. Width: o. Average distance tvalerwaM of NHW or tiWY: e. 7Ypa oPafabAaAtioo material: g, tJumbarofaquaro ffe�e�tofHUto4epleredbatotvwatarleve6 BuBdread l)addN `v o HiWap.—.._ aminvoter18%_ Other- 1. Source of Oil metorlol. tAP A, )A Qt3 TA SAAb $ (9 Wdl Nl maledvl be trougtitto the site? Yos No If Yes. (d) AnWntof materfal to be placed in the water 010 ormonetona d(fill area gv) Purpooa of Pot o. (1) Vol n net aide be m4tilred as a result of the project? so CfYo[jNA g0 if yes, exyteln %bat We and howthoyxAi bo Implemented Date ('reject Nome d. Atmdmtan dlstancs watenmd Of NNW or NWLt 1�/ i. 09 Has [hens been stwohne emston during preceding t2 rmn'ths7 Yee (]No [INA 00 If yes, state ernotmt of erosion and amine of erosloa arrwvnt Inton"Olim. 6_PRdx f•Dr V�SragL �(35EkJA71ua h. Typ9of rnatedal. ' CAZAA) FttL SAPP soafen adt appdoable OC%V 130AV OWL [?None fl) Oosww tlra psPosa of"fat in these drew d. g)WWrllwellergs ossed Intranwirg egt6rwit to pro)eol site? CIYas a C3NA (h)Iyes�tsteps do vdn be lows to avoid or rmhrmho ht"ct$. W, Mt Name Anpkent8lgn�ttfo e. a:i-RORaNgS :; '9.&fl3- SRC0A3T :: ei'LiW.,At&k+tfi3;±ti3!!cttBftQ'.is)iN,�!.3,ka`l, (� 'A tdl, JUN 2 7 2014 n DCM•Mo CITY Dooil ftn FAvolopo 10; AOA0071A03FF•4991)-05AE-AO3617AO02AO OFFER TO PURCHASE AND CONTRACT- VACANT LOWLAND [Consult "Ouldellam" (fount 120) forguldanct In completing this form] NOTBr This contract 1s Intended for unimproved real proper(" flit Duyer will purchase o fores ponnl use and does not have huolcdiate plans to subdivide. It should not be used to sclt properly that Is being mtbd(vldedyunless the property has been platted, properly approved and recorded wllh the register of deeds as of (he dais of Oe coulrooc if Scllcr Is ➢uye's builder and the sale Involve Iho construollon of it new single fandfy dwelling prior to closingg, use the standard Offer to Purchase and Conhaol—Now Construction (Form 800• or, If the constrnollon is completed, use life ORcc to Purehun nod Contract (Form 2•T) with Oro Now Construction Addendum (Porn 2A34), For valuable consideration, file recelptandlegal sufftcienoyOfwhlohOf* hereby acknowleil➢uyeroffers topurchase and Seller upo11 acceptance agrees to sell and convoy sire property on the forms and condlflonr of flits Offer To 1'urohme and Contract snit any eddonrtum ornlWiticatlon roads In accordance with Its lens (togeher the "o ltract'), 1, TBRAIS AND )WRINITIONSt The (anus listed below shall have the respective ntcalfi g given them As sit fbdll a&C1!jIt to each tem1. (a) 08ellol'°; ARDII IJQOXQK A0 TeIUSTEH FOR,Fjp1Y ram. (b) "Duyer`; ROBIN M ,9ANDM6 (o) "Properly': The Propmty shall Inoludo all that real estate desorlbed below together with till nppurfi n rim thereto Inoludlng Ole Improvenonts loented (harcon. NOTK: If the Property will include a mnaufnclured (mobile) honte(s), Duyor and Solle• should cmnslder including life MmtufeolurW (tvfobllo) Idmno provision fi the Additlonel I'tov sloes Addendum (SteldaM Pomt 2A11-T) with this offer, Street Address:133 QW110 IAlf DRIVE City: HOLDT.N DLACH 'Lip: 20462 mid mall dcNvery may dihcr from rtddrcss ehosnt.) Legal Description; ((Compf ctc ALL applicable) PlatRoforencoU o1/Unit 21 BlGck/Seclion , SttbdiyisioldCondomhduni JtAR OR AOR&0 ,asshowitouPhtBook/Slido 0 atPego(s) 13 Some Ar till of the PropeHy may (d) "Purchase Price"; s$ 120, 000, 00 S told lit U.S, Dollars upon the following torts: BY DUB DILIOHNCRPRL made ppoyablo to Seller by the➢1fedlvetDate. BY INITIAL ➢ARNBST MOM D➢POSiT made pa ablo to P.sorow Aged named 1n Parograph 1(t) Q with this offor OR M delivered within five doys of file i;ffc�Iva Dal2 of rids Contract by Q cosh Ixisooai check �[ OR ine bank check L 1 wire trails or, Y (A1JD1'II0NAT,) ➢ARNMT MONHY DBPOSIT made payyabto to ➢crow Agent routed In I'drnroph I(1) by cash or hnmodhd4ly avAllablo funds such es ofilofal bank cheek or w re lmnsler to be delivered to Mcrow Agent no later than TlMh' UIiINOOF'THGISS/{NCE with r"Or tonal ate, DY ASSUMPTION of 1110 unpaid principal halmec and All obligations of Seller ou file 1,00111 $ BY St $ 119,000.00 BALA byy a dead nrtrust on mo Property In acconance with file atiached nutmu (Standard Form 2A6•'I). NO lit Accordance with file nlfached Seller Piomnohng Addandunl aso Price in onsh at Settlement (solo or nil of which may be paid Should Du or fail to deliver ctOer file Duo -Diligence Fee or Ally f lillol I3anlesl Money De sit by thelr duo dates, or should at��yy cheek or Star'fluids field by Buyer be dishmnomd, for any reason, by the Institution upon w dell flit payment Is drawn, Duyer shall have ono (I) banking day alter written nollco to deliver cask or Immediately Available fluids to Iho myco, lit Ike event Buyer does not lintely deliver cash or Immedlaitly avAifsbio funds, Seller shall have the rigid to fennhnote this �ontmd upon written notice to Buyer. y+�p This form Jointly Approved by; STANDARD FORM 12-T fe'uAslFt-' North Carolina Ralf Association PagoIof9 Revised111013 North CArolllla Astoclatims of RUALTORS'81 luc, (gr',N 0711013 Dfl^ Da ` Buyer Initials � Seller initlals,� CSlMAYJ1kx Arad/I"C1abSo IWIWmima .'eft it 11m,'f110)IWYA flc (01VAH14 l AWWWAMIV A .koop IteeaedMAfaders M Y9rtth ism mmunsad, row, mite)++ mom' aveyiplAyhme . RECEIVED DCM WILMINGi MAY 21 2C JUN 2 7 2014 DCM-MIID CiTY DocuSlgnEnwkpolotACACU7IA•53FF•40$t)-D EA03517Aon2AC (q "RscrowAgest"Qcsertaetno)s QBHTWX 21 AM .M= A=111 tines P.D KOTEs h Hit event of a dlsppIlia behveen Saller and Buyer over the disposition of Ilia Boniest Money Dcposlt held In acrow a licensed real estate broker f"Broker") is required by Ask low (and Escrow Agent, If not a Broker, hereby a8reea) to rolaln �ho Eantest Adoriay Deposit Ie tfba Escrow Aggent's trust or asoroav accowH unlll Hserow Agent has obtelned a tvrill n re eases from rho parties aonadndug W hs disf>osltio" or willl dtebursenrent is ordered byY acoud of connpdcnt.furleJlclion, Altemdlvoty, if a t3rokaror us attonle Hcuhsed to ppiaclica lair h11\bNh Carolina ("Auomoy") is holding the Nnmest alloy Ilelpwoslt, Iho Hro er or Attomoy alav deposit the dlsput d ninnies wil6 Hto appropriates olelk ofcnurt In xcconlaneo with ilia provlstone ofN.C.O.3, §93A-14. MAY PLACP. THR 4TBREST HAttN13D 1P TBR BXPBNSIM (9)"EffeativeWool'sThedataHlab(1)tholostoneofBoyorand3ollorhasaignedorlulOgledthisofferorthefinoicotommiTcr If oily, and (2) girds slvaing or Initieilog Is communicated to tho parry mokingtho offer or eounterofl'etf as Ilia case may be. (11) "Duo D1114e11eo"s Boyar's opDpodtrottp cuing the Due Dill once Period to Invest old Hno Pro Ott mild Ilia imasaction oon11601� aled by this Contract, hlolndlug but not necosserlly limited to ties unifiers dcsodbed 1n Pnmgmplt 2 below, to deice wlialltor Buyer, hh Dnyees sole dkaroHon, will proceed with or tong fates Ilia facilitation. p) "ButDlligeteo Peel's A negotiated amount, Ifany, paid by Buyer to Sailor with this Compact for Buyer's tight to eonduct Due Dtllnanea donna the bue nllleenca Period, D sluill be Ilia uroueav of Saller unon the lilfeallvobnto gild shalt ben credit to Duver at Oil n p) "Due Diligence Perled"t on Ilia Effective Data gild or to assert annyy dorense, as to the onto Pee, It belag tho Intent of Hie A to Ilia oxistenco or amount orally nloncdiion lda,�clntteyAeeostadlcra5eonvoyoldthe s ineonlopplalodbyHillCotrat,Inoter ungIi dsIaosaemndftruohlonorvodocuments, the ties attonley'a rccolpt ofahl A1ads necessary to eompleto ouch tmns"cHou, �U"Sattlemednato"lThopartlosa�fee that Seulomeutwllltake Place on Z l o "Setllenontnate"), unlcu otlwnv so agreed In wiling, al a Ibno and place des grated 6yDuycr. ra► STANDATM FORM J2-T 013 Buyer Initials l t1 -- Sollcrin(tlols� lfovlsc0d7�01a Iaeainaw7,tljaam9ty>ia+dr soorome�rur++warmw.nws,neoxa �,.__Y - 10511 At DCM WECEIVED ILMINGTON, MAY .12014 Dowtutin Envelope ID; AOACOM-03EE-4000 95A8-A035i 7AOR?AC (arm) "Closing'4 Tho completion of the legal process which rest in the hnnsferr of III to to the Property from Seller to Buyr, which Includes ilia following etc s; (1) Ilse Settlement (dctncd above ; (2) ilia coin sletion of a satisfaciory title update to the Pro,serly following the Settlement;') the olwing allorne 's receipt of null'foilzallou to d�sburso all necessary fords; and (4) recordailon lit Ilia ar,proprlato county scgistry of ilia deed(s� and deeds) of irost, If ag, which shell lakoirlaco As Soon as roarer ly possible for the c using aloray otter Sell einont. Upon losing, ilia proceeds of as a shell be disburse by the oioaing ailorney a accordsoco with the selldcnent slatenleul and the provislo:s of Chappter 45A of die North Carollna General Statutes, If Ilia title update should reveal unexpected Ifens, encumbrances or other Mlle defccfs, or if ilia closing attorney Is not maliorizW to disburse off necessary Ponds, then the Closing shall be suspended and ilia Sclllcmeut lamed delayed olderParograph 13 (Delay fit ScttlamenUCioslug). WARNING; Tire Norris Carolina Slide Dar' has detenufned that Ilia performance of most acts slid services requlred for a closing constltut0 Iha practice of law iced must ha perfornlsd 0 by ml auoroy Ilconscd to pmctice law Ir North Camille, Sinio law prohlbils unllceused lmdivlduals or linos from rendcriug legal services or advice. Although non -attorney I'ltlmnent agerita may portent I1ndled services ice conacdlon vvhh o closing, Ihayy may not perfori aft the acts and senviees required to compplete a closing. A closing involves slgnlB0 legal issues that should be, handled by an attorney. Accordingly Id Is the pos 101, of the Nonh Carolina Dar Association and the Nonh t}rroiina Assoolati0 of w AT;fORSO tint all buyers should hire an aitornoy licensed lu Nari6 Caroilnn to perform a olosing. (n) 1181)Mai Assessments"i A charge against file Proµ dy by a go Vela1010111e1 allthoflly In addition to ad valoreln tAxos and recurring govcrnmantel service fees IavleJ with each taxes or by an owners' euoalation fit addition lowly regular essessmall (duos), cillmer of witch may be, a lien against the Properly, A Spco�al Aescuumnt may ba either proposed m• comgrnxd. 'Proposes) Special Amessnueml"i A Speolal Assessment that Is under formal consideration bill width tips not bcell approved prior Is Sclticnunt "Corpvmcd Spcclul Assessmo t"i A Special Assessment that has boon approved prior to Sollfonerd whether or rot It Is fidly payable at time ofSctticmcid. 2. BUVBR'S DUE WAGENCE PROCESSt (a) Isom During ilia Duo Diligence Period, Buyer, m Buyer's oxpenso, shall be entitled to pursue qualification for and approval of 111Is Usti If any. (NOTEr Buyer is advised to consult with Buyces tender prior to signing this offer to assure, that the Due Dlllgerice Period Allows au[tolcnl time for ilia appraisal to be coutppleled and for Buyer's lender to provido Duycr suffioiud Information to decldei whclher to proccod wits or lermlmato (lie tmosecilou sinew thol.osn Is not a condition of tile contract.) Property Invosilgatirn Dating the Duo Diligence Period, Buyer or Buyer's egcuts or representatives, at Buyers expense, 11 be oillitlad to conduct all dosiled tests, survo's, appraisals Imvosllgnllous, oxoninations old Inspections of ilia Property as yordecrosap re,prla(c Including but NOTlludted'tolhofollowtng: (1) Sot Aud Rnviromnental It pporls to determine whothcr ilia soil Is suitable for Doyer's Intended ilia and wholhar titers Is any envhonmcutal centaminolton In%v, rule or regulatlon ilia( may prohibit, rosirlot or thrift Buyer's Intended uso. (11) Septle/Setvar System Any alg(cablo invcstlgadon(a) to dNundno: f1) ate colvildou of an oxistu sewage eyslan, (2) the costs and expenses to Inslall A sewage system approved by an oxlsling Improvemosl Perth, (3�the avelfabllhy Pill expense to connect to a IItublfo or commrodq, rower system, and/or (4) whclher an Improvemnonl Permit or wrllten ovaluallon may be, oblaised from the CountyAeahb 1) rotmoi d for o sulinblo ground nbsorplloa rse%vn8o systent. (III) WAlori Any applicable tnvasligntion(s) to delamd"o:�l) Ilia condition of am oxlsling private drinkingg water wall, (2) the cos(% and cxperuas to Install a priva(o ddnking water woll approved by an existing Coustru lon Permit, (3) (lie avallablllty, costs slid oxpasos to connect to it publio or commonly sails- system,ou of a shared private %yell, llor (4) whether a Cousinretior I'omsi( may W obtained front ilia County Health Deparintclml for a 1)rivals drhlkhig %yaler wall. ,(IV) Revlow of Doemncnbl Review of ilia Dcolarn(lon of Resuiollyo Covenants, Bylaws, Art ales of Incorporation, Rulcs slid Regulations, anti other governing doetunaus of Any apptenble owners' assoulallon and/or subdivision. Mile Pioporty Is subJul to reggulstlon by au mnra0, association it Is realalunended that Buyer roviety Ilia completed Ownete' Association And Addendstm (Stotdard Pam 2Al2-1) provided by Sal tor prior to signlng this of@r. (v) ApprilLsalstAnnppmisolofthe l'roperly. (vl) Sm voyt A survey to dotermiw whclher the proycny Is suitable for Buycel; Intended use slid file location of easements, so@ae s, property boundaries and other issueswhichtroy ormaynot eonstitutetitle dofcets, Page 3 of 9 Pis STANDARD FORM 12•T rievlsed 112013 Buyerhv1Ihd �S sellerhillials >0712013 hWxedMri LpfaMaiydiloyx teorOrrnes�nbSON, Frohw, nxAV,n10D7a HwatlyiDycWp nOAINM RECEIVED RECEIVED DCM WILMINGTO JUN 2 7 2014 MAY 212011" DMVEMMY DOettatgn Envolopo lo; AOAOOYIA43PP 4oe0,MktiAavSITAonaAo 3. (o) (vil) 7.onlug mid Governmailal Rogultillont investigation of entreat or proposed zoning or other govcnsmcnlat to illation that may DOW Buyer's Intended use ofIlia Property, adjacent land uses, plonncd or proposed road consftuction, and $chool allondanee sonar. (vlll) Flood Hazards lnvosfigallon of potential flood hazards on ilia Property, and/or Pity requirement to purchase flood Insurance in order to obtain the I min, (ix) U1111gtu anti Access Avallabllltyy quality, and obligations for maintenance of roads mid utilities Inolading olecido, gas, eommunioallwr services, stornnvater management, gild means of items to IhoPropety and anienilles. to dausago to 1110 propoily blo for Pay damage caused surveys, examinations mid (dl Hrdomullys BPyerwlll Indemnity mid (told Seller hamless from all loss, donlego, elahw us, sulk or costs, hlclt strati also out otpPuy contract, agreement, or injury to any person or properly as a trsull of any activities of Buyer and Duyces agents and contractors rctaNng to ilia Proper ttyy except for aup loss, damage, olatin gulf or cost MAPS out of pro-cxisling conditlmhs Office PropeHy ai Vor on{ of Seller s negllgcueo or wIIINI acts or omissions, This Indemnity shell amv)vo Oils Contract end Pay tenuhudlon (hercuf; , t3ostOils o olllornv llton notice eof for it eltonn (O osl"romatnationrNotice")dsurhtg the Dne TA ges¢e Period (ortanyyemaao��rnrae yuppcoo i written extension oflhoDuaD111gencePeriod),VAIRBVINOO1: PWHUY'SEATE,IfBuyerthuslydeffOrstheTomda811011 oOce,fills Contract shall be lerminalcd slid thaBarucat Money Deposit shall be reflmded to Buyer. (t) CLOSING SHALL CONSTITUTE ACCRPTANCE Op THE t ROPEII'fY 1N ITS THEN EXI817N0 CONDITION UNLESS PROVISION IS OTIIE11I1vISE MADE IN IYEI'fING. to purchase ilia Property. If Bayer Is at NOTEt Buyoi's obligations under flits Contract are not eondilloned upon obtaln6ig or closing any foal), If UP,yor I�eprosents that =Troyer does not Itavo to obtain a new total sit order to purohaso the propperty, Scllor is advised, prior to slgnlag Oda nDer, to obtain 011)tallon from Buyer whlch danooslrates that Buyer will be able to oloso on Iho Properly Wthout ilia necessity of obtaining a note loan. (b) Other Proper! t buyer(] does(� does not have to soli or lease other real propperly hr order to qqualll) for a now torn or to complele purolPs". NOTPI Il i:tsiyyor does have to Boll, Buyer mud Seller should cvnslder Including P Colingonl Salo Addendum (Slnndard Pomt 2A2•T) wilyls ibis alien) (eondliionnssexistingor e ofllmdateofflitsomethatwouldpfprolib11Dgyerplainpersforml annyo?alimuiolnlobligationsInsocordonce lvllh fills Conirsol, except as may be speolgoollysetfalill Iorohl, Pago d of9 Huyeriullialsl_ Sellerisdttals c'/� nvawa�ndPr�uni�enfononsannuaaxtnre;wnunreaa r�sr,ms STANDARD FORM 12•T Revised 711013 0712013 RODIN M RECE V D DOM WILMI TON, NO MAY 21 014 Docufta CpMopo ID; ACACC7tA-03fP.40eDdl6AE-Ao3617A0n1AO 4. BUY10t ORLIGATIONSi (n) Olritet' Association PeeslCilelge3: Buyer Shall pay any fees rcqqulred for continuing account payment intonllatloll oil owners' associRtoll duos orassesslllellis for ppaywent or proration and any eiloge mado by the owners' association in collncclloll with Ono disposition of the proptutp WWI )oq lueluding any transfer undlov document ha imposed by oho oivacrs' assoclation. Buyer shall not be raslwndblo for fees tnourred byy Seller fit completingg the Owners' Association Dlsolosure and Addendum For Properties Bxenipt from Residental Property Use slue Statement (Sla i ord Porns 2A 12-T). (b) Responsibility for Proposed Special Assessments) Buyer shall take title aulgect to all Proposed Special Auessulenls. (a) Re3polslbllily fog Certaht Costst Buyer shall be rosponslblo tot- all costs wills respect to any loam obtained by Buyer, al)imlcal, tide search, tillo Insurance, recording the deed and for pleparetlon slid recording of all lnslnwnclus required to secure die balance of the purchase Price unpald at Settlement. 5. SELLER 14EPRESENTATIONSs (a) Ownershlpr5ollerropresentsfirst Seller: has awned Oto Prolwrfy for at least ono year, Ices owned tho Property for less )ban ono year. does mat yet own Ole Property., (b) Assessmets; To the best of Sellea's knoavledge there are no Proposed Special Assomnents except is follows (Insert "None" or tlha ldenliticnllon ofauch nsswsments, Ifany);1,(0� .—. Seller wanaols that there are no Confirmed Special Assessments oxeept (is follows Visert "None" or the IdeiuMeation of such aseessl11ents, lfnlly); HOLDEN SM4011 SMNSR ChFXTX"XSATXOlt F,BE OF 849 30 (o) Ownera'Amoentiun(s)still DucinTobolofflollePsknowicdgo,owncrshipofthoPropcfty Usub )ms0docsnot sub)eol tinyer to regulallon byy one o more olnwrs' sssainllon(s) end governing doeunuuls, whla!1 im soso unions nwndaloq� covenants, conditions slid lestdcllota upon tlso Property and Buyces a Joynrert lhoreof, inoludingg but uul Ilntled to obliggeliois to pay regular assmilic is Idles) told Special AssessmCnts, If (here Is an cullers' assoolallon, Ilien of O\vnera' Assoolallon Dlsolosure and Addendum ParPropsttles Exempt from Residential Propperrtyty Disclosure Slflteuenl (Standard Penn 2Al2-T) shall bo cwnpleletl by Seller, at Sallef's axpeoso, and roust bo eltached as cos addmldatn to tills Contract, (d) SowagoSysteu Pernlill (❑ Appllcnble ® Not Applicable) Seller warrants that the selenge system described In the Inlprovemcnl Paamlt altnehcd hereto has been Installed, lvh pit mpresenfntlon eurvivo3 Closlug, bur makes no Mather ioprosenintlons as to Olo syatun. (a) ([] Applicable W Not Applfcablo) Seller warrants OW a private drinking water well has been Installed, which reprosenaflon survives Closhig, bill makes no Ratter representations us to the well. ((rwoll Installed aRr July 1, 2008, nlleeh huprovement Perndt hereto.) 6. SYMMOBIAGATIONSt (a) ivldeaco of Title: RoHu agtces to use best eRo is to dallver to ]su9er ns soon as reasonably possible tgcr oho F.fiecllvo Dale, cohla9 I'll flRe hlfalinallall In lIQS5e3510t1 of ar AVBIIat la to SOIIar, (neludng but not "I'lled 1o;11t'a nsuranoo poliales, altomcp's op miens on title surveys, covcnalds, deeds, nolos and doeds of hrust, lenses, and eosen ants rolRling to the Properly. Seller mdlwrizes: (1) annyy ellomey presently or prously reprasurling Salter to release slid disclose enylhlc Iusorenco Polley hr such attorneys file to ll1 er and Isa(II I1lU'ere flrld SCIIerb agents and nllomo s; and (2) she ProPerq•'s title Insurer o its ngcnt M raleasa and dlsolnso all utnterials bi )lie Propedys 1i110lnsurer's (or Illlo hlsurcra nits, Rlo to Buyer and both 1JuycPs cord Sollce ngauts and attonloya. ray exlsing ulllifl ) durnigh llloAccess torearlier tofClaInssh%ior possession om Seller aby It ycr,ll provIdo slnctudtng, but casonablo onot ss tBulliedrtoaallolving die Bitsyerworkiall opportunity to conduct a final walk-through inspection of the Property. To Fite exictt applicable, Sollcr shall also be resporillo far Itulnty olaerluf that potion orlho Property requlrcd by file Cannot y to pelfornl tests, Inspections tlWor evnluallola to detclullno ilia suits llltyofItoProperlyibretsomilosysbunand/orprivnlodrinkingwiderwell. (o) R urlOYA1 of 150101's Property: Sollcr shall remove, by the data possesslon Is mado nvsilablo to Buyer, oil personal property witch is not apart of the pureliaso and nil gatbego and debrisfront tlto 1 roperty. Page 5 of as Buyerlulllalsl NwJ Sellerhlltlals HOdw td\�M,tpF'Mn11b/S�LOQk 1aalGrlUNUra RAA(rf11 N�WfA)N4CON r.WNePIOOnJGe1 STANDARB FORM 11 T Rovised 111013 0711013 ROBIN M RECEIVED DCM NC JUN 2 7 2014 DCM-MHD CITY boee9lan Envelops 10; AOAC071A-03FF49e0-OME-M3617Aa02AO (d) Affidavit and Indemnification Agreeoenlr Seller shall YLrulsh at Settlement An aDldawtl(s) and Indennlfieation ogroemmul(s) In form aatisihotory to Buyer and Ilmyer's till* Insurer, If any, axeouted by Seller nod Any person Or entity who has performed or ftunlshed labor, services, walerlala or rental equipment to the Properly wllllo 19.0 days prior to the date ofScldentent and wlho may be entitled to olalnu a Ilan Against the Propody as described !n N.C,O.S. 644A•8 vorlWoji that each slrch person or entity has been paid It hit end agreeing to Indemnify Buyer, Diver's Iooder(s) and Duyer's title lower against oil loss from any cause of clalol arising themproln. (c) Designation of Lieu Agent, Payment And Sallsfaollan of Llgme If required by N,C,O.S. 144A-11.1, Seller shall havo designated a Llcn Agent, and Seller shall deliver to Buyer go soon as reasonably possible it copy of tits appointment of Lien Agent, All deeds of ttasl, deferred Ad valorem taxes, liens and other charges agnlusl the Property, not assumed by Buyer, must be paid slid salisfled by Seiler prior to or at Solikintat and, that oancollellol may he pronlplly obtained following Cloilog. Seller shall remain obligated to oblaln any such cancellations following Cleshhg. (t) Good'111le, Legal Acco4st Sailer shall Memo and deliver it OBNBRAL 1VARRANTY DEED for the properly lit recordable toms no lahNhan Scllleglcnt, which *ball convey fee simple marketable end Insurable till*, without ox«ptian for mecihaulo' hens, and lteo of any other Ilona, encumbrances or dcfcols, Including those wldolt would be revealed by a current Bind accurateanvcy of lhoProperty, except: ad valorem loxes for the current year (prorated through the data of Settlement); ullll(y casements told unvlolated covenants, conditions or rcsidotleua that do not materially aflool to voles of tie Property; end such other liens, cocurihbroneos or dolools as may be assumed or sticolflaally approved by Dnyer In writing, Tie Propody must lows logni access to a public right of way. , (NDTIis Atlyces failure to lennlnats this Coulmet prior to tho expirallah orlho Duo Dlilgenco Porlod as it result o(Any aleunbrance or dofeet Ihdt Is or would have been revealed be a title examination of the property or it ommul and accurate survey shall not relieve Seller of any obligation under this subparagraph) (NOTBt If any onto of the Property may be a "short $elo," considaatial Should be given to Wading it Short SAIo Addelldtrm (Standard Point 2A 14•7) as on addendum to title Centrxol,) (g) Deed, Idxclso Taxer Seller shall pay for proparmilon of a deed and all other documents necessary to petfomt Sollars obitgallons under Itils Coutraol, and for state rind county oxclso taxes required by law, lite dood Is to be made toj AS DIRECTOO 8X HutrNlt AW on A08X088 - -- — (h) Agreement loPay)loyarExpenses- Seller shall PAY ntSe111onheugN/A toward any ofDuyet's expenses associated with the purohesoof thepropetty, loss any potloo disapproved byBuyces lender, NOTEi llxamptas of Buyors expenses associated with lho purchase of the Property loohudo, but are not Ihullad to, dboount points, loan origination took Appraisal has, atlomey8 fees, Inopooliou lea, and'poe-palls" (taxes, Insurance, owners' assoolallon dues, eta). W Vilyment of Confirmed Special Astesshnentsl Seller shall pay fill ConBlmed Specal Assessments, If sty, provided that lho consent thereof can be reasonably determined or estimated. Q) LateldstiugPenaltessAllproportytatlate[)stingpatallies,lfaty,shaltbopaldbySellen (it) Qmlets' Association Blsetasuro cord Addendum For Pmperiles } senpt from 1tesiden11Al Prope4yDlseloattrw Statetucnt (Standard Pamn 2AI2-'1)t If applicablk Seller shall provide the completed Owoors' Assoolallon Disclosure slid Addendum Per propotiles IIxempt Not kosidontlalPropertyDtaelosure Slalcnunk IoIInryer oh or Infers tits BSlcllvo Dalo. (I) Sellos$ Failure to Comply on, Brcndn If Seller falls to malolally comply with city of Scillies obligations under this Paragraph 6 or goiter materially breaches this lbnheol, and Drryer gloats to termhlalc ails Colract as A minitt of such failure or breach, that the EarneslMonoyDeposit and IhaAna Dlligarce Kea shall be le)hndcd toBuycr and Seller ahail reimburse to Buyer ire lcasossbte costs actually incurred by Buyer lit connection with Buyers Dug Diligoneo without affecting ally olhorrcmledles, If legal proceedings arc brought by Buyer against tits gaiter to recover lite partial Molty Deposit, the Due Dlligance Fee and/or the reasonably costs actually Mounted by Buyer In connection with Divot's Due Dillgoneo, the prevalling party It the proceeding $ball be emitted to recover from the nos-prevallhtg party mosonabio attorney foss and cout costs Interred In connection with the proceeding. Page 6 of 9 STANDARD FORM 12-T P�o� R*ylsed911013 Duyarinlllaly, Sellerinhlals + 0712013 pydxalp9hdyrpmae�tyteatION RMMmeaoWFNlVJft N4M6 WeAdpudeM HOWNA1 DCM NC MAY 21 rroouSlgn Envelope ID: ACACC7IA-03FF-40e0-ME-A03517Ao0?AC 7. PRORATIONS AND ADJUSTMENTS: Unless odterivise provided, ilia following Items shall he prorated through Clio data of Soldoment and either a�uskd between the parilos or paid al Settlement: (a) Taxes on Real Property& Ad valorem loxes and recurring govenanenlol service fees levied with such taxes on real propetly shall be prorated on a calendar year basis; (b) ReotinRents, Ifany,for the Property; (a) Dulso OivnW association regular essessincilis (dulis) and other like charges, 8, CONDITION OF PROPERTY AT CLOSINGt Buyer's obligation to complete the transaction contemplated by this Conlraot shall be conllogeot upon tho Property bola& In substantially (ho tattle or better condition At Closing as on the date of Mils offer, reasonable wearandtearoxeepled, P. RISI( OF LOSS& The risk of loss or damage by tiro or other casualty prior to Closing shall be upon Boller. If she Improvements oil the Property are destroyed or materially da isged prior to Closing, Buyer nay (ennlasto this Contract by wriikn notice delivered to Seller or Soller's agent slid Ilia Raines( Money Deposit and any Duo Dlllganco Pea shall be rcNnded to Buyer, Tat Ilia event Buyer does NOT elect to lemnhtale Ills Contract, buyer shall be entitled 10 r=1110, In addition 10 Cho Prolw(y, any of SelleeS Inaurallce proceeds payable on account of the damage or destination applicAblo to Iho Property being purchnsed. Setter Is advlsed not to cancel existing Instuatco on thoProperty until after confirming recordation of Cho deed, 10. DELAY IN SWITi,EMENT/CLOSINGi Absunt Agreement in ilia entirely in this Wilmot or any subsequent uiodlRcadon thereto, If a laity Is unable to complete S0111e1tont by Ilia Sellleniant Data but tutcnds to oampielo tho lransaollon And Is acting In good fallh mid with 'reasonable diligonoo to proceed to Seines lent ("Dolaying Party"), and if the other patty is ready, willing and able to complete Settlement on the Settlement Date C'Non-Delaying Poriy") glen Cite Delayilm Pnsly&hall give at much notice as possible to Iho Non-Dcinying Party And dosing altemay end shall W entitled to n delay In Settlement, If(he parties fall to complete Settlement and Closing wlgdn founeon (14) days oftha Settlement Dnto (Including tiny Amended Settlement bate agreed to It, wrlting by the parlias) or to otherwise extend slue Settlement Data bylnil(on agroanent, than the Denying Pally shall be in breach and the Non-Delaylog Party may terminate tills contract aid shall bo milled to enforce any romedles available to such party under this Contract for the breach. 11, POSSESSJONi Unless otherwise provided herelo, possession shall be delivered At Closing as depncit In Parngnaph I(m), No aherotlmis, excavallona, Inca orvegotadmi removal or mbar smolt noRvitlas may be dote Cetera posaosslon le dol[vored, 12, OTHRR PROVISIONS AND CONDITION& CHECK ALL STANDARD ADDENDA'THAT MAY DE A PART OF THIS CONTRACT, iF ANY, AND AYTACIT IB ffliTO. ITEMIZR ALL OTIIUR ADDENDA TO THIS CONTRACT, Rn ANY, AND ATTACITHPRBTO, (NOTEt UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARB NOTPBRMCFIBD'ID DRAFT CONDITIONS OR CONTINGENCIES TO THIS CONTRACT.) AddI lunal Provisions Addendum (Fors 2A1I-T) ❑ Loan Assumption Addendum (Form 2A6•T) Book -Up Contract Addendum (Penn 2ALT) ❑ Owners' Association Disclosure And Addendum For Propedios ConlingentSoto Addendum (Penn 2A24) fikempt from Residential Property Disolosurc Statement (Form 2Al2.T) ja H�] Seller FinaichngAddendum (Form 2A6-T) $halt Salo Addendum ([term 2A14•T) 13. ASSIGNMENTS: 7111s Contrsot may not be assigned without the written content of all patties except In connection with it tax - deferred exahatgo, but If assigned by ogrcanent, then (his Cootreet shall be blading on the assignee and asslgnt:4 hells And aloeessors. 14. TAX -DEFERRED EXCHANOEt In the event Buyer or Seller desire& (o effect a lax-doferred exchange lit connection wv11h 1110 oonvoyanca of the Property, Buyer and Seller agree to cooperate In eli'ccting such exchange, provided, however, that the exchanging party shall be, responsible for All addillorml costs associated with such oxchatige, and provided Ntther, that a no -exchanging patty shall not Assume, any addllionsi liability with respect to such tax -deferred oxehango. Buyer mid Sellershall execute such additional documents. Including assignment of lids Contuaot In connection (herowlth, at [to cost to the nos-exchaughug lady, w shall be required to give elibol to (his provision. ��as Pogo 7 of BuycrinitlelsSellorinlflals lloaxel,dhYpramab/apteek tBJTe1N1F1YNibk(Day-, akMqul/tea wra]y'.neE{ram STANDARD FORM 12 T ltevlted 7/2013 b 7/2013 RORIN At RED JUN 2 7 2014 DCM ,NC DCMMHDCiTY MAY � r. OwSlgn Envelope 10., ACACOfiA83FF•4881)-9$AC-AO51%A0a?AO 15, PAUTIM This Contract shall be binding upon and shall Inure to tile banofil of Buyer slid Seller and Iholr respective halls, successors and assigns. As used horahn, worts fitilia singular htolude lira plural slid the mnseullno Includes Ilia hintnloo and wrier gendors, as appropriate. 16. SIIRVIVALt Irany provision Incrolu contained which by ha nine and ofltot Is required to be observed kept or perfbrrined after Ilia Closing, It shall survive the Closluji and remain binding upon said for the benolh of the parties hardo until filly observed, kept or porfimad. 17. IIN1'I11R AOIIEEMENTi This Coulmot ooutdns the entire sgreonmsl of ilia parties and thing are no representations Inducements or other pprovisions miler than those ex rmed herobn. All ohanges, Additions or deletions hangto must be to writing ens( signed all parties. Nolldria coulahted Iarela the11 alter any agreenent bUweml a )LAIVORO or broker and Seller or Buyer its contaliby inenyllstingegrcenlent,bsryorogmicyagreement, orany otheragonyagreementboltvconIheal. 18. NOTiCEt Ally Rolice or communication to be gglvan to a rally hereln nls be glron to ilia party, or lo'such party'& sgont An twlltai nOtica or communieslton In conuccttat tvilb llie trensaellnn conlcioplated by Sds Ceuhaot clay bo given tog pagy or a part & agent by sending or Iransmittiog It to any malliug address, Gntall sddngas or fax numboe got firth In Ilia 'Notice Ldbnnation" Oct on before. Seller and Buyer same that Ilia "Notice information" and "Esorow Acknowledgmelit" sections below shell not cottalilule It malarial part of Oils Contract, and that ilia addition or modification of any flsfomnatlon therein shall not Constitute It ro)eetlon of an offer nr the creation of a counteroffer. 19, )9XECU'PiON1 Tits Contract may be signed In mnlliple originals or counterparts, all of which together constitute one and ilia Santa insWment, slid ilia parties adopt Its (heir goals ilia word "SIIAL" beside their signatures below. 20, COMPUTATION 011 DAYSI Unitas olhemiso provided, for purposes of this Contract Ills tone "dsyse Abell moan conseativa ooleadar drys, lnoluding Salordays, Sundays, slid holidays, whather federal, eta% local or toligio is, For ilia purposes of calculating days, Oro count of "days" shall bcghn on ilia day following Ilse day upon WWII any Rotor Rolice no provided In this Contract was required to be pettotmed or grade. nis offershall becomo a blodhng contract on ilia Uffootivo Data, !� mist &lore 014 pp Dalet 7 9;2 Buyer9 [ii (SBA6) Seller sye•.� (MAL) iiRRii AYrgN ANDIRUR t30LNXCX AS TRUOTRE FOR Met Brayer (SHAL) Draw. Buyer (SItAL) Datot Seller mf (SEAL) Data: Seller (ANAL) Page 8 of9 Prdxa&"M#'dl"DnNdriape Ig07aFJamin"rb+r.RuN warrN/00M RwaaYlessrwn STANDARD FOAM I2-1' Revised=013 A 7/2013 ROMNM ED DCM WIC I IGTO MAY 212094 Dm tpn Fnvaispo ID:ACACOrIA-OMF486D-95AH•AO3617AODZAO NOTICE 1NFORMA•F10N 7HADDRESS ELECTRONIC ERY 1S °HH RR IPTOF ANY CONTEMVIATUD DY TTHISCNT1tAC1INSERT 4N/APOlt ANY WHICH ARE NOT APPROVED.) WUR NOTICE ADDRESSt SELLER NOTICE ADDRESSS Mailing Address: WINDY POINT ROAD, SUPPLY, NO 90462 DgyerPnx#: Duyerlr1 nlali:aoao'ZRM lCAH.oas 89I,13NG AGENTNOTICEADDRES41 Plan Namo:CRNTURY Zl A)iHR AMOLD Aoling as($(PayeAa Ag!TTda Semi foes (sub) AgentLjDual Agent MallingAddrcss:309 0WAH09811 DRIVR 8H, 82214Y, W 29662 IudividualSolHngAgent;Aswrx ARouaq, ❑ Acting as itWangled Dual Agent (obeokonlyifapplleablo) Licenso ll;}76144 Selling Agent Phone#; 91( 0)612-81.7b UlingAgent Fa* (910)042-6773 Selling Agent D•mall; aml•avolaaeeher.etM Melling Address: Seller Pax#: Seller F.-mail: LISTING AGENT Flrnf Naie:CENTUNY R1 )3AltRF= MALTY Acting as Co Soltces Agent ❑ Dual Agent Mailing Address: 4720 IHUIRwm WORT DRsooz RD, NORTH NYRTLR SRaOH, 80 99582 Indlvldnal Llstlug Agenh Kw DAxvAWN Acting as it Designated Dual Agent (cllcok only If applicable) Liccoseil: 9g021 ListingAgentPilone#: (643)390-1090 Listing Agent Its* (843)333-2228 listing Agent Fronts: ESCROW ACI(NO►VLEDOMENT OF INITIAL EARNEST MONEY DEPOSIT Properly:138 BNORDYI811 DRIVE HOLDRW RRACIt NC 26462 Seller: ANDMM ROLWICK Ali 'TRUSTER FOR, XWN DUYCr;n�Dtu k BANDIi'ER EscsnR Agent adntowledges recolpt of the Ddtial Enrneat Alnnoy Deposit And Agrees to 1101d And disburse tlta same lu accordance wlNsthotermshle'r�gof + y1 Data , t — 1 I Pitt cRNTURY 21 ion AR',tOLD Ey; �ltJyrl� C S gnaluro At®IR ARONSR (Print nano Page 9 of hW40%thWem0Mai3Le0M Ieerortlua nNlro•/. A+W,iWra+n/Mrs m&4L tw,1 �. RECEIVED STANDARD FORM 12.7 Revised 7/2013 0 7/2013 MAIN M RECEIVED JUN 2 7 2014 DCMWILMINGI MAY 2 120 DCM-MHD CITY NC DocuSlgn Envelope ID: E7054F4D-188D•40B8-B4BF-C266FEA32035 ADDENDUM TO CONTRACT Norlli Myrtle Liquidating Trust Brunswick County, North Carolina 133 Swordfish Drive ales Lot 21, Harbor Acres Holden Beach, North Carolina This Addondum to Contract is made effective as of the date last signed by Seller and Buyer, below, with reference to lire Property identified in the Offer to Purcbnso And Contract -Vacant Lol/Land, as identified heroin (the "Contract"). Properly: Lot 1121, Harbor Acres, Parcel N246AI3044, 133 Swordfish Drive, holden 13e0011, Brunswick County, NC. Ili consideration of the Seller's acceptance of the Offer and execution of the Contract, Buyer acknowledges and agrees as follows: I . The record owner of the Proporly is Andrew Bolnick, as Trusleo, for the North Myrtle Liquidating Trust, U/A dated Septembor 12, 2012 (the "Trusleo"), and rho Trustco is line "Seller" for all purposes under the Contract. '1'ho'frtisteo shnil have no porsonai or Individual liability under tho Contract, whatsoever, and any liability on the part of the Seller shall be limited to lino specific portion ofthe Trust assets that comprise the Properly that is the subject of this Contract. 2. Notwithstanding any othor provision in the Contract, the Property is offered and sold under the Contract on an "as -is, whore -is" basis, only, with no representations or warranties whatsoever ninde by the Seller, and Seller shall not provide any warranty, whethor express or implied, to Buyer under the Contract. As a'I'rusleo who has owned the Property for a limited time only, and has no personal knowledge as to the history of the Properly, the Seller has no Information available as to its condition, history, or other factors which may be relevant to the Buyer; however, Seller has disclosed to Buyer the potential existence of building code or other issues related to the buikhend/retaining wall requirernonts which may be applicable to the Properly, and Buyer has expressly assumed all risk and responsibility for correction or compliance with any and all legal requirements related thereto. Consequently, the Buyer shall rely solely upon its own due diligence investigation and/or Inspections with respect to the Properly, any and all governmental code or other regulatory requirements, any applicable homeowners or other assooiation(s), deed restrictions, or other factors or requiremonts relevant to the Property. Soldor shall not be required to make any repairs, improvements, or other expenditures with respect to the Property or the subdivision in which it is located, and the Purchase Price represents the agreed value of the Proporty in its current condition, The Buyer hereby releases the Seller froin any pre -closing or post -closing obligations whatsoever with respect to the Property, in the event the Buyer elects to proceed beyond its Due Diligence Period and to close upon the Property, and assumes fill responsibility for any files, costs, improvements or othor matters whatsoever related to the Property, if Buyer closes upon tine Properly. 3. The Property may be encumbored by n tirst security mortgage Ilon hold by the Trust Beneficiary, and tho Trusteo as Seller shall cause any Trust Beneficiary's lien to be released from rho Property at closing upon the Property, in exchange for the net closing proceeds paid to Seller from the Closing. 4. Notwithstanding any other provision in the Contract, at Closing the Trustec's sole obligations shall be to execute and deliver the following documents to the closing agent: tno234844.DOCx1 'DCM WILMINgTIDN, NC* MAY 21 DocuSign Envelope ID: E7054F4D•188DAOB8-B48F-C266FEA32035 a. Special Warranty Doed to the Property prepared by Seller, subject to all covenants, conditions, restrictions, casements or other matters of record, other (hall any monetary liens (which shall be satisfied or released by Seller); and b. An ownor's affidavit prepared by Seller in form sufficient to moot reasonable title company requirements to insure the title; and c. A closing statement prepared by Buyer's closing atlornoy and approved by Seller; and d. A lion releaso prepared by Seller for the Trust Bonoficiary's mortgage lion, if any, on the Property, 5. Buyer shall be responsible for procurement of any owner's title insurance desired by Buyer for the Properly, at Buyer's expense, as well as any nlorlgageo's title insurance or other costs or expenses related to any Buyer financing, without limitation. In addition, Buyer shall be responsible for all procedures related to closing on the Property, including the closing of Buyer's financing, if any, and Buyer shall retain a closing atlornoy in Brunswick County, North Carolina, to consummate the closing and to coordinate same with the Buyer's lender (if any). '1110 seller's solo obligalion shall be to provide Seller's required closing documents pursuant to Paragraph 4, above, to the Buyer's designated closing attorney, In escrow, Pending consummation of the closing and disbursement of the not closing proceeds to Seller, pursuant to the Seller -approved closing statement. Tho Buyer's closing attorney shall coordinate the closing with Seller's attorney, and (he closing shall be a mall -way closing (to the extent it involves file Seller) that does not require the personal attendance of the Seller on the day of closing. Wherefore, the parties have set their hands and seals on the day and year indicated for each party. Buyer(s): ( ��'DecwioMd by: �dlrk At SAkj*r 'MI'YMiNt IRobin M. Sandifor Date. 4/1/2014 tA0234844DOCX 1 Seller: Andrew Boinick, as'1'rusice North Myrtlo Liquidating Trust Date: i1- / i v MEWED JUN 2 7 2014 DCM MAY 2120 NC L^CU VUD MY K A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 20, 2014 Robin Sandifer 3737 Windy Point Road Supply, NC 28462 Subject: EXEMPTION Stormwater Project No. SW8140608 Sandifer Bulkhead and Fill Project Brunswick County Dear Robin: John E. Skvarla, III 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 June 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 21-1.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at linda lewis oC�ncdenr.gov. ASin, -� For Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/arl: G:IWQ\Shared\StormwaterlPermits & Projects014I140608 Exemption\2014 06 permit 140608 cc: Brian Murdock; VCC, Inc. RECEIVED Brunswick County Building Inspections Holley Snider/Shaun Simpson-DCM/WIRO Jonathan Howell, DCM 'f JUN 2 6 2014 Wilmington Regional Office Stormwater File Division of Energy, Mineral, and Land Resources TrCM-MHD CITY Land Quality Section — Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 / Fax: (910) 350-2004 An Equal Opportunity \ Affirmative Action Employer • 30% Post Consumer Paper • Internet: htto7//portal nccienr orgMe—Mrl AO'd NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 9, 2014 Division of Coastal Management MEMORANDUM: TO FROM: SUBJECT: Applicant: Georgette Scott Stormwater Section DEMLR - WiRO John E. Skvarla, III Secretary ECEIVE JUN 0 9 2014 BK Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA / Dredge & Fill Major Permit Application Review Robin Sandifer Project Location: 133 Swordfish Drive, adjacent to a man-made canal off of the AIWW, in Holden Beach, Brunswick County Proposed Project: to construct approx. 50 linear ft. of new bulkhead, and to fill approx. 370 sq. ft. of shallow bottom habitat & 250 sq. ft. of high marsh 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 June 28, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 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 T rRECEIVM iUNN 2 6 2014 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net DCM-MIiDCI7Y An Equal Opportunity 1 All mrative Acdon Employer r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 9, 2014 John E. Skvarla, III Secretary Division of Coastal Management `" )UN 2014 MEMORANDUM: c 5 JYED G. W•o` 1t �t TO: Maria Dunn fp NCWRC �6�ez` 9ZS 0 WaRO / WiRO FROM: Jonathan Howell, INC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: Robin Sandifer Project Location: 133 Swordfish Drive, adjacent to a man-made canal off of the AIWW, in Holden Beach, Brunswick County Proposed Project: to construct approx. 50 linear ft. of new bulkhead, and to fill approx. 370 sq. ft. of shallow bottom habitat & 250 sq. ft. of high marsh 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 June 28, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 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 /1�o. 1�_ DATE 4z-26-?Qtf �,. RECEIV6't� JUN 30 2014 127 Cardinal Drive Ext., Wlmington, NC 28405 Phone: 910-796-7215\ FAX: 910.395.3964Internet: www.ncoDastalmanacement.net 7)CM-MaCt'i'S' An Equal Opportunity 1 AAitmative Action Employer Q.-11A,� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor John E. Skvarla, III Secretary June 9, 2014 RBCEM Division of Coastal Management JUN 20 2014 �UtV MEMORANDUM: 9 20h DCM•-MHD CITY TO: Dan Sams District Manager DEMLR - WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: Robin Sandifer Project Location: 133 Swordfish Drive, adjacent to a man-made canal off of the AIWW, in Holden Beach, Brunswick County Proposed Project: to construct approx. 50 linear ft. of new bulkhead, and to fill approx. 370 sq. ft. of shallow bottom habitat & 250 sq. ft. of high marsh 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 June 28, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: I 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 —U L c 1 . >'1 �i r 4S �__ DATE Le A o / ��• � 4� 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer Fill NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary RECEWED June 9, 2014 JUN 2 0 204 Division of Coastal Management F SUN 0 9 2014 MEMORANDUM: DCM•DIHDC Hy TO: Heidi Cox Environmental Engineer Public Water Supply FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: Robin Sandifer Project Location: 133 Swordfish Drive, adjacent to a man-made canal off of the AIWW, in Holden Beach, Brunswick County Proposed Project: to construct approx. 50 linear ft. of new bulkhead, and to fill approx. 370 sq. ft. of shallow bottom habitat & 250 sq. ft. of high marsh 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 June 28, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: -N, 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. Thi agency objects to the project for reasons described in the attached comments. SIGNED DATE l I Q I 1 q 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity 1Al Minerva Action Employer r NCDENR North Carolina Department of Environment and Pat McCrory Governor June 9, 2014 Division of Coastal Management MEMORANDUM: TO: Shannon Jenkins NH DEH Shellfish Sanitation Section Natural Resources John E. Skvarla, III Secretary FROM: Jonathan Howell, INC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: Robin Sandifer Project Location: 133 Swordfish Drive, adjacent to a man-made canal off of the AIWW, in Holden Beach, Brunswick County Proposed Project: to construct approx. 50 linear ft. of new bulkhead, and to fill approx. 370 sq. ft. of shallow bottom habitat & 250 sq. ft. of high marsh 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 June 28, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. k 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. der 5r,aa,r,u.v Je.vN.Ms SIGNED 1 `oW4,* - DATE (,-12-14( All RECEIVED JUN 18 Z014 127 Cardinal Drive Ext., Wilmington, NC 28405 1)CM-MHD CITY Phone: 910-796.7215 \ FAX: 910-395-3964 Intemet: www.nccoastalmanagement.net An Equal Opportunity 1 AlfirmaMe Action Employer WMENR North Carolina: Department of Environment and Natural Resources Pat McCrory Governor June .9, 2014 Division of Coastal Management. MEMORANDUM: TOG Mark Zeigler WiRO Division of Community,Assistance. John E. Skvarla, III'; Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: Robin Sandifer Project Location, 1,33 Swordfish Drive, adjacent to a man-made canal off of the AIWVV, in Holden Beach, Brunswick -County Proposed Project: to construct approx. 50 linear ft. of new bulkhead, and ;to fill approx: 370 sq. ft. of shallow,bottom habitat & 250 sq. ft. of high marsh Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell atthe address above by June 28, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 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 objectsto the project for reasons described in the attached comments. SIGNED V\N, V1 yl DATE 127 Cardinal Drive Ext., Wilmington, NC.26405 Phone: 910-796.72151 FAX: 910.395.3964 Internet: www.nccoastalmanaoementmet An Equal OppodurRoAllirmativeAcllan Employor ��� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 9, 2014 DISTRICT 3 Division of Coastal Management JUN 10 2014 MEMORANDUM: �xr,r+�pers TO: Anthony Law NC DOT Brunswick County John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: Robin Sandifer Project Location: 133 Swordfish Drive, adjacent to a man-made canal off of the AIWW, in Holden Beach, Brunswick County Proposed Project: to construct approx. 50 linear ft. of new bulkhead, and to fill approx. 370 sq. ft. of shallow bottom habitat & 250 sq. ft. of high marsh 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 June 28, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. --_`T`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 314^- DATE <o .� REC6rVEI) JUN 17 2014 127 Cardinal Drive Ext., Wilmington, INC 26405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net t)CM•MHD(,'R'y An Equal opportunity 1 Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Robin Sandifer c/o VCC, Inc. 2. LOCATION OF PROJECT SITE: 133 Swordfish Drive, Holden Beach, Brunswick County Photo Index - 2006:4-3215 0,18 2000: 4-37 11,18 1995: 4-35 R,4 State Plane Coordinates -X: Y: GPS File: N/A Lat:33°54'38.29"N Long:78°19'S6.81"W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 03/17/12, 06/05/14 Was Applicant Present — Yes, No 5. PROCESSING PROCEDURE: Application Received — OS/21/14, 06/04/14 (complete) Office - Wilmington 6. SITE DESCRIPTION (A) Local Land Use Plan —Town of Holden Beach Land Classification From LUP — Residential (B) AEC(s) Involved: EW, PT, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — None Planned - None (F) Type of Structures: Existing— None Planned-50linear feet of new bulkhead (G) Estimated Annual Rate of Erosion: 0.5 ft/year Source —observed by field staff 2012-2014 7. HABITAT DESCRIPTION: [AREA] DREDGED IJUN RECEIVED 17 2014 DCM MHD CITY FILLED OTHER (A) Vegetated Wetlands (Coastal) High Marsh 250 sq. ft Low marsh (B) Non -Vegetated Wetlands 370 sq. ft. Shallow Bottom (C) Other 1,750 sq. ft. uplands (D) Total Area Disturbed: 1,750 sq. ft. ( 0.05 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to construct approximately 50 linear feet of new bulkhead and fill approximately 370 sq. ft. of shallow bottom habitat and 250 square feet of high marsh. Robin Sandifer c/o VCC, Inc. Page Two 9. PROJECT DESCRIPTION The project site consists of a canal front lot located at 133 Swordfish Street, in the Town of Holden Beach, Brunswick County. To get to the site from Wilmington take US Hwy 17 S to Mt. Pisgah Road. Turn left onto Mt. Pisgah Road, Mt. Pisgah Road merges with NC Hwy 130, and continue on NC Hwy 130. Cross the high rise bridge to Ocean Boulevard. Turn right onto Ocean Boulevard West and travel approximately 3.5 miles to Swordfish Street. Turn right onto Swordfish Street and travel approximately 0.2 miles. The project site will be located on the left: The project site is a canal front lot that measures approximately 50 feet in width by approximately 100 feet in depth. The elevation of the high ground area of the lot averages approximately 2.5 feet above normal high water (NHW). High ground vegetation consists primarily of lawn grasses, woody shrubs, native vines, and transitions to sparsely vegetated high marsh along the shoreline. The shoreline of the property is unstabilized and has eroded creating an escarpment approximately 2.5 feet in height. Vegetation, consisting of mostly of sea ox-eye, sparsely intermixed with Salt Meadow Hay (Spartina patens), is present along the escarpment. Water ward of the escarpment, the shallow bottom is comprised of soft sand, eroded from the high ground and is void of low marsh vegetation. The sand bottom is gently sloping and can be observed approximately 20 feet water ward of the escarpment. The adjacent shorelines have been stabilized with bulkheads. The property to the south has a bulkhead aligned approximately 12 feet water ward of the existing Normal High Water (NHW) boundary of the project site. The adjacent shoreline to the north has been stabilized with a bulkhead that is aligned approximately 15 feet water ward of the NHW boundary of the project site. The NHW boundary on the adjacent properties is located along the bulkheads with no wetland vegetation is present. The project site is currently undeveloped and not serviced by any utilities. The Holden Beach Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Residential. The waters of the AIWW are classified SA by the Division of.Water quality and are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. 10. PROPOSED PROJECT: The applicant proposes to construct approximately SO linear feet of new bulkhead and fill approximately 370 sq. ft. of shallow bottom habitat and 250 square feet of high marsh. As proposed, the bulkhead would be installed, on average, 12.4 feet water ward of the NHW boundary. The bulkhead would have a maximum alignment of approximately 15 feet water ward of the NHW boundary. As proposed, the bulkhead alignment would connect to the existing bulkhead of the adjacent riparian property to the south and would be aligned approximately 4 feet landward of the. adjacent bulkhead to the north. The limits of disturbance would be located approximately 35 feet landward of the proposed bulkhead alignment. No high ground development is proposed at this time. The Town of Holden Beach has adopted ordinances found in the Land Usage Section of the Code of Ordinances 157.025 (D) which states "bulkheads are required on all canal lots. Every property located in Holden Beach must be brought into compliance with this requirement by February 10, 2012." The Robin Sandifer c/o VCC, Inc. Page Three Town of Holden Beach has posted signage on the property on February 10, 2013, notifying the property owner of noncompliance with the ordinance. 11. ANTICIPATED IMPACTS The proposed new bulkhead construction with associated backfill and tie back/anchor system would result in the filling of approximately 370 square feet of shallow bottom and estuarine waters. The bulkhead alignment would result in the filling of approximately 250 square feet of high marsh, located above Normal High Water and 370 square feet of shallow bottom located below NHW. The proposed bulkhead construction would result in the disturbance of approximately 1,750 square feet of high ground. Minor increases in turbidity should be expected during construction Submitted by: Holley Snider Date: June 6, 2014 Office: Wilmington r RECFT M ,li'N' 17 ""'A. (Y VINTAGE To whom It may concern: 3003 Holden Beach Road Supply, NC 28462 (910) 842-7665 OFFICE (910)842-5759 FAX vccbrianldvahoo.com This Is a letter of Intent to construct a new bulkhead at 133 Swordfish Drive on a canal lot that currently does not have one. The adjacent property owners have bulkheads In place and we are proposing to connect from one neighboring bulkhead corner to the other and add fill to complete the project. This will create a straight bulkhead between the two properties. The fill will be at the same level as the adjoining lots. Thank You, PA - Brian Murdock 910-664-0126 RECEIVED JUN 17 2014 DCM-MHD ci ry p. DClul ON, N iI ih 0 �14 I I .gloom Arl permit (fast favis0d 12127[06) North Carolln.a DIVISION OF GUAWAL MANAdEMPENT <F4Dn*fl Continues on b.acic> F-1 E C E I V E D DCM WILMINGTON. NC.,.., scrmotlfJUN 0 4 Form I)CIV1 MP- I (Page 2 of 4) APPLICATION lor MaJor Development Permit - 1 11. .�n" XI I � I I I I I :;; 11 cd. 141, County (can rnwple) Street Address State Rd. # - 6 W,,"all _qq Subdivision Name CKYslate Zlp HA9&9 ACRES 060 SEAGN 0c. 28417- Phone No. Wit. b. Name of bodyof water nearest to Proposed Pr0*t a. In Which No river tkuln to the Project ocated-1 A& ArS MA-t>g CA P a t, 0. 18 the Water body Identilled In (b) above, natural or manmade? 1304tvral D"nfnade UUnknqwn d. Name the otossatmeW water body to the proposed project site. k[WW a. 15PIWP$edwDIK%Vithtneftyllmhsorplanntngjurlsdlction7 t It applicable, list the planning lorlsdiollon or oily limit the proposed Was E3NO Work falls Within. HoLha,�j 136ACH I.. ..., 4. - . -- X2,097, t , �,;r RV m4p �a S414,� 0,. Total length .ofshoreline on the tract (it.) b, Size ofentires nrctlisq,ft.) C. Size of WNWO IT449? 0. APP104male elevation of traztabm NIiW enonrlath%th Isolocw • -#1Ma4lot sues, P18V$Q'aI1a0hocW110fiaIPV*w*h a Itsy Wit-lbonmfWaterfaval) 3.1 XNHW of 13NWL e. V*—Q;la �Im tract G$A55, T060 CvAs-rAL. 06-rLA065 'an4uss; 1. Man-made fealtute­s now on tract PXCENM JUN 17 2014 U. Identify and desorlba the existing land uses ad to the proposed project site. 51 t4rta FAMILY RC-6jbSJC6 DOIAM CITY h. Howdo 5local government zone the Insol? Is MO PtOP034d Project cocialstont With the appilooble zoning—? (Attsoh zonhill wrnpilanos certriloste, N applicable) *as QNo CjNA b 01ROPmPO900ROtOWP4dotanirbanWate0rontfsdovolopmentp"al? ayes VN�0' K flas & Pr0fQssI0n8I ArC11816010410al assessment boon done for the ttaol? Ifyies, py.A It yes,by whom? E 1- 10 the proposed p(Cloo, boated In a National Registered Histo,& olstriet or doe not �e -3 ft Involve a U Registerlisted Nila"Vooral Register listed or aWbia property? Yes EjNo WA 0orm continues on next page> BECF-IVEID \A WILMINGTON, NO si tivr.n.4nnarttlln,anagem JUN 0 4 26'A b p Form DOM. MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. M Are there Wetlands on the site?'Wee NO (I) Are there coastal Wetlands on the she? []Yes *0 ' (fil) if yes to either (n or (m above, has a deilneatlon been oonducted7 gYes Y�rNO . (Attach,documerltaBon, If available) n: Descrl6eardsUngWastevtatertrealmentfadGties. 59�iTAR`i S�(sf>R $•YSTEP't o. Desivipaerdstingdr(nkkrgwatersupplysodrbe. PttOatG WATEK SYS-M.11 p. Desodbae*lingstormwatermanagementortreahnenteysteme. �,1 orjl: 6{ -NIR .. i<' SK (i.}�. ,F'NYT.:�Y -. I �T :. t ::T,L. �^.: } a }R..•� 4 � �.,..'.".:i•.;,^-},t:^r::`fi ...le. e.WA dlheprojecttiaforogmmeroial,pubfto,orpdvateusa7 e}a5L �::�� gtommerctatfppubdG4ovemmem PA WA-e6rivale/Community b, Give a brief dWrIpttonofpurpose,use, end dallyoperations ofthe project when Complete, Cor�s�rRuc.-tror� of Qt!{t•1Kt16AD To PtaE�6a7' �RaSlor� Ptn.46nsar of Ftc( MA-roajAc To ,GEkiEt- "CRAC.T c, Desgibe thq prgposed cyrrsVuotlon methodology, types of canetrdotbn equ pineni to be nsed during bonstruclbn, the number of each type of equipment and where It Is to he atoced. MIFF EtcGAVAToR HAjib Teo(-S d. LlstaltdevelopmentactMilesyoupropose, see 1'rinn e. Are the proposed activ!ties Maintenance of an b*ltng p(gleot, neyr Work, or both? ?40 work L What is the appro#male tot J ddVurbeddlland ores resulling from the proposed project? .Ft or QAcres U. Will the proposed projrzctencroach onenypublbcaseipent,p6bibecoesswayorother area DYes o pNA that the public has established use 6f7 ' IT. Desedbe location �and rype of wdstfng and proposed dfscharoes to water oof the stalo.' NaN� T. WI11 wastoyialer or stormwalor be discharged Igto a vetlartd? If yes, will this discharged water ba of the same salinity as 1he,reoeivin i viatert E3Y" ONO WNA j. is there eoymftigatfon proposed? gYeS 13No .A If yea, attach. a mltlgaUon proposal. 4P0r'm continues on baok> 2aa•pDR•aaOR r: 1•BSa-AAGi)AeY r: v�vr �v.�ta coastal n+nriapomen �I UViLIUui°dU T <3R, JUN ® tui4 1 Form DOM MP-1 (Page 4 of 4) I cer8ty drat I erder on the mooltodng of I telfha,roAM rant authodzed to grant, and do In f o "yil Mentioned lands in cor�°n al g Parmisst Project. with evakretiog Inlonriation PMVlded In this spplk �— print Name signature APPLICATION foi Major Development pernut Of state andfederal review aoaWas to tole parrok 8pptil and follow-up Please Indicate IndicateapplioaWnottschmemsperlatningto— 13DOM MP-2 Exoavation and Fill information youspropttsedPfOJety. L-10 M MP-3 Upland Deveroirra@nt EIDCM MP-5131108es and Culverts ODOM MP-4 Stalotures Information 1t1 CEIVFD %a 9.t138.4i;4trAu5' rl JUN 17 M4 DCIM WILANGUCITON, INC `! !UN. to, 4 0 Mon t.not Form DCIN MP-2 (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM hSP-7. Be sure to complete all other sections of bhe Joint Application that relate to this proposed project. Please include all supplemental information. Describe.below the purpose of proposed excavation andfor fill activities. All values should be given in feet. Access Other Channel I Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length Width Avg, Existing NA NA Depth Final Project NA NA Depth 1. EXCAVA770M Whis section not applicable a. Amocmtof material to be excavated from Wow NHW or NWL in b. Type of mate" to be excavated. cubic yards. a (1) Does the area to be excaYamd Include coastal w-edandafmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (S8), cr otherweilands (WL)? If any boxes ate checked, provide the number of square feet affected. ❑CW ____ ❑SAV ❑Ss _ OWL ❑None . (i) Describe the purpose of the excavation in these auras: a. Location of disposal area a () Do you claim We to disposal area? ❑Yes ❑No ❑NA (it) If no, attach a letter granting permission from the owner. e. () Does the disposal area include any coastal wettandslmarsh (CM, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? ?any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SS OWL ❑None (I) Descxitm the purpose of disposal in tcese areas: - d. Kjvgrormd excavation In cubic yards. d. () Will a area be available far future maintenance? ❑Yes ONo DNA (au) if yes, wItera? t. () Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, tow much water area is affected? :t52.043&2,ri)8 t: ::nrt,+.eu_avr.nsjatm yreyrsren`.nei RECEIVED DCM WILMINC;TON. NC mffl .' 2�`f�s;ao Form I)CM hip-, - Z (PixClIviltit))l 0j)'I fill, tlauv z of 2) I-SHORELINIT �STAMIZATION (If d0v0I0PWt/3s MOO Rich WOMP-4- Structures) El This section 110t spylIkeble a. �T Of RhOrone stabion orr. 'N-.m'V.Q UnItnalf uts!"Waterm, 1-10ther., a. Average distance watenvarvi of NNW orNWL: d. Vzo4/ 0. Type of "quation maw"; Nm Q• A. Date Number of squaro feel of all to 4e placed below watar)evel. Au"Aaabo" (07o pip .. P_ areakwaterISM — Other— $Otuce of Oil material. --a46A 6EY41 Cotje&Ti&f SAtJb If yes. (11) An"pt of anstedal to be placed in ft water 011)0im"Onadful"area QV) PvfpMoffal ea XNQ E3NA Piolect Name b. Width! tli &Wmvm distance watO"Yad Of NHW Or NWL: Q) Has them Wen shme Inofft? ns erosion doling pmQedh)g 12 )OVes aw [INA, 00 If Yes. stalfm, armml of em*n &W spumeof emloa amftnt Intommu Mo)c I-o' 0stAl. 128gAgAIrlori Tva of ea Iraterial. _-CIZA-A) Fim, n5riijb of LIM EICAV — Elsa OWL phone VQ Desod" ttre PIKPP" of ths, in fn am* ofeas: S"? Dyeaptvwtlendabatho QNA (h) Ity".6gosin slaps UWAVm be 1046 to avotdof nw)uW&e ea*"Vr.wbl Invaots, ..A'A. V. V.. DCM JUN 17 2014 nCvIv"DCrry Recommendations for State Permit —Robin Sandifer 06/06/14 The project site has is located adjacent to a man-made canal system and nearly all of the lots have been stabilized with bulkheads and few remain unstabilized. The adjacent properties have been stabilized with bulkheads, which have contributed to the erosion of the property. Erosion has allowed the high ground sand to slough off and is present water ward of the erosion escarpment. This erosion has also allowed the NHW line to encroach landward of the adjacent bulkheads. 15A NCAC 07H.0208 requires that bulkhead alignment shall approximate mean high water or normal water level and shall be landward of significant marshland or marsh grass fringes. It also states that bulkheads shall be permitted below approximate mean high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; (ii) the bulkhead alignment extends no further below approximate mean high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; (iii) the bulkhead alignment will not result in significant adverse impacts to public trust rights or to the property of adjacent riparian owners; (iv) the need for a bulkhead below approximate mean high water or normal water level is documented in the Field Investigation Report or other reports prepared by the Division of Coastal Management; and (v) the property to be bulkheaded is in a nonoceanfront area. The applicant's property does have an identifiable erosion problem, probably caused from erosion over time, storm water runoff and/or the effects of the adjacent bulkheads. The proposed bulkhead will extend no further below NHW than necessary to align with the adjacent bulkhead to the south. The alignment should not result in significant adverse impacts to public trust rights or to the property of adjacent riparian property owners because the bulkhead will not extend beyond the adjacent bulkheads and because both adjacent properties are already bulkheaded. The bulkhead would need to be located below MHW in order to connect to the adjacent bulkhead to the south. This is a non -oceanfront area. The Town of Holden Beach has adopted ordinances found in the Land Usage Section of the Code of Ordinances 157.025 (D) which states "bulkheads are required on all canal lots. Every property located in Holden Beach must be brought into compliance with this requirement by February 10, 2012." The applicant's proposal to construct a bulkhead would bring the lot into compliance with the local ordinance. It is the staffs recommendation that the proposal to construct a bulkhead is CONSISTENT with the Rules of 15 NCAC 7H.0206 (d) Use Standards for Estuarine Waters, Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas and the Rules of 15A NCAC 07H.0208(b)(7) Bulkheads. Based on these factors, it is recommended that a permit be issued to authorize the construction of bulkhead as proposed in the applicant's submittal. RECEIVED .�: rJU N 112014 DCIw V.9DC!TY Recommendations for State Permit —Robin Sandifer 06/06/14 Page 2 As proposed, this office has no objections to the proposed project and any permit issued should include the following conditions: 1. The bulkhead alignment will approximate the mean high/normal water level at the time of construction 2. 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. 3. The bulkhead must be constructed prior to any backfilling activities. 4. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 5. 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. 6. 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. 7. All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. 8. 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. 9. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 10. Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at (910) 796-7215 prior to commencement of any such activity for this determination. 11. The construction of the proposed project shall be in compliance with all local, State and Federal regulations and associated permit conditions. 12. 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. rn itECENED N 112014 c:1'-N!!TD OTY Recommendations for State Permit —Robin Sandifer 06/06/14 Page 3 13. 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. 14. 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. NOTE: The permittee shall be required to install and maintain a proper sedimentation and erosion control structure to prevent sediment run-off to the adjacent waters or marsh. RECENEll JUN 1 7 2014 DC.Z ;,4DC'TY OCR FICDE�IR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Dvecbr Secretary AGENT AUTHORIZATION FORM Date: 4 / Name ofProperty Owner Applying for Permit: NameofAuthorized Agent for this project: Owner's Mailing Address: Agent's Mailing Ad/dress: //J� p 17 Phone Number - / y 9Z Phone Number( 9/�) I certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct the following (activity): (my property located) at This certfication is valid thru (date) Property Owner Signature i `/ Date RECIIVEU JUN 1 1 2014 t)CM-MUD CITY RECEIVED DCM WILMINGTON, NC MAY 212014 127 cardlnel Drive Ed , VWniom. NC 2SO Phone: 910-796.72151 FAX: 910-395-3964 lntemel: www.nocoastalmanagement.net An EaualO000 rgy1ARmwbveAftnEmploy% I Carolina tuwil'ff NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 6, 2014 Brian Murdock c/o Vintage Construction Company, Inc. 3003 Holden Beach Road Supply, NC 28462 Dear Mr. Murdock: John E. Skvarla, III Secretary The Division of Coastal Management hereby acknowledges that on June 4, 2014, we received your completed application, acting as agent for Robin Sandifer, for State approval for the development of property located at 133 Swordfish Street, adjacent to a man-made canal, in the Town of Holden Beach, Brunswick County. The projected deadline for making a decision on your permit application is August 18, 2014. 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 June 4, 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. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. C9cerely, Iley Sn' r Field Representative cc: Jonathan Howell, DCM Ronnie Smith, USACOE Rhonda Wooten, LPO liECEIVEll JUN 112014 DC N."DC?TY 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer NOTI(O'$17i CAMA PERMIT APPLIES FOR Applicant proposes to construct a new mytyrel • 071 1 • it m few:z11 1 11 • 1 • • COMMENTS ACCEPTED THROUGH s/une 2 .2014 APPLICANT: Vintage Construction Co., Inc. Attn : Brian Murdock 3003 Holden Beach Road Supply, NC 28462 For: Robin Sandifer FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Ext. Wilmington, NC 28405 Heather Coats, Field Representative 910-796-7424 AW wA-ma N01 I I Nnr Dow9bn Envelope lD: AOAC0I1A0.7FF.I881).95AE.A01517A0D210 ff3AT9'1'3� OPPER TO PURCHASE AND CONTRACT • VACANT LOWLAND [Consult "Guidelines" (form 120) forguldance In completing Oils form] NOT8i This ron(ract Is Int"ded for unimproved real property Om( Buyer will purchase only for personal use And does not have ilnlll[dlAle plans to bn1)vlYlde, It should not be, used to sell property Iha( Is being subdivided unless the property has been pliuled, Properly approved end recorded will the register of deeds As of (tic date of the contract. If Seiler )a Ruyces builder and (lie sale Involves lite construotlon of A new single faodly dwelling prior to olwingg, use Iho slundind Offer to Purchase And Contract —Note Construction ((PPam 800•T or, If the consbnollon is Completed, use the O1Ter to Purchase and Contraol (Porm 2-T) with Ott Note Combustion dddi:it (Donn WA T). For valuable consideration, lhoreceipt and legal suRlolcnoyofwhlcharc hcrebyRcknowledged Buyer offers to purchase and Seller upoit Rcceplanco agrcw to sell and convoy the Property on fie lanai and caldl(Imn of Ibis OD'er To �'wehaso And Contract and any addonduln of nnod Ificatla) inada In Accordance with Its (arms (together flit'Cantracl"), L TF,RMS AND DYTINITTONSi The terms listed below shall Jim Iho respective meaning given than As set fbrth adjacent to cRai eemi. (a) "Seller ANDRI;K EOLKCK AS TRUSTEE FOR, NMW (b) "Duyer":ROBIN H SANDIEER The City; that real estate described below together wilh all Appurtenances thereto Inoludblg 010 Propedy will Inoludo a manufaclured Smobl(o) honw(s), Buyer and Seller should Nonto provision In the Additional Prov slons Addendum (Standard Form 2AI1-T) Legal Dosedptlon: ((Coulplc(e Al.b applicable) Plat All 21 ,BloclUsootiun, . As may, differ front address sllomi.) )(ARDOR ACRES at Pege(s) is (d) I�Plll'dIRSOPYICeII: $ 120, 000, 00 paid In U.S. Dollars upon the following leans: $ BY DITBDILIGBNCR FEE, made pAyablo to Seller by the WfecllvoDato. S—1�b0--00 BY INITIAL BARN98T MONK DEPOSIT made payyablo to Rse(r�o)w Agent named 1n FAragraph 1(0 ❑ wlih Ills offer OR M delivered 131hln fivo (S) days of Iho ISIt' lw DAI o[I�lIs Contract by ❑ "sit U Personal ol¢ek ❑ onlolal bank check LJ tvirctrAnsfcr, S Y (ADD)'I'fONAT.) EAItNPS'f MONEY DEPOSIT nladc pAyynblo to Escrow Agent "Inc d In Pam tapir I(1) by cash or Immediately available funds such ss official bank cheek or wiire transfer to be delivered to Escrow Agent no later than , T]AIE,UnNV OFTHEL,SSI{NICE with Ingnr to said date. $ DY ASSUMPTION of Iho unpaid principal balance And All obligations of Seller on the existing learns) Scmucd byp a deed aftrusl on the Proptity In Accordance will tiro Attached loan Assumption Addendun (Standard Form 2A6•'I). $ BY SBI.LRR 14INANCING In nccordmnoe with Iho attached Seller Pinonoing Addendum (Standard Pon» 2AS-7) $ 119,000.00 BALANCE ofthoPurchasoPrice incash atSellement(&ontoorall ofwhich may Ito paid velih (Ito proceeds Ora new loan)). Should Duyer fail to deliver Wier Oho Duo Dlilgnice Fe o or any inl(lel Ranlcst Money Deppoosll by their duo dates, or should city dleck or other Ponds field by Buyer be dishmiered, for any reason, by the Institution upon vvtddl the payment Is drawn, Buyer shall havo ale (1) banking day Agar written notice, to deliver cash or Immediately available fluids to Out FFmyce, )it the event buyer does not timely deliver cash or hunutdlAlely available, funds, Seller shall have the risk) to lermhicto Oils COnlmol upon wriiletl nollce to Buyer. This form jointly Approved byi STANDARD FORM 12=F North Carolina Bar Asr0ela11001 page Iof9 = Revised 7/2013 oR* North Carolina AsiodallonofRLALTOES9,Inc. ]ARM 07/2013 Buyer Initials Solierinllalsl Cf YIUilYll.lw AmiOWCMbb tW lWfnawkACIINI Mar (110)IWYA T,c (91Vj1U�rn a0nW Y6A,Wlf .I�1,AW«' rWrndMniwama b/Yglorh /OWorMmnpead, Ilat«, larrly,tetl6' Avro'r'dtePY� . DCM MAY 21 20' vocu3i9n Envokpo ID; ACAC071A.03FF.406t).WM.AO3517AOm2AC (a) "Earliest ffmrcy Mimi I I 1: '1116 LdHat Nrilest Money Deposit, Ilia Additional Earnest Money Deposit and any other tamest monlw pald In connccliou whit Ills transaction, hereinaner collectively referred to m "l timl Money DePosll", shnll be deposllcd and held In csorow by 13scrow Agent mail Closing, at which little It will be credited to Buyer, or until tills Contract Is omerwise laminated. In the event: (I) IIIN offer Is not accepted; or (2) a condition of any rautiting contract Is not sallsfled, than ilia 1!nmwt Money Deposit shall be ro nded to Duyer. lit ilia event of breach of this Coutrad by Wolter, the Earnest Money Do )osit shalt be refunded to Duyer upon Buyer's request, but such return shrill not Ill any other ranedlee avallahle to Buyu for such reach. In Ilia event of hneacll of this Contract by Buyer, tiro Earnest Money Deposit shell be raid to Soifer upon Setter's request as Ilquidatcd damages and as Selte4 sole and exclusive remedy for such breach, but without Ilmlling Scltc?s rights under Parogteplis 2(0) and 2(d) for domega to the pro ierty or Settees right to retain lite Duo Dlllgenco Pep. It Is acknowledged by Ilia parties ilia( paymeat of the Bamast Money DcposN to Sailer In lite event of a breach of tills Contract by Buyer Is compensatory and not punidva, such amount being a reasonable estimation of the actual loss that Seller would Incur as a rosull of such breach. Tits payment of ills Earliest Money DePosll to Seller shelf Bell constitute a penalty Or forfeiture but solual compensation for Sellers anticipated fosg both parties acknowledging the difficulty determining Sellers actual damages for such breach. If legal proceedings are brought by Buyer or Seller against the other to recover the Earnwl Money Deposit, the ptovst lung party In Io imomillug shal I be entitled to recover front Ilia uomprcvnil hug party reasonable attoruoy few and court cwIs Incuned In conneeilon with Iho proceeding. (Q "riscio)y Agent"(insertmanio):, ce:mwi RY 21 A"E mOlm AMMIE ARCHER NOTM Li the event of a illsppate fifteen Seller and Buyer over lice disposition of Ilia Earliest Money Dcposlt held it oscrmv, a licensed real estate broker ("Broker') is required by alate lase (slid Escrow Agent, If not it Broker, hereby a rew) to retain the Earnest Money Deposit ill fire Morow Agent's trust or escrow account until )tsorow Agent lies obtained a wri2n release front the Paribas consenting to lie disposition or wall disbuisonscot 13 ordered byy a coud of competentjurisdfclion, Altensslivoly, If a Etmkoror en attonwy licensed to Ill law In North Carolbna ("Altortroy") Is holding the Jltmesl Malay Do rosit, ilia Broker or Atlomay stay deposit lie dlsputcd mantes with tiro appropriate oleikof court in tueordsnco with Ilia provlslona X.C.O.S, ¢93A-12. 'M PARTHIS AORIIR THAT A REAL ESTATE DROKBRAOE PJRM ACTING AS ESCROW AGENT MAY PLACR THH BARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL EH DISBURSED TO THE ESCROW AORNT MONTHLY IN CONSIDERATION OF THE EXPENSES INCURREDBY MAiNTATNING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (g) 'Effective Date"I The data that: O) ilia last Otto of Buyer slid Seller lips signed or InlOaled tills offer or the final counteroffer, If otly, and (2) suds signing or Inhaling Is communicated to lira party mnking Iho of2r or counteroRer, as the case may bo. (11) "ono Dlllgenco"t Buyer's opportunity during the Dow Diligence Period to bwestlgao ilia Properly and ilia transaction eonlempt ucif by tills Contrnch including but not ntcosserlly limited to tiro matters described fit Poragrepb 2 below, to citeldo whether Buyer, n Buyers sole discretion, will proceed with or term Bate die transaction. (1) "Otto Diligence Fee"i A uogollated amount, If any, paid by Buyer to Seller will tlds C'onlrNct for Buyer's right to conduct Due Diligence during lite Dua Dlllgenco Period. It shall be lite property of Seller upon the 13ffeellvohato and shall be n credit to lluyyern( Closing. This Due Dlllgettco Fee shall be nou•rolundablo except In ilia event of a material breach of this Contract by Softer, or Ifthis Cmntrac! Is terminated raider Paragraph G(I) or Pptagmph 9, or as otherwise 1)rovidcd In any addendum hereto. Buyer and Seller each oxpressly waive any rlglt that thhey may have to deny ilia rigid to conduct ))lie Dlllgenco or to asserl any defense as 10 the enfarceabllily of ills Ceureot based on ilia oblen oo or alleged Insufficiency of ally Duo Diligence Fee, It being the Intent of the psrilm to create it legally binding contrite! for Iho purohaso and ante oldie ProPeriy Wllhout regard to lite existence ormount of any DucDidgenocl (I) "Duo Diligence Pe7nd"I The period begginning on the Efictfve Date and extending through 5:00 p.m. on May 23, 2014 TIMEBEINCOY771RESSENCH t0 (it) " Nettloment"t Tho proper oxccudon and delivery to ilia closing attorney of all documents necessary to comploto Ilia transaction contentpplatod by this Contract, including thtancnt, e doled, settlement atedccd of trust and olhe. IOnll or conveyance documents, and ilia alas allorney`s receipt of all fords nmwsay to complcto such transaction, �I)"SettlenmhtDafo"lThoparticsagtee lhatSculometwill take placeon Bay 29, 2014 I no "Selllemad Dale"), unless othenv se agreed lu willing, N a Ume and place designated by Buyer, Pago 2. or 51'ANDARD FORM 12 T rer.r— Itovlsed 1/1013 Buyer hhltlals Seller lnl0ala ] 011/20I3 C ... nvss.ewr>rr+amsry+2Wv swrorne.,rrura.a rmw,ruMp,n testa yw��ra�vam ROBINM Z Na RECEIVED c DCM WILMIING ON, a Do WSlpn Fnvetopo to., AOA0071A-03FF.4000 05AE-A00017A00?AC (nl) "Closlug"I Tito couyilUion of the legal process which results its ilia Ownsfel of title to the Property from Seller to Buycr; which Includes ilia following sirrs; (1) the Settlement (donned shove ; (2) tiro coal ilellon of a satisfactory title update to the Prop)erty totlowhlg the Settlaucnp (3) ilia closing nttorney's receipt of ant norixatlou to If sburse all necessary fords; and (4) recordation hl Ilia app 19to county Ingistry of tho deui(s1 and deed(:) orinist, If air, whictl strall lake place as soon as tvasonably possible for the cllosing attorney tiger Sol enneanL Ulan 1e91ag, !be proceeds of so a shall be disbursed by the closing attorney lit accordance with Ilia settIvocnt slateurcid and de provisions of Chapkr 45A of ilia North Carolina Oeuefol Steh tes. If ilia title update should reveal unexpected Ilens, encumbrances or other title defects, or if Iho closing attorney Is not authorized to disburse all necessary funds, then flit Closing shall be suspended and the Settement deemed delayed uudcrParagraph 13 (Diday III SctticmeuUCloshig). WARNING: The North Carolina Stalo Dar' has daleuulned that the performance of most acts and services required for it closing constitutes duo practice of law and most bo perforacd only It y all attorney licensed to practice low its North Carolina. State law prollbits unlicensed Individuals or 11mis from rendering legal services or advice. Although non -attorney, settlement agents may pmfo li limited services IIIconnection with n closing, they may not perform all ale acts and services required to coal Cie a closing. A closing Involves significant legal Issues that should be handled by fin attorney. AccordingIsly It is the position of Iho North Carolina Dar Association and the North Carolina Association or RHALTORSO thin all buyers Nould hire an attorney licensed In North Carolina to perform a closing. (n) "Spooner Assessments"r A therrggo Agalnsf tl:o Yropelty by a gOVGlillllelltfll antli0rhy iIr Add I1101110 ftd ValOrClll 1mx09 and rCClirThlg governmental aervicii fees levied 1v1111 such taxes or by an owners association In addition to nny regular essessaart (dues), ellher of yylil0i1111 ay b0 a Ilea Agahlat Inc PreJletty, A Spcolnl Arsessnient army bo clfhcr proposed m• cougnned. "Pro filed SpeOiAt Ameamorot"i A Special Assessalc:d (lint Is under forrllal consideration but witch ties not been Approved prior to Settlement, "Cuutirmed Special Assessmont" t A Special Assessment that has been approved prior to Sel(lonnent whether or not it is idly payable at Ibne of Seglcnwnt 2. BUYER'S DUE DILIGENCE PROCESS{ fa) loans During ilia Duo Diligence Period, Buyer, AI Duycer expense, shall be entitled to purauo qualification for and approval of the Loat fruity. (NOTEI Buycr is advised to consult with Buyces tender prior to Signing this offer to assure OW the Due Dliigmsce Period allows suNolcrt time for ilia appraisal to be conyyleled and for Buyet's landcr to provide Buyer smffiotud Information to decide whether to proceed with or termhiato ilia lmnseellou since thol.oan is not a condition of ilia Contact.) (b) Property iuves(ISAH0111 C shell be entitled to conduct all Buyer deems appropriate, lnelud (1) Sell Aud Hnvirousn Duo Diligence period, Buycr or Buyer's agents or represooladves, at Buycl's expense, its, survoys, approlssis, Investigations, examinations and Inspections of the Property as t0 toll Is and whether there Is any lnVlreilnlellim eamnmmatten Imv, rule or regmnuon uas any promo{, roamer on uunuuyers tmenocu use, (II) Sepltr/Sewer Syslenr Any appl(coblo Investlgation(A) to Mainline; fl) the condition of An oxistin sewage system, (2) the costs and expanses to Install It sewage system approved by on ox(sting Improvement Permit, (3� the availability aid expense to connect to a lIabile or community solver system, And/or (4) whether an Improvement Permit o• wriden evaluation any be obtained from the CounlyHmhh b Ia iniont for a sultnblo gromd obsorptlol sewago systom, (III) NVAtor't Any applicable brvestigntion(s) to dclomluo:�Q (Ito condition of an existing private drinking water Noll, (2) ilia costs mild expenses to Install a privalo drinking water wall approved by an existing Construction Posnit, 0) the availability, costs and expenses to conncot to A publio or community water syst(nn, or a shared prlvafo well, and/or (4) svheilner a Construction Pirelli may be obtained front ilia Comity Health Department fora nivalo driokbug mar Noll. ,(Iv) Revlow of Docmuadsi Review of Ilia Ocolmallon of Reltdolivo Covenants, Bylaws, All �alas of incorporation, Rulcs and Hegutndons, and other goveniing doauuans of Ally applicable owners' nueutathmn aaVor subdivision. Mike Property la sub)e(t l0 regulation by all owners' association It Is recommended that Buyer review ilia completed Owlare' Assooli lon And regulation Form 2Al2-'I) provided by Sollcrprior to signing this offar. (v) ApprwlsalslAnappraisal ofthoProperty. (VI) Survoy: A survey to determine whether ilia pro city Is suitable for Buycr': intended use and ilia location of easements, solbacks, proponly boundaries mid other Issues which may or nray not conalhulo title dormts. Page 31 9 Df Buyerinittai �•S Shcerhiltinls %'�� rWuNvlYl Lprrcmn ly drtoJx retire rallOelrbaaN, rr�,w,uWdafnllWd ywiayrdhsoe STANDARD FORM 12•T Revised 712013 ID 712013 IROIJINM RECEIVED DCM WILMINGTO MAY 21 2011 DowSign Fnvolopo 10: AOAC071A.63Fp.4980.05AE•AO3517A06?AO (vll) Zoning mad Govermneidal 11e@@ulaflon Investigation of current or proposed zonlug or other govcnrmcnlat regulation that may Weol Buyer's hitetded use of life Property, Adjaccol laid uses, pinined or proposed rand coalnetion, said school attendance zone'. (vlil) flood llnaardi Invaiigallon of potential flood hn?ards on dic Proporly, And/or nay requitement to purchase flood houtunco in color to obtain file Loan. (ix) UI111113 mid Access' Availability, quality, and obligations for maintenance of loads find vdillics htellfdhfg eleclrlo, gas, conntnuuloAllon services, elonnwalermenagcnlent, and nseansofaccossw IhoPropedy and nmenhies, (o) buyer's Obllgatfol to Repalr DAmagef Buyer shall, at Bayer's expnfsq pmngnly rcpnlr all dnuisgo to the Properly rcndling 1}om a�' Aetivllles ofUuyer and Duyyors nggcots anti wuhaclore, but Buyer ahatl not be restrains bIo for sty Jamage caused by accepted peoticas applleahle to any N.C. Incensed p olosslmml performing reasonable appaisAls, tests, surveys, exa nlivalous And inspedioms of tie Propedy,'llds repair obligallon sliall sun4ve ary Icrminallon of this Conirscl. (d) Lndauultyt Buyer will Indenelty and hold Seller harmless from nil loss, daiiago, clohns, stills or Costs, which shall odse out off Afly codrael, agreement, or hlury to an Immor or prolmrly ea a result of any activities of Buyer and Buyc's ngouts and contractors relating to the Proper ttyy except for au ' loss, damage, elahn salt or cost nrlsiug oil( of plc -existing conditions of the Property mfd/ar out of Seller's ncgligcncc orwillBrl'acts or oalssions. 1hls Indeuvilty, shall siovive this Conmet and any Iconifatlon hereof: ((o) Btger's Right to Tawnhfatet Duycr shall havo the rlglu to terminste tits Contract for oty reason of no reason, by dclivering to Scffer vvAlteis notice of tonafnatlon (Rho "I'erndnation Notice") dialog the Due Diligence Porlod (or any agrveA-upon written "to Won oflho DuaDlllgones Pcdod), THE BYING Olr WIN NSSNNCN, IfBuyer Iunely dellvero Ote'IennhtallonNotice, tills Codrael shall be lerni na lid slid tilt Etuacst Money Deposit shot[ be reft eded tc Duyer. IVARNINGi If Duyer Is riot salisfled with life results or progress of Duyet's Duo Dlligeuco, Buycr should terminate ids Contract, Prior to fie ovp1ralldu of rife biro pAigmest Porlod, unless Duycr cmu obtain o vwfllen extension fine Seller, SBLLBR IS NOT 0DLIGATI10 TO ORANT AN DXIINSION, Altltofght Buycr uey conlinno to lnvaahigato (fro Prepcityy following rho exphudoll of the Due Diligence Period, Buyers Allure b deliver n Teun uation Notice, to Seller prior to rho expiration of Tito Duo Diligence Period Shell conslih110 a walver by Buyer of any right to to nlanto this Contract based on my usher relating to Buyer's Duo Diligence, Provided hovever, following the Duo Diligence Perlod, Buycr mayy still oxerobis a right to femdoato if Seller fells to nlatelintly comply with elk)' of Selloes obligations under paragraph 6 of this Conlracl or for any other reason pernllted under life teensoftillsConlraotorNord Carolina law, (0 CLOSING SIIALL CONSTITUTE ACCEPTANCE Olr'IHE PROPEITIY IN ITS THEN EXISTING CONDITION DNLESS PROVISION IS OTAIERWISE MADE IN WRITING, 3. BUYER REPIi17SRNTATION8I (a) Lonnt Buyer M) do" © does not have to obfaht a env loaf Io order to purchase file Property. If Buyer is oblalning a nesv loan Dintends to obtain a loan as follows, W Conveidlooni Q Olhar, loon at a ®IhsMutt [3Adjustable Rate Infile pdnolpalamountofWSD fora term of 30 year(s),at Oil 1nl11nlInterest rate not toexceed % per salmon (tho"Loan"). NOTEt Buyers obligations undo' this Coalmen are not conditioned upon obtaining or 01oshlg any loan, If Bit represents tint Buyer does )lot have to obtain a new font in order to pusohase life Properly, Seller Is advised, prior to elgning gda nfler, to ubluht documentallou from Duyer which do iouslrntes that Bayer will be able to a oso on rho Propedy without 111e necessity of oblainhlg a now loan. (b) Oiler Pr•oport i Buyer(j does does not have to sell or lease other real property fit order to qquality, for a new loan or in complelc ppuroliase, �NOTN.i If Moyer des have to sell, Duyer and Seller should consider including a Couingent Solo Addendum (Standard Pomt ZA2-T) wl llt this offer.) (a) I'o farntaneo of Duyev's Rh)AneiAl Oblignllons: To the best of Dayors knnvtodge, there ore uo orfet' olroumsfeuces or eondltlene o dsting ns of 1110 date of tills offer that would trohibli buyer front peifia ndng Buyet's flnmelnl obligations fit accordonee vvilh this Contract, except as may be, spcol0enily set foith lerefn. Page 4 of 9 STANDARD POUAI124 as Duycridliabl Nwb Solleriultlols � 0 Revised 1.-- 0 7/2013 r ny0.5y WAriPr<mAb/rpteipt line r1i'minr a0A fow nio"WAM4 mwl;p imt MAN hi C Z +�J N o q 4P- DCM W NC MAY 2 DocaSign EnMopo ID; ACACCIIA-03Ff 4080-05AE.AO3617AODaAO 4. BU1'EIbODLIGATIONSI (a) otvllcrv' Association Fecs1clarge3t Buyer shall pay any fees reqquired far con6mdng Account payment information on owners' Association dries or assessntli for ppayyment or proration call pity eitnIgo At ado by ilia otvnrAV assoelation lit coracellon with ttto disposition of Oho propedp to Du •er, hta l Ing any transfor mild/or document he Imposed by the onsicrs' assoclalron. buyer shall not be respoadblo for fees tl ourred Iyy Seller In completingg the Owners' Assoolalton Disclosure mid Addendum For Properties Dxanpl from Residential Property Use osuro Statement (Sla I ord Fornt 2A 17 T). (b) Responsibility for Proposed Sptelal Assessmentsi Buyer shall take title Solvent to all Proposed Special Assessments. (o) Responsibility fort, Ceralu Costsl Dwyer shall be responsible for all costs willl respect to any loam obtained by Buyer, Miraleal, tide search, title insurance, recording etc deed and for preparation and recording of all Inariuuenls required to secure die ail" of the Purchase Price unpald at Settlement. 5. SYLLER IMPRESENTATIONSi (a)(DwaorshlptSeller Ieplesenlsthat Seller: has awned Cite Properly for at least ono year• fillsownedthoPiD city for less than one Year. does not yet own the Yrope rly, tSb) Asscasmentst To the best of 8e11a's knowledge there are no Proposed Special Assessments except as follows (Insert "Nano" or to ldealificttiou ofsuch Assessments, If any): NONN _ _ •^ Seller wanants that there are no Confirmed Special Assessments except Be fellowst ,311e 1 "None" or the identiftesllon of such Assessments, If Any): HOLDEN D94CH SM1i CA6iTIMXlth'ION SEE OF 0497�0 (a) Owners'Associaliou(s) mid Duesi To best ofsellel's knowledge, ownership ofOlol'ropoly ❑sub eels 0 does uol subject Bayer to segulatloa by ono or more owiers' ossoedatlon(s) slid governing documents, which hit lose vlulous Mandatory' covenants, coudltlons and IrstAct 0113 upon the Property and Buyer's enjoymetd thereof, includingg but not Aulled to obligatiaus to pay regular Assesslncltls (dues) and Special Assessments, If their is ail owners' sssoolallotl, tlsea al Owners' Association Disolosuro and Addendum For Properties Dxanpt from Residential ProppenDisclosure Slfllenent (SlandAtd Fomr 2Al2.1) shall bo witilcicti by Seller, st Sellers expense, and must be Attached as on addi w lint to this Contract, (d) SelvAgOSyateBPo•rllift (DApplicable ($)Not Alipilcablo) Seller warrants that the sewage system described In llte Improvement Pcrmk Ali herato fills bccu Installed, witch rcpresentollon ancvlvos Closing, bid ninkes no Rrthcr repiwetdntlons As to din systent. (a) PrIVANDrinldogWater Well Porndh ([]Applicable (DNot Applicablo) seller Ivatrontslltataprivate drinking water well has been Installed, wldch reprosogafioa surv(ves Closing, but makes no tHlier reprosat ellons us to The well. (If wolf Installed Baer July 1, 2008, afaeh lnhprovemeut Permit horelo.) 6. SELLERODLiGATIONSi (a) Evidence of 71110: Soller agives to use best afforts to deliver to Iluyyer as amen as reasonably ppaasssible after Ilia E1Peotivo Dale, codes of All tlOe hntbnnntlon in pacsassfon of or available to seller, Including but not limited to: title Insurance policies, altomcp's OP niors on Into, surveys, covenmds, deeds, Ilalos slid deeds of trust, lenses, and easenenls relating to the Property. Sol or nutisorizes: (1) annyy a(lonley presently or previously reprasenlhtg Seller to roleaso Bad disclose ani"fille lusuranco policy In such attorney's file to Meyer nnrl both litlycrs and Seller k agents and Momo s; mid (1.) ilia Property's lino Insurer or Its agent to release And disclose all materials In lire Property's title Insurers (or title hnsurc76 ngauk file to Buyer and both Duytis mid Solier's Agents and Attorneys, (b) Access to ProperiyMplio-77unugh Inspsetimil Boller shall provide reasmlablo Access to tits Propctty (including working, existing ulllilles) through the earlier of Closing or possession by buyer, Including, but not limited to, allowing Ito DIr all opportunity to coudnai A final walk•tlrouglt Inspection of file Propcnfy. To Into exteilt applicable, Boller sholi also be responsible fbr tlrlaly claarhif, that pmilon of the Property required by the Courtlyy to patfmnr tosls, inspections and/or ovaluatimts to dolonilno ilia suilabiIlly of I toPropcily for a selvage system and/or private drinking Ivnler well. (o)dRemoval of Seller's Property; Boller shall remave� by the data possession is made ovalisblo to buyer, oil personAl property w di is not apart ofthe purohaso mud All gatbago mid de rls front the 1'ropoty. Pago 5 of 9 as STANDARD FORM 12-T Buyer lulOalsl_ Nw�-- Seller rye Revised712013 0711013 Ckoe,oedhaAtprmnstyYptopk lewoMu,nuuaaq pile, ruaov,uma Br.•.rptareram EOSIN hf IN .a. -)CM WII_hq NC timuSlan Snvdopo ID; ACAC071A.03FF•496D.95A8-AO3517AOm2AO (d) Atlldavlt told IudennlNentmr Agreement; Seller shall fundsh Al Settlement en af0davll(s) And htdennificallon PHmemad(s) In form satisfactory to Buyer and Bayer's tllla las ircr, If any, exeoufcd by Seller said stay peson or entity who hm performed or punished labor, sevlccs, rualerlPls or rental cqulpolenl to the Property ivilli n 120 days prior to the date of Settlement slid xvho may be entitled to ofalmt a lime Against the Proposty as described In N.C,O.S. ¢44A.8 verlfying that each such person or entity has been paid lit full slid agreeing to Indemnify Buyer, player's leoder(s) And lwyer's title Insurer Agnbmf all loss front Any cause or claf ll nrlsing therefrom, (c) Deslgnitfiou of lies Agent, PAymant And Sntlsfnellms of Lient If required by N,C,O.S. Q44Ad 1.1, Seller shall have designated a Lien Agent, and Seller shall deliver to Buyer as soon as reasonably possible A copy of tie Appointment of Lien Agent, All deeds of Inns:, deferred aid valorem taxes, liens and other charges again( the Property, not Assumed by Buyer, must be paid And snOsllcd by Seller Jailor to or at Settlement such that oancdlalimt clay be promptly obtained following Closing. Sower shall remain obligated to obtain any suoh cancellations following Closing. (t) Good 'Nile, Legal Accent Seller shall oxrouto aid deliver a ORNRRAL WARRANTY DDRD for the Property lit recordable form no later thnu Scticnent, which shall convey fee shuple marhoinhla and Insurable title, witreut exception for snadsauies' liens, slid No orally other Iles, encumbrances or dcfcds, Including tlmse velslols would be revealed by n current and accurnlo survey of ilia Property, except: aid valorem taxes for the current year (prorated through the date of Settlement); utility casilments And unviolaled covenants, conditions or rcsirlellous that do not nlatedally affect []to value of tiro Property; and such other (lens, eneunnbrmim or doteols as may be msumed or spcolfically approved by Buyer In willing, Tie Property most hove legal access to A public right of way. . (NOTE: Buye's Minas to krnninetc this Contract poor to the expiration of Iho Duo Dillgaeo Period as P result of any cuoumbralee or defect thAt Is or would havo been revealed be A title oaaninatlon of Iho Property or a eaeart aid Accurate survey shall Plot r olleVo Sella of Any obligaliat under llts subparAgtoph) (NOTEit If any sale of the Property play be a "shod salq" conslderAllon should be given to Altaehbug n Short Salo Addendum (Slandard Form 2A 14•T) as on addendum to this Contmot.) (9) Deed, Rxcisc I'nxear Seller shall pay for prepamllom of It deed aid all other documents necessary to perform Salters nbligalions under this Contract, Paid fa• state and corny miss taxes required by lasv.'Ilio deed is to be tondo to: As DIBROm) HX Hu"k AND OR AODXGNO (it) Agreement to PAylhsyerExpenses: Seller shall pay ail Setlleneut $ N/A toward any of Buyers expenses associated with the purohaso of the properly, less any pod Ion disapproved by Duyces lender, NOTES ttxamplca of Buyers expense, Associated with ilia purchase of rho Property luoludo, but aro not Ihnlied to, diseouut points, loan orighuatlon fees, Appraisal fees, attonney's fees, Inspection fees, and "pre-polds" (taxes, Insurance, owners' msoolation due, eta). (i) Paymaut of Ca fhould SpccIRI As aunentsr Seller shall pay all ConOnned Speehnl Assessments, if any, provided that the ensouut theeof can be reasonably determined or esiim atcd. (I) LAto Ulallut; Williltlesi All property tax Into 11slingpenalks, Ifony, shall be paid by Seller, (k) Osnuet•a' Assadntlmn Dlselaaw•o and Addendum per Propslics Rzaupl f•mu Rcaidcutlal Ihope4yDisdoano Stnlaucmt (Sinnderd Point 2AI2-'f): if Applicable, Seller shall pinvide (Ito completed Oumcrs' Assochlion Disclosure said Addendum For Proletles Bxnnpl item Rcsldontlal Properly Dlsdosnre SlAlcment fo Dwyer on or haters rho D(tecllvu Uatc. (1) Sellor:s Failure to Comply or Bronchi If Sailer fails to moledolly comply with stay of Shccr's obligations under this Paragraph 6 to, Seller materially branches this Conuaot, slid Duya• elects to lcrmbroto this Contract as a result of ouch failure or blench, Ih r, duo Vernal M0110y.Dopnslt aid Ilse Due Diligence Fee shall be refunded to Buyer and Seller shall reimbumc to Duycr Iho reasowble costs Actually incurred by Buyer In connection with Buyer's Due Uiligenco without Affecting Any ollier remedies. If legal proceedings arc brought by Buyer ogafnst the Seller to recover the DArnest Molloy Deposlt, the Duo Diligenco Fee end/or llte reasonable costs actually Inourred by Buyer In connection with Duyei's Duo Diligence, ilia provnlling patty hi lho piececJing sisal: be stilled to recover from tso uotr-prevallhng party reasamblo attorney fees and coutt costs Incurred In connection wits the proccedhig. Pago6 of STANDARD FORM 12•T �Ap9 Revised 7/2013 Divot' inlllaly-rrw,z_ Sellcrinpllsls -4z 07/2013 l__._. �„���• � �<stgro fYuam, awe. rail. nkhlaM 46oM rv"*ADkrmt gouINNI t= Z RLN DCM WILMIMIN o MAY 2 1 a NC boob tgn Envelope ID: ACAC071A03FF.40¢D. ME.AA3517A0u2AC 7. PRORATIONS AND ADdUSTnJ9N'f8t Unless ollmrwlso provided, (lie following Isenis alsnll be prorated through ilia dale of SoIII Cmc it and elther adjusted behveen the panics or paid at Settlement: (a) 'faxes on Real Propertys Ad valorem taxes and recurring governmental service fees levied with such taxes on real propedy shall bo prorated on it calendaryear basis; (b) IsomlslHonig, Ifany, for tire Property; (a) Duycr Olvncre association rcgularns:esmncnls (dues) and other like charges. 8. CONDITION OF PROPCRTY A't' CLOSINGn Buyer's obligation to conspleto ilia transaction coutonplated by this Contract shall bo coniingent upon Iho Property bcing In substantially lho sauto or better condlllml at Closlug As oar the dale of tils offer reasonable War and tear excepted, 9. RISK Olt LOSSi The risk of loss or danage by fine or other casoAlty prior to Closing shall be, upon Sellealf the Improvements on Ilia Properly Pro destroyed or materially damaged prior to Closing, Buyer may lcnuluato slits Contract by w htcn notice delivered to Seiler or Soller's aged and ilia Earnest Money Deposit and any Duo Diligence I'm shall be Whorled to Duycr, In Ilse event Moyer doca NOT elect to lermlu de this Contract, Buyer shall be entitled to reeelvo, In addition to Iho Property, any of Sellers Insuring proceeds payablo on account of Ilia dmuago or destruction applicable to the Property being purchased, Seller is advised not to osucel existing insurance on the Property until after conOnning recordation of Ilia deed. 10. DELAY IN Sh ITLRMENT/CLOSINGS Absent agreemeul in ilia contrary in (his Contract or any subsequent modificatlon Iheralo, If a patty Is unable to consplelo 80111011teut by the Settlement Data but intends to complete the transaction and is acting In good filth slid with reasonablo diligence to proceed to Scldennut ("Dclaylsg Pnrly' ), aid If ilia other party Is ready, willing and able to complete Settlement on the Settlement Dale ("Non-Dolaylog Party") then Ilia Delaying PMIy 11160 Alva As Ilnialt Iloilo a9 possible to the Non-DOnying Party and closing allomey and shall be twilled to a delay In Setdensew. If the partles fall to conspleto Settlement atd Closing wllhls fourteen (14) days of the Settlement Dao (Inoluding any mnended Saitomonl Data agreed to lu willing by ilia pndlos) or to othcnvlse extend ilia Settlement Date by'willion agro meal, then Ilse Dolnyhng Party shall be in breach And ilia Non-Dclaylug Party may terminAto this Contract and shalt be, entitled to enforce any mmedles avallablo to such patty trader tills Contract for the brcnch, 11. POSSF.SMONn Unless otherwise provided herein, possession dull be, delivered nt Closing as de➢nett In Pawgnaph 1(m), No oller itions, excavations, trey or vegolatlou rcnhoval or other such notvilka may be done Wrote possession Is delivered. 12. OTHER PROVISIONS AND CONDl1'IONSt CHECK ALL STANDARD ADDDNDA'THAT MAY DE A PART OP THIS CONTRACT IF ANY, AND ATTACH IffiHH1'O. ITDMIZR ALL OTHER ADDENDA TO THIS CONIRACT, TV ANY, AND ATTACITHRRETO, (NOTNt UNDER NOR'IM CAROLINA LAW, HUAI, ESTATE' BHOKRRS ARB NC'I' I'HRMI'1T➢D'1'O DRAFT CONDITIONS OR CONTINOENCIRS TO ]IUS CONTRACT.) Additional Provisions Addondunl(Fomt 2Al I-T) ❑Loan Assuusplion Addenduat(Itorm 2A6•T) Duck -Up Contract Addendum (Penn 2AI-f) Q Owners' Asseatnllon Dlsalosmro And Addendum Far Propcdics Contingent Solo Addendt n(Fonn2AVI) Rxeropt from Residential Property Disclosure Slatenunl (Foron 2At2.•T) �] Seller Finnnclug Addendum ptmm 2A6•T) q Slmtt Salo Addcndans (Form 2Ald•T) ® OTIT➢RI 1)HUyBR 11'0 OUTAYN 6lAJOR CANA 1?? MIT FOR DULMAD, 2) HUXOR TO WRIFY NO 13. ASSIGNMENTS: This Contract nifty nn( tin Assigned without Ilia written consent of all palles except in connection wilt At lax - deferred exotnallAo, bill ifnssigned by agreement, then this Contract dlnil bo bindlug on ilia assignee and Assignee's heirs And successors. 14, TAX -DEFERRED EXCHANGES In die oveul Duper or Seller dtslros to effect a tax-deRtred exchange lit connection with the conveyance of Iho Peoptity, Duycr and Seller ngroo to cooperate In effccing such oxchnngo; provided, however, that die exchanging patty shall be responsible, for all additional costs associated with such exchange, and provided further, that a non-oxehanging patty shall not nssunlo any additional liability with respect to auch tax -deferred exchange, Dnycr and ShcerahAll execute each additional doeumenls, Including assignment of Ihls Conduct In cemncdon 111orowith, at uo cost to lino nail -exchanging patty, us shall be required to give affect to this provision, Page 7 of STANDARD FORM 12-T Duycrinitials as Ns(•J Seller Initials,,r? Revised 7/2013 U7/.t013 _- .y,y�py Ta' noaY4s\aay'prpma bt tynor%t laieFWMn7sada rNW, aknreNr9ssa NYNY.f/.1\l(YN ROBNM L Z n� A �-C In RECE o DCM WILMH A MAY 2 1 NC Dotuftn Envelopo 10: AGAG071A03FF.49eD-BSAB-A03517AOB?AO 15, PARTIM This Contract shell be binding upon and shall Inure to ilia bcnc0l of Buyer and Seller and Iheh, respective heirs, successors and asslgnr, As used herein, words In file singular include (Ito pinnul slid the snasadino hlcludes the fcndnlae slid nwdcr genders, as appropriate. 16. SURVIVAL? IT any provision herein contained which by fill nafure and offcct Is acquired to be observed kept or performed after Ilia Closing, It shall survive the Closing slid ronlafn binding upon told for the beiro0t of Cho parties hereto unth Ihlly observed, kept or perforated. M RNT1111: AGRENhfENTs This Contract contains the cribs agreonicaf of lire parties and there are no representations Inducements or other pptovisloiis other than those oxpressed heroin. All changes, additions or doleflotls herolo must be in writing on([ signed by all parties. Mililag' contained horeln shall Alta any agrcene t betweei a RNALTOR® or broker and Seiler or Buyer as contrite hsanytlstingagrccmont,Iuyaragencyagreelacnt,oranyothersgeioyagreementIeiwwuthen. 18. NDTICRI Any settee or coannunlcation to be ggiven to a sally iterehi iliay bo f�ivms to the party or to'such poity's agent, An written notice or communfeafion in mntiatlon wllh the transaction contemplated by (Ids Co ulmot Iitny be AIVe11 to A party or a hartyb ogenl by striding or Iransmtning It to Any mailing address, email address or fax number scl forth l i ilia "Notice Infmmagon" section below. Seller and Dyya agrae that (fro "Notice Infmolsflon" and "Escrow Aeknowledgmen" sections below shell not wnslilute n material part of this Contract, and that the eddit(on or inodifIcAlion of any lufonuatiou therein shall not constitute a wJectIon of sa offer or the creation of n counteroffer, 19, EXECUTION1 Tilts Contract may be signed in amltiple originals or counterparts, all of which together constitute one slid the st nio luslrument, and fho padles adopt as Choir scale (Ito word "SBAL" beside their signatures below. 20. COMPUTATION OF DAYS: Unless othen0so provldcd, for purposes of this Contract Ilia tens "days" shall mean consecutive calendar dop3, I oludlugyQ SAtuedays, Sundays, and holidays, whetter fcdcml, Asia, local or rollRtoss, For (Ito purposes of calculating days, Iho count of "days' &fill I begin on the day following ilia day upon which any net or notice as provided In this Contract %yes acquired to be pafsuaied or made, THE NORTH CAIMINA ASSOCIATION OF RRALTORS9, INC. AND THE, NORTH CAROLINA LIAR ASSOCIATION MAXP NO REPRESENTATION AS TO THR LEGAL VALIDITY OR ADEQQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTIONX YOU DO NOTUNDERSTAND THIS F E OR FDRL THAT ITIMIS NOT PROVIDE FOR YOUR LEGAL NERDS, YOU SHOULD CONSUVI' A NORTH CAROLINA RRALD8TATIs AITORNRY DEFORR YOU SIONIT. This offcrshall bmnio a binding contract on the BlTeodvo Date. Date: Moro 014 11 D�b� wyer SIN. . SAN.dtF(�" (SBAL) rIL1 RWIFRR Date: • Duya Date: 13IVci c z o A Data: Seller �_: .�L„vf' •77e-g- (SPAT.) W dOLNXCK AB TRVBTBE 9OR DAto: (SBAL) Seller t47,(SBAL) T Data: (SBAL) Seller Pago 8 of Prmwaaat»a}rmnatyilyioyt iraro r.x , lit"aw+, nr iu, sauyua wale asv+..�.�+. (S11AL) STANDARD FORM 12-1' Revised 7/2013 ©7/2013 ROBIN AI Meta pn Fnvolopo 10: AOACCIIA•03FF498D-95AE-AO35t7AOD2AO NOTICE INFORMATION (NOTEt INSERT THE ADDRESS AND/OR ELECTRONIC DELIVERY ADDHI SS EACH PARTY AND AGENT APPROVHS FOR '11iE RHCHIPT OF ANY NOTICE CONTEMPI,ATI31) hY THIS CONTRACT, INSERT ^N(A" POT( ANY WHIM ARE NOT APPROVED,) BUYER NOTICE ADDRESSr SELLER NOTICE ADDRESS: Melling Addrela:NINDY POINT ROAD, SUPPLY, NO 28462 Buyer Errnnl krone saxnrunrearr, oou SELLING A(;ENI' NOTICI4 ADDRESS: Finn Name:CE"71.1AY 21 ANNE ARNOLD Acting "M Ruyet+s AgudU Selleei (Aub) Ageu10Dual Agent Melling Address:309 CLOB110119S DHIVS On, SUPPLY, IM 28462 h:dlvlduelSallingAgcnt:Aswlx ARomaR (] Acting asaDoslgnatedDual Agent (eheekonly Ifapplicablo) Llcenso llt 176144 Selling Agent Pl:oneil:-(910) 612-8175 Solitag Agent Fax4: (910) 842-6773 _ Scl Iing Agent E•n:ail;.ms.o..os...cAor, cca N4allh+g Sellcr Paxll: Sol [or F--malt: LISTING AGENT NOTICE: ADDRESS: Rat Mum: CENTURY 21 HAREFWT REALTY Aeling as ® Solices Agcot ❑ Dual Agent MallingAddress:4720 AAMWOM MORT BRIDGE An, NORTH NYATLII BNA011, 80 20502 Individual Listing Agent; lfamx DAYyAWX Acting as a Designated Dual Agent (check only if applicable) LlceusoM X98021 Lisling Agent Phosleth (043)390--1090 Listing Agent l+gx#: (643)333-2228 Listing Agent 1+.nsnif: ESCROW ACKNOIYLEDGMENT OP INI'CIAL EARNEST MONEY DEPOSIT Property:133 8NORDSISII DRXVXI HOLDEN )IM11 NO 28462 SCIICr:AND10EI9 ROT,NICK Jg TAUtITEE FOR, KWT Escrow Agent aclolowledges recolpt of Il:e IMOO Earnest Money Deposit and agrees to hold and flbburso the same to accordance with file terms her or. L Dole , _ - I Pirm: CEI(TUAY 21 NatB MOLD tA (Sigiviturc) ANMIE ARCHER (Print nslno Page 9 Of 9 Wof+ud xfh+yiame ty+fylcpr ItOle Men lr:sko.f. Furor, 4�de+n/tOra »�c._+�+..++ems^+, STANDARD V014M 12-7 Revised 7/2013 0 7/2013 ROBIN M DCM MAY 21 DocuSign Envolope ID: E7054F4D-188D.40B8-B4BF-C266FEA32035 ADDENDUM TO CONTRACT North Myrtle Liquidating Trust Brunswick County, North Carolina 133 Swordfish Drive alca Lot 21, Harbor Acres Holden (leach, North Carolina This Addendum to Confiner is made effective as of the (into last signal by Seller and Buyer, below, with reference to the property identified in the Offer to Purchase And Contract -Vacant Lof/Land, as identified heroin (file "Contract"). Property: Lot I121, IlarborAcres, Parcel N246AI?044, 133 Swordfsb Drive, I]olden 13ench, Brunswick County, NC. Ili consideration of the Seller's acceptance of the Offe and exceution of the Contract, Buyer acknowledges and agrees as follows: I. The record owner of the property is Andrew Bolnick, as T ustee, for the North Myrtle Liquidating Trust, U/A dated September 12, 2012 (the "Trustcc"), and the Trusice is the "Seller" for all purposes under the Contract. The Trustco shall have no personal or Individual linbilily under the Contract, whatsoever, and any liability on the part of the Seller shall be limited to the specific portion of the Trust assets that comprise the Property that is the subject of [Ills Contract. 2. Notwithstanding any other provision in the Contract, the Property is offered and sold under the Contract on all "as -is, where -is" basis, only, with no reproscntations or warranties whatsoever made by the Seller, and Soller shall not provide any warranty, whclhor express or implied, to I3uycr under the Contrnct. As n'l7•ustec who has owned the Properly fora limited time only, and has no personal knowledge as to the history of the Properly, the Seller has no information available as to its condition, history, or other factors which may be relevant to the Buyer; however, Seller has disclosed to Buyer the potential existence of building code or other issues related to the bulkhend/rctnining wall requirements which may be applicable to the Property, and Buyer hos expressly assumed all risk and responsibility for correction or compliance with any find fill legal requirements related thereto. Consequently, the Buyer shall rely solely upon its own due diligence investigation mid/or inspections with respect to the Property, tiny and till governmental code or other regulatory requirements, any applicable homeowners or other association(s), deed restrictions, or other factors or requirements relovatt to the Property. Seller shall not be required to make any repairs, improvements, or other oxponcditures with respect to the Property or the subdivision in which it is located, and file Purchase price represents the agreed value of the Properly in its current condition. The Buyer hereby releases the Seller from any pre -closing or post -closing obligations whatsoever with respect to the Property, in the event the Buyer elects to proceed beyond its Due Diligence Period and to close upon file Property, and nssuntcs all responsibility for any fines, costs, fmproventants or other matters whatsoever related to the Property, if Buyer closes upon the property. 3. The property may be encumbered by a first security moi tgnge lien held by the Trust Beneficiary, and the Trusteo as Seller shall enuse nny Trust Beneficiary's lien to be released front the Properly at closing upon the Property, in exchange for fine net closing proceeds paid a to Seller from the Closing. w.+ 4. Notwithstanding any other provision in the Contract, at Closing the Trustec's sole obligations shall be to execute and deliver the following documents to the closing ngom: N O A IA0234844.DOCx d x.nd �,!111 r"lir DocuSign Envelope ID: E7054F4D-188D-40B8-848F-C266FEA32035 a. Special Warranty Deed to the Property prepared by Seller, subject to all covenants, conditions, restrictions, casements or other matters of record, other than any monetary liens (which shall be satisfied or released by Seller); and b. An owner's nflidavit prepared by Seller in form sufficient to meet reasonable title company requirements to insure the title; and c. A closing statement prepared by Buyer's closing attorney and approved by Seller; and d. A lion release prepared by Seller for the Trust Beneficiary's mortgage lice, if any, on the Property. S. Buyer shall be responsible f'or procurement of any owner's title insurance desired by Buyer for the Properly, at Buyer's expense, as well as any mortgagee's title insuranco or other costs or expenses related to any Buyer financing, without limitation. In addition, Buyer shall be responsible for all procedures relntcd to closing on (lie Properly, including the closing of Buyer's financing, if any, and Buyer shall retain a closing attorney in Brunswick County, North Carolina, to consummate the closing and to coordinate same with (he Buyer's lender (if any). The Seller's sole obligation shall be to provide Scllcr's required closing documents pursuant to Paragraph 4, above, to the Buyer's designated closing attorney, in escrow, pending consununation orthc closing and disbursement of the net closing proceeds to Seller, pursuant to (he Seller -approved closing statement. The Buyer's closing attorney shall coordinate the closing with Seller's attorney, and the closing shall be a mail -way closing (to the extent it involves the Seller) that does not require the personal attendance of the Seller on the day of closing. Wherefore, the parties have set their hands and seals on the day and year indicated for each party. Buyer(s): Seller: (�r Wllg.dby: HfrPftl3R Robin M. Sandifor Andrew Bolnick, as Trustce North Myrtle Liquidating Trust Dale: 4/1/2014 Dale: y-/ ie/ C Z 1r N O 1AO!34944•DODX 1 DCM NC MAY 21 L L -, rci2 /A?� Ca . ■ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: S"..WrA r1AUjX.5f,`j 371 z C 11 ~( G (�-cLE FA`rC-Ti-t,vjU6j tit Z83o3 2. Article Number (rrensfer from service label) PS Form 3811, February 2004 A. Signature Xgent �Ej AtldresaeeB. Received by (Printed ame) o} Deliv�C 6KrC D. Is delivery address different from hem 19 ❑ Yes If YES, enter delivery addrptEl7*yVED&LAe— DCM WILMINGTON, NC JUN 0 6 2014 3. Service Type �rt- hied Mall ❑ Express Mall Registered ❑ Return Receipt for Memh ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 yes 7011 1570 0000 3753 2914 Domestic Return Receipt ■ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse ` so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to t,3AL-TE(Z -TE'TT Po &A 3-7 t o et i'tE-)fu.is, PY A. B. 1`160ti ed by (Punted 1o2sss-oz nt-1 w ICM.�erry ❑ Agent G. Date of D. Is delivery address different from hem I? r] YE: If YES, enter delivery ad4AE0f WED ❑ No DCM WILMINGTON, NC JUN 0 6 2014 3. Se ylce Type (31J Certified Mail ❑ Express Mall ❑ Registered ❑ Return Receipt for March ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Exbe Fee) 0 Yes 2. Article Number - (rransferfromservicelaw 7011 1570 0000 3753 2907 PS Form 3811, February 2004 Domestic Return Receipt 102595ax4A-1540 April 27, 2014 Juanita Maultsby 3212 Guy Circle Fayetteville, NC ■ Complete items 1, 2, and 3. Also complete item 4 B Restricted Deltwy is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: -SuA.JtTR C74NuLT5f'`( 3'2,i z 6 k � Ci (1eLF A- Signature ,,�,,` ////�- / //�� / y-rrynnt x o�/�Jz / ❑ Addre S. Received by (Pdnted Jilerne) I C. Date of Deli D. Is delivery address different from item 1? 1.1 Yes ff YES, enter delivery address below: LLUV� L I t FA`rC�vi u 61 11 L ZS �(j ` 3 3. Service Type 1kG~ Mail ❑ EWess Mail Registered ❑ Return Receipt for Marchand ❑ Ireured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes z. ArticleNumberft a 7011 1570 0000 3753 2914 (riensfer m service label) Ps Form 3811, February 2004 Domestic Return Receipt fans-oz-MA This letter is to inform you that I have applied for a CAMA Permit on property at 133 Swordfish Drive, in Brunswick County, Town of Holden Beach, N.C. and owned by Andrew Bolnick Trustee. I have enclosed a copy of the permit application and a copy of the drawing of the proposed project. If you have any comments on this proposed project, please contact the Coastal Representative listed below. No response within thirty (30) days is the some as no objection when you have been notified by Certified Mail. Holly Snider 127 Cardinal Drive Ext. Wilmington, N.C. 28405-3845 (910) 796-7270 CERTIFIED IVM1AIL REC�iF'T (Domestic Mail Only; No Insurance Coverage Provided) •117For tlelivery mtormaru lion visit our websrte at www.usps.com;. Danny.. .l" LO (910) • �lL� • a :u _ • • 1 M .. �lW rJU 0 or PO 9� ft .0 1 -> � r DCM MAY 21 2014 NC April 27, 2014 Walter Jett PO Box 37 Whiteville, NY 14897 This letter is to inform you that I have applied for a CAMA Permit on property at 133 Swordfish Drive, in Brunswick County, Town of Holden Beach, N.C. and owned by Andrew Bolnick Trustee. I have enclosed a copy of the permit application and a copy of the drawing of the proposed project. If you have any comments on this proposed project, please contact the Coastal Representative listed below. No response within thirty (30) days is the same as no objection when you have been notified by Certified Mail. Holly Snider 127 Cardinal Drive Ext. Wilmington, N.C. 28405-3845 (910)796-7270 Sincerely, � 3Aftl� Danny Sparkman (910) 512-5635 (Domestic M For delivery in MiNNEEMNim Ln rr- po�" U, 511D cerow Fee 0 0 Pe m 90090 Fm 0 tErao wnurd Reams JUN 110� �uf m N Ln TOW Poet & Feee i PoeVneM1 WAPR 71 2014 _...._ n L?ffZ - USPS ... - - a sAncNo:;-----P-------*-------... 0 O PO Box No 3 CJHI'f``UICL€L Py rimn ".ir NC MAY 21 2014 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory, Governor John E. Skvarla, III Secretary June 5, 2014 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Division of Coastal Management Major Public Notice: • St. James Plantation POA / Brunswick County • Robin Sandifer / Brunswick County • Kure Beach / New Hanover County Kyle & Heather: Please publish the attached Notice in the Saturday, June 7, 2014 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson Permit Assistance & Customer Service Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM Ronnie Smith - USACE Michele Walker- DCMry r-i N 112014 127 Cardinal Drive Ext., Wilmington, NC 28405 1XVIV"De!11' Phone: 910-796.72151 FAX: 910-395-39641ntemet: www.ncooastalmanagement.net An Equal OppoM1unity 1 Affirmative Action Employer 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 for development permits in an Area of Environmental Concern as designated under the CAMA., were submitted for 2 projects adjacent to the AIWW, in Brunswick County: According to said applications, on May 13, 2014, St. James Plantation POA proposed to construct two oyster bag sills at 100 Southeast St., SE; and on June 4, 2014, Robin Sandifer proposed to construct a bulkhead at 133 Swordfish Dr., in Holden Beach. Additionally, on May 16, 2014, New Hanover County proposed to continue beach nourishment along the oceanfront shoreline of the Town of Kure Beach. Copies of these 3 applications may be examined or copied at the offices of Heather Coats (St. James), Holley Snider (Sandifer), or Robb Mairs (Kure Beach), N.C. Dept. of Environment & Natural Resources, Div. of Coastal Management, 127 Cardinal Drive Ext., Wilmington, North Carolina 28405, (910-796-7215) 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 June 28, 2014 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. rJU RBMWM N 1 1 2014 bCV MHD C.1 y MAJOR PERMIT FEE SCHEDULE J Robin Sandifer / $400 / Brunswick Co. DCM % DWQ % Development Ta Fee 14300160143510009316256253 2430016024351000952341 I. Private, noncommercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0 %o $0) II. Public or commercial development that does of involve the filling or excavation of any etlands or open water areas: $400 100% $400 0./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: S250 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 off determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or a uatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 90 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or xcavation of more than one acre of wetlands nd/or open water areas: $475 60% $285 40% $190 rJRECMVED UN 11 2014 baf•MHD crry Date Received Check From (Name) Name of Permit Holder Check Number Check amount Permit Number/Comments NOTES 5/5/2014 5/6/2014 McKim and Creed Blair Booth 175924 $100.00 $100.00 Transfer 76-97 _ Minor mod.114-13 John D. & Pamela A. DeBell, Jr 7771 5/6/2014 5/7/2014 5/8/2014 5/8/2014 5/8/2014 5/9/2014 - 5/12/2014 5/13/2014 5/13/2014 5/15/2014 5/16/2014 5/16/2014 5/16/2014 5/16/2014 5/16/2014 5/21/2014 Catherine Kelly 10649 6909 37,32 ___ _ $497.00 $200.00 NOV # 14-04D GP fee for 1211 canal Dr. SB Grice Construction _ F and S Marine Contractors Inc _ Cory Williams _ _ _ _ _ _ Dennis Johnson Ra & Sandra Duff Ra Speas Desherbinin _ Sasser New Hanover County — Willard Buffler Robin Sandifer $250.00 _ $_200.00 _ $100.00 $600.00 $100.00 $200.00 $400.00 $200.00 $100.00 $475.00 $200.00 $2 00.00 $400.00 i $400.00 MPappl. 7401 Maso_nboro Sound Road _ i _ Reduction Augustus Paul Davenport Town of Carolina Beach Annette and Ronald Allen 171 61083 Minor permit 4556 GP 63220D McClure Builders Antinori Construction, Inc Antinori Construction, Inc F and S Marine Contractors Inc KIDS Inc DS Painting & Home Im New Hanover County General A — Register Place Estates HOA Coastal Marine Piers & Bulkheads Coastal Marine Piers & Bulkhead 3470 Minor Permit N_TB GP 63185D 2925 2921 3756 GP 63184D GP 63286D reissue of 63135D Minor fee 4729 23rd Ave., NTB Major permit fee, Kure Beach Storm Damage 791_1 _ 289078 13881 — 19547 18548. 2901 - GP 63287D T �_ GP for 326 Wa nick 1 GP for 242 Inlet Point Drive VCC, Inc I 1 Major permit fee, 133 Swordfish Dr. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2014-00661 County: Brunswick CAMA Permit #: 68_14 GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Robin Sandifer 3737 Windy Point Road Supply, North Carolina 28462 Telephone Number: Size (acres) 0.25 Nearest Town Holden Beach Nearest Waterway Canal to the AIW W River Basin Lumber USGS HUC 03040207 Coordinates Latitude: 33.9106 Longitude:-78.3325 Location description: The project area is located at 133 Swordfish Drive. in Holden Beach, Brunswick County, North Carolina. Description of projects area and activity: This verification authorizes the discharge of fill material into 620 square feet of waters, including wetlands for the construction of a bulkhead. Applicable Law: N Section 404 (Clean Water Act, 33 USC 1344) N Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: GP 291 SEE ATTACHED RGP or NWP GENERAL and REGIONAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted CAMA application and information dated June 4, 2014. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Ronnie Smith at 910-251-4829 or by email at ronnie.d.smitht7a usace.armv.mil Corps Regulatory Official: Ronnie Smith \ j"! Date: August 4, 2014 Expiration Date of Verification: December 31, 2016 RECEIVED AUG 0 6 7�+^ DCM•MHDCITy 40r _... SAW-2014-00661 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ® There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit -- requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and appropriate regional supplement and is adjacent to a canal of the AIW W. This canal to the AIW W exhibits a mean high water mark as indicated by a change in vegetation and water marks and is a navigable water of the United States pursuant to the policies and criteria found at 33 CFR 329. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 2 SAW-2014-00661 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by October 3, 2014. •'It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence." Corps Regulatory Official: �J Ronnie Smith Date of JD: August 4, 2014 Expiretion.Date of JD. August 4, 2019 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 our Customer Satisfaction Survey, located online at http://reulatory.usacesurvey.com/. Enclosures: GP 291 Conditions CAMA Permit Copy Furnished with Enclosures: Mr. Brian Murdock VCC, Inc. 3003 Holden Beach Road Supply, North Carolina 28462 Copy Furnished without Enclosures: Mr. Jonathan Howell North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Debbie Wilson North Carolina Department of Environment and Natural Resources Division of Coastal Management 127 Cardinal Drive Extension . RECEIVED Wilmington, North Carolina 28405 Mr. Chad Coburn AUG 0 6 2014 DCWMiiD CrrV SAW-2014-00661 North Carolina Department of Environment and Natural Resources Division of Water Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, GA 30303-8960 BOSN3 Mr. Scott McAloon United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Rd Atlantic Beach, NC 28512 4 EXISTING BULKHEAD NORMAL LOW WATER LINE BY ELEVATIOt PROPOSED BULKHEAD EDGE OF MARSH LOCATED 08-13-12 TIE LINE: COMMENCING AT MONUMENT "HB 17", (N.C. GRID COORDINATES: N - 58,156.4887 AND E - 2201,553.4218); THENCE N 80'43'52"E 1027.28 FEET TO MONUMENT +HB 16", (N.C. GRID COORDINATES: N - 58,322.8069 AND E - 2.202,666.4042); THENCE N 01'43'14" W 859.16 FEET TO NRB "A"; THENCE S 01'53'39" E 49.93 FEET TO EIP "8". ALL. BEAR04GS ARE ORIENTED TO N.C. GRID NORTH, N.A.D. 1983. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES. I F------------------------LOT — I I I I j HARBOR 2ACRES SUBDIVISION MAP BOOK 8, PAGE 13 I I I N 87'22'22" E NRB 90.91 NORMAL HIGH I WATER LINE I FLAGGED BY DENR LOCATED 08-113-12 T NRB I I I EXISTING BULKHEAD I LIMITS OF DISTURBACE I I I I I I I NOTES: *LOT 173 IS IN FLOOD HAZARD ZONE "VE-, BASE ELEVATION 18 FEET BASED ON DFIRM 3720201600J. PANEL DATE 06-02-06. 'HORIZONTAL LOCATIONS ARE REFERENCED TO NAO 1983 (NSRS 2007) USING NCGS VRS WITH A TOPCON HIPER LOT 21 (VACANT LOT) 4,991 SQ. FT. 4.9' AVERAGE GRADE 7" W LOT 20 HARBOR ACRES SUBDIVISION MAP BOOK 8, PAGE 13 LOT 19 EIP .A• NRB In 0 m "B" EIP 1n 0 N m � s LITE PLUS ON 08-13-12. 1 ------ _------- -- m c-i m1O 00 �1 - im `d �zZ ERB � u'4 3!v C)m 0 D (A a z a 2 N O 00 U C? 0) Z r O � O Q U ZZW (0 Z � N Z w m N2 m .00 zxL) U 2014, GARY GURGANUS LAND SURVEYING GARY GURGANUS 20 G 20 40 LAND SURVEYING SCALE 1- s 20' GARY L. GURGANUS, P.L.S 3105 HOLDEN BEACH RD., SW Supply, North Carolina 28462 (910) 233-7605 NCINITY MAP LEGEND; 19 TO SCALE EIP O EXISTING IRON PIPE(FOUND) SURVEY FOR ROBIN SANDIFER 1 NRB 0 NEW RE -BAR (SET) ERB 0 EXISTING RE -BAR (FOUND) ., lmcmv p ic ' —'�UMEWOMM CM n CONCRETE MONUMENT PK 0 PK NAIL - MADE FROM LOT 21, (133 SWORDFISH STREET), FTI SEASIDEFN KW-ACH. CO 0 CLEAN OUT O FIRE HYDRANT JUN 112014 1 2014 MAP BOOK8,8,BOR ACRES SUBDIVISION. PAGE 13, HOLDEN BEACH, NORTH WV 0 WAS VALVE CAROUNA AND EXISTING PHYSICAL EVIDENCE WM O WATER METER LOCKWOOD FOLLY TOWNSHIP BRUNSWICK COUNTY NC 4/27/14 ® FKL AREA � wI r i SITE ' ACM C17'V FIELD BOOK: FILE NO. 14OW JOB NO. 14086 .. r. yj"r, I HERE CHETIE LINE: D PLAT OF SURVEY COMMENCING AT MONUMENT "HB 17", (N.C. GRID COORDINATES: TATIOONRWBI�ND SUA N - 58.156.4887 AND E - 21201,653.4218); 'HE THENCE N 80'43'52"E N AN RDANCE 76ANDARDS OF 1027.26 FEET TO MONUMENT 16", (N.C. N - 58,322.8069 AND E = 2,202,666.4042); GRID COORDINATES: THENCE N 01'43'14" W r (A t P LAND SUR IN IORTH CAROLINA. 859.16 FEET TO NRB "A"; THENCE S 01'53'39" E 49.93 FEET TO EIP "B". - JIMDISTANCES ALL BEARINGS ARE ORIENTED TO N.C. GRID NORTH, N.A.D. 1983. ALL (n O 0 r 4 ARE HORIZONTAL GROUND DISTANCES. U GAT L. NUS, P.L.S. 3674• GATE m Z - �J � su �% oNo GO /itW Z z 00U Z J N c OZ Z EIP NDo ---- ------ �� C.00 - — — — — — — — — I — N zS0 z I o LOT 22 i HARBOR ACRES W A SUBDIVISION MAP BOOK 8, PAGE 13 I � EXISTING 1 BULKHEAD 1 11 I N 87'22'22" E NRB NORMAL LOW NRB 90 97' 1 WATER LINE 1 BY ELEVATION 1 z LOT 21 0 A 0 1 ^� z (VACANT LOT) to (P m PROPOSED/ I 4,991 SQ. FT. to BULKHEAD w w o= to j o i 4.9' AVERAGE m gv i GRADE NORMAL HIGH I L WATER LINE I m EDGE OF FLAGGED BY DENR IMARSH LOCATED LOCATED OS 13-12 S 8T23'17" W 08-13-12 87.1T EIP z� To ° NRB I o 0 0� Oo EXISTING z m BULKHEAD LIMITS OF mz I DISTURBACE o 0 LOT 20 m � HARBOR ACRES �z SUBDIVISION I MAP BOOK 8, PAGE 13 I I D N z o 0 ------------- _ �o f � I I m LOT 19 NOTES: I *LOT 173 IS IN FLOOD HAZARD ZONE 'VE", BASE ELEVATION 18 FEET BASED ON DFIRM 37202016000. PANEL DATE 06-02-06. *HORIZONTAL LOCATIONS ARE REFERENCED TO NAD 1983 (NSRS 2007) USING NCGS VRS WITH A TOPCON HIPER LITE PLUS ON 08-13-12. -------------- ERB C 2014, GARY GURGANUS LAND SURVEYING GARY GURGANUS 20 o zo 40 LAND SURVEYING SCALE 1" = 20' GARY L. GURGANUS, P.L.S 3105 HOLDEN BEACH RD., SW Supply, North Carolina 28462 (910) 233-7605 VICINITY MAP LEGEND: t�TO SCALE EIP O EXISTING IRON PIPE (FOUND) SURVEY FOR NRB 0 NEW RE -BAR (SET) 0 ERB O EXISTING RE -BAR (FOUND) ROBIN SANDIFER G ���pCOAST CM CONCRETE MONUMENT WpTERW SWORDFISH PK 0 0 CO O PK NAIL CLEAN OUT MADE FROM LOT 21, (133 SWORDFISH STREET), OR. HARBOR ACRES SUBDIVISION. Tit SE;sjAmLFsH FH 0 FIRE HYDRANT MAP BOOK 8, PAGE 13. HOLDEN BEACH, NORTH DR WV ° WATER VALVE CAROLINA AND EXISTING PHYSICAL EVIDENCE rI WM ❑ WATER METER LOCKWOOD FOLLY TOWNSHIP BRUNSWICK COUNTY NC 4/27/14 HOLDEN ® FILL AREA AlUN11C S(TE ..,!�"Y1EW OCEPN BEACH. N.C. FIELD BOOK: FILE NO. 14086 JOB NO. 14086 Ll I � N I „ I i I I I I I I I I EXISTING i BULKHEAD TIE LINE: 0 COMMENCING AT MONUMENT "HB 17", (N.C. GRID COORDINATES: N N - 58.156.4887 AND E - 21201,653.4218); THENCE N 8943'52"E to 1027.26 FEET TO MONUMENT 'HB 16 , (N.C. GRID COORDINATES: D: v N = 58,322.8069 AND E - 2,202.666.4042); THENCE N 01'43'14" W N �} 859.16 FEET TO NRB "A"; THENCE S 01'53'39" E 49.93 FEET TO EIP "B". ALL BEARINGS ARE ORIENTED TO N.C. GRID NORTH, N.A.D. 1983. ALL In O O DISTANCES ARE HORIZONTAL GROUND DISTANCES 00 0 01 Z r- Q H C) O U O Z ZZtai 1-OJ C70 O Z J n Z w K (3Ofm -----------------------EIP N zoz00 Z 0 LOT 22 HARBOR ACRES w SUBDIVISION MAP BOOK 8, PAGE 13 1i N 87'22'22" E NRB NORMAL LOW NRB 9p 9l1 t WATER LINE t BY ELEVATION z LOT 21 0 t (VACANT LOT) n i PROPOSED a 4,991 SQ. FT. zo " BULKHEAD !Po° o + i t I 4.9' AVERAGE m GRADE NORMAL HIGH I WATER LINE I EDGE OF FLAGGED BY DENR I MARSH 1 LOCATED LOCATED 08-13-12 S BT 2317 W „B„ EIP j 08-13-12 87.17' 1 NRB 1 1 EXISTING i I BULKHEAD LIMITS OF I DISTURBACE LOT 20 HARBOR ACRES ' I SUBDIVISION I MAP BOOK 8, PAGE 13 ( Z O rI — — — — — — — — — 1fl I I I I LOT 19 NOTES: I *LOT 173 IS IN FLOOD HAZARD ZONE "VE", BASE ELEVATION 18 FEET BASED ON DFIRM 3720201600J. PANEL DATE 06-02-06. *HORIZONTAL LOCATIONS ARE REFERENCED TO NAD 1983 (NSRS 2007) USING NCGS VRS WITH A TOPCON RIPER LITE PLUS ON 08-13-12. 1--------------- 2014, 20 0 20 40 SCALE 1" = 20' VICINITY MAP NM TO SCALE 0 T9�pAs1 FT1 SEASIDE OR SAILFl AN VIEW �LYD. WEST N.C. LEGEND: EIP O EXISTING IRON PIPE (FOUND) NRB O NEW RE -BAR (SET) ERB O EXISTING RE -BAR (FOUND) CM c CONCRETE MONUMENT PK O PK NAIL CO O CLEAN OUT FH 0 FIRE HYDRANT WV 0 WATER VALVE WM 0 WATER METER ® FILL AREA 00 m - ( GARY GURGANUS LAND SURVEYING GARY L. GURGANUS, P.L.S 3105 HOLDEN BEACH RD., SW Supply, North Carolina 28462 (910) 233-7605 ROBIN MADE FROM LOT 21, HARBOR AC MAP BOOK B. PAGE 'EY FOR WDIFER 133 SWORDFISH STREET), =S SUBDIVISION, HOLDEN BEACH, NORTH ]LOCKWOOD FOLLY TOWNSHIP I BRUNSWICK COUNTY 1 NC 1 4/27/14