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HomeMy WebLinkAbout102-05 TX 10/2007 McKinney, Joseph F °`PitClassPermit�NumberTRANSFER 102-05 STAYI,,' OF NORTH CAROLINA Departriaent of Environment and Naiural Resources and /l l ' Y \,.C%ilJt.fll T'.('!�.iUi1.CJ l_�0.:'1i�nlS�ioJ.1 copy OCT 2 2 2007 , for I Morehead City DCM 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 Joseph McKinney, 23 Myrtle Ct., Wrightsville Beach, NC 28480 Authorizing development in New Hanover County at adj. to the Southside of Bradley Creek, 2501 Shandy Lane as requested in the permittee's application dated , 2/27/05 (MP-1 &MP-4) and 3/2/05 (MP-2) including the attached workplan drawings(5), 1 dated 7/11/05,2 dated 3/2/05, 1 dated 2/27/05,and 1 dated 6/2/05 This permit, issued on October 16, 2007 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent L reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. 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. James H. gson, Director Any maintenance work or project modification not covered hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2008 `! In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signat e of Permittee Joseph McKinney Permit#102-05 Page 2 of 4 A.5rDITIONAL CONDVV'k'.ONS ArN nwl:cnal tlle sides of the ,uthorized covered gazebc shall no' obstruct view and s i.2jI be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 4) The authorized covered gazebo shall be single,story, and shall not be designed to allow for second story use. 5) The pier and associated structures shall have a minimum setback distance of 15' feet between any parts of the structure and the adjacent property owner's riparian access corridor. In order to ensure compliance with this condition, an as-built survey shall be performed on the docking facilities, and a copy of the survey provided to the Division of Coastal Management, within 60 days of completion of construction of these portions of the project. 6) This permit authorizes a maximum of 3 boat slips. 7) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 8) Any portion of the permitted access pier and docking facilities built over coastal wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 9) As depicted in the attached cross section drawing dated 6/2/05, the portion of the access pier crossing the navigable channel shall be elevated a minimum of 10 feet above normal high water level. 10) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee shall not be relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. Excavation 11) In order to protect juvenile shrimp, finfish, and crab populations, no excavation or filling shall be permitted between April I and September 30 of any year without prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 12) No marsh grass shall be excavated and/or filled. 13) Excavation shall not exceed —3 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 14) The temporary placement or double-handling of excavated or filled materials within waters or vegetated wetlands shall not be authorized. 1, .1-X1X4-0�-K11~)-1W_ 0 4"o 44 4 444"�,�-m-y"..0�,-i W J Joseph McKinney Permit#102-05 Page 3 of 4 A!.'1,DY.E,,0'N1AL C�-57ND;K`1[10NS `i,all be, c(,A1`a-.r;d above jy)i�arj �'.gh water and landward of re.guh.ly or ar All exc-Nated % irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spill-over of C. solids into any marsh or surrounding waters. 16) The spoil area shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty(30) working days of project completion. 17) The applicant shall schedule an on-site disposal area inspection prior to beginning any excavation activities. It is recommended that the applicant contact the appropriate Division Representative at least two weeks prior to the expected start date. General 18) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 19) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. , I 20) 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 shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 21) The West Indian Manatee (Trichechus manatus), which is listed as a federally endangered species, has been reported in the waters in Pender County. In order to protect the West Indian manatee all work should be done during the period from November I through May 31. If work must be done during the period from June through October the enclosed guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina" must be followed. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, V approvals or authorizations that may be required. NOTE: Future. development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. Toseph McKinney Permit#102-05 Page 4 of 4 X.).k.TIONAL C0ND-.'l'l'I0NS 11 ia-,r Quality 1-nis, assioj-.ied� tl.-Iz prorjorled prc�;,---t DVVQ Project. N'0. .4.C. DivLion Y TE. 050477. NOTE: The U.S. Army Corps of Engineers has assigned. the proposed project COE Action Id. No. 200500575. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary October 16, 2007 Mr.Joseph McKinney 23 Myrtle Court Wrightsville Beach NC 28480 Dear Mr.McKinney: 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. Please sign both the original (buff- colored form)and the Xerox stamped "Copy". 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.Please retain the original (buff-colored form),as it must be available on site when the project is inspected for compliance. 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 require 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 is to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas,you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, A7& I/; k i . Douglas V.Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet:www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper AAA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley, Governor James H.Gregson,Director VJ,Riam G. Ross Jr.,Secretary Authorized Agent Consent Agreement �eA0 is hereby authorized to -ict on my behalf (Printed Name of Agent) in order to obtain any CAMA permit(s) required for the property listed below. The authorizEttion is limited to the specific activities described in the attached sketch. LOCATION OF PROJECT: PROPERTY OWNER MAILING ADDRESS: CA- y4s-�� - a S ll 8 0 PHONE NO. 3 �~ b 3 ` AUTHORIZED AGENT MAILING ADDRESS: 31�od PHONE NO. 0�—Z 91�-Y Z13 Signature of Property Owner: ---- Signature of Authorized Agent: -- --RECEIVED Date: /l��o� DCM WILMINGTON, NC AUG 2 2 2007 127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled N io%Post consumer Paper Permit# DCM Coordinator: 6, ,i MAILING DISTTRTBUTION: Permitee: - 12_ C. 1h1 Agent: -- -- DCM field Offices: Elizabeth City Morehead City on* Wilmi US Army orps of Engineers(USACE): Washington: Mike Bell (NCDOT) 'Bill Biddlecome.(NCDOT) Raleigh Bland Wilminoto DaveTimpy Others: Cultural Resources: Renee Gledhill-Early Public Water Supply: Debra Benoy(WIRO) Fred Hill(WARD) Marine Fisheries: Mike Street NCDOT: Ken Pace Shellfish Sanitation: , Patty Fowler State Property Office: / Water Quality: ndi Karol for non-DOT) /0'2 l John Hennessy Wildlife Resources: Maria Tripp Steve Everhart Travis Wilson(NCDOT) LPO. FAXING DISTRIBUTION: Permitee at Agent at DCNI Field Offices: Elizabeth City(252-264-3723) Morehead City(252-247-3330) Washington(252-943-0473) Wilmington(910-350-2004) US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252-975-1399) Wilmington: Dave Timpy(910-2514025) CA-NL.k Major Permit Process Manual Page 70 of 76 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS J P.O.BOX 1890 WILMINGTON,NORTH CAROLINA28402-1890 IN REPLY REFER TO October 30, 2007 Regulatory Division Action ID No. 200500575 and State Permit No. 102-05 Joseph"M6Xinney 23 Myrtle Court Wrightsville Beach,North Carolina 28480 Dear Sir or Madam: Through coordination with the North Carolina Division of Coastal Management,we have learned of your,request to transfer Department of the Army(DA)permit issued to Dan Rizzo on October 24,2005 to the Joseph McKinney. This permit authorized the excavation of a small boat basin and construction of a private pier, gazebo,boat lift and floating docks at 2501 Shandy Lane,adjacent to the south of Bradley Creek,Wilmington, in New Hanover County,North Carolina. The proposal continues to be consistent with the provisions and objectives of general permit No. 198000291. The permit is hereby transferred. It is understood that all other conditions of your permit remain applicable and will expire December 31,2008. (copy enclosed) If you have any questions or comments you may call me at(910)251-4634. Sincerely, Dave Timpy,Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished(without enclosure): Dan Rizzo 2127 Harborway Drive Wilmington NC 28405 -2- Chief, Source Data Unit NOAA/National Ocean Survey ATTN: Sharon Tear N/CS261 C111Y1315 East-West Hwy.,Rm. 7316 Silver Spring,MD 20910-3282 NOV 6 2007 Mr. Doug Huggett Division of Coastal Management Morehead City p(;I,1 North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,NC 28557-3421 Mr. Jim Gregson,District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington,North Carolina 28405 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary NOTICE OF VIOLATION September 10, 2007 CERTIFIED MAIL 7005 0390 0001 3200 3591 ' RETURN RECEIPT REQUESTED Joe A. McKinney SEP, l % 207 23 Myrtle Court Wrightsville Beach, NC 28480 Morenead City DCM NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION#07-74D Dear Mr. McKinney: This letter confirms that on August 21, 2007, 1 was onsite at your property located at 2501 Shandy Lane adjacent to Bradley Creek located in or near Wilmington, off Greenville Sound Rd., New Hanover County, North Carolina. The purpose of the visit was to investigate the unauthorized modified location for development of a pier within Bradley Creek. Information gathered by me for the NC Division of Coastal Management shows that you have violated the terms or conditions of State Permit No. 102-05 which was issued to Mr. Dan Rizzo by the Coastal Resources Commission and the North Carolina Department of Environment and Natural Resources. No person may undertake major development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department of Environment and Natural Resources pursuant to the North Carolina General Statutes (N.C.G.S.) 113A-118. 1 hereby request that you immediately CEASE AND DESIST such violation(s) and comply with the terms and conditions of the above permit. On October 24, 2005, State Permit No. 102-05 was last issued to Dan Rizzo for a private docking facility within Bradley Creek on property located in New Hanover County, North Carolina, off Shandy Road. This permit was issued for a CAMA Major Development in an Area of Environmental Concern, in accordance with North Carolina General Statutes(N.C.G.S.) 113A-118. This permit included the following terms and conditions(s): 7. This permit authorizes only the docks, piers and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. For the following reasons, you are in violation of the above terms and conditions(s) of your permit: 1. Construction of a pier in an unauthorized modified location. In order to determine if the aforementioned development activity may have been permitted via the CAMA Permit process and to determine if the activity is consistent with the North Carolina Administrative Code, Title 15A, 7H. State Guidelines for Areas of Environmental Concem, I am requesting that you provide me with the following: 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-7215\ FAX: 910-350-2004\ Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled\10%Post Consumer Paper ivn. 1v1L1r\11 n icy September 10, 2007 Page 2 of 2 1. Documentation from the Army Corp of Engineers (Dave Timpey - 251-4634), N.C. Division of Marine Fisheries (Fritz Rohde - 796-7215) and N.C. Division of Water Quality (Joanne Steenhuis - 796-7215) stating that they have no objection to the modified pier location that occurred at 2501 Shandy Lane. 2. Continue the process of transferring the permit into your name. 3. Provide confirmation that a written statement has been obtained, signed by the adjacent riparian property owners, indicating that they have no objection to the completed work; or you may provide confirmation that adjacent riparian property owners have been notified by certified mail of the completed work. This notice shall instruct adjacent property owners to provide any comments on the completed development in writing to this Division within ten (10) days of receipt of the notice and shall indicate that no response from them will be interpreted as not having any objection. 4. Additional restoration is pending at this time A civil penalty of up to Twenty-Five Hundred Dollars ($2500) may be assessed, or an injunction or criminal penalty may be sought against any person who violates a CAMA Major Development permit. It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of $350 against all violations. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed will depend on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. If restoration of the affected resources is requested but is not undertaken or completed satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will be sought ordering restoration(N.C.G.S. 113A-126). The relevant statutes and regulations are available from this office, and I am willing to assist you in complying with the requirements of these laws. A site inspection will be made in the near future to determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me immediately. Thank you for your time and cooperation in resolving this important matter. If you have any questions about this or related matters, please call me at (910) 796-7215. Upon completion of the restoration, as will be requested in a Restoration Plan Agreement, to the satisfaction of the Division of Coastal Management, you will be notified as to the amount of the civil assessment for failure to act in accordance with the terms, conditions, or requirements of such permit. Since bb Mairs oastal Management Representative RB/TC Cc: Ted Tyndall,Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Dave Timpy, ACOE Ann Hines, LPO 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: (910) 796-7215\FAX: 910-350-2004\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary MEMORANDUM TO: Doug Huggett DCM—Morehead City FROM: Robb Mairs DCM-Wilm gton RE: Permit Transfer-CAMA Permit#102-05 More Dan Rizzo �'✓'�' _ New Hanover County DATE: August 30, 2007 Mr. Michael Conard with Carolina Marine Construction, Inc. and acting agent for Joseph McKinney, new owner of 2501 Shandy Lane, is requesting a transfer of State Permit#102-05. State Permit#102-05 was originally issued to William J. Branch on August 11,2005 for anew private docking facility and new excavation located at 2501 Shandy Lane,Wilmington, N.C.,New Hanover County. State Permit#102-05 was then transferred to Dan Rizzo on October 24,2005 and is due to expire on December 31, 2008. Mr.Conard states that the transferred permit will be used for the purposes for which it was issued;that there will be no change in the conditions, circumstances, or facts affecting the project. The agent has submitted a check(ck.#2706)in the amount of$100.00 for the transfer request,as well as a copy of the deed to the property. This Office has no objection to the permit transfer request. Enclosures cc: WiRO files Dave Timpy,ACOE 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964\Internet: http://www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper CAROLINA MARINE CONSTRUCTION, Inc. 3600-E South College Rd. PMB:326 Wilmington, N.C. 28412 910-793-4143 fax 794-9909 August 22, 2007 To: DEH & NR Attn: Rob Re: 2501 Shandy Lane Rob: As per our conversation yesterday, we would like to transfer permit #102-05 from the previous owner, Dan Rizzo to the current owner Joseph McKinney. The property is located at 2501 Shandy Lane. There will be no changes to the permitted structure and it will still be used by the current owner for the sole purpose of recreational boating. If you have any questions or need anything else further, please don't hesitate to call me on my cell at 910-470- 6610. Thanks, RECEIVED [ACM WILMINGTON. NC AUG 2 2 2007 W ��' '�� ��11��1�1�I�IIlllll��111�11�111�1111�11� o 2005029487 FOR REGIISTRATA N REMITTER OF DEEDS NEW HAµOVER COUNTY. NC M Vy 25 11;33 47 Aft DAN RIZZO— MAIL BK:5026 PG.2090-2092 FEE:$17.00 PO BOX 2676 NC RE1�C�`STj�MP{'�$4'2�Q� �Q SURF CITY NC 2844!5 Ir1��RUi�EN1 � 200602A NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: 4200.00 Parcel I. D.No. R06300-001-014-000 Brief Description for the Index: Prepared by: Dan Rizzo, Attorney, PO Box 2676, Surf City, NC 28445 Mail/Hold after recording to: Grantee WITI IOUT TITLE EXAMINATION THIS DEED,made this 18th day of May, 2006, by and between R. DANIEL RIZZO AND WIFE,JUDITH F. RIZZO,Grantors; and JOSEPH A. MCKINNEY,JR. AND MEREDITH A. JONES,GRANTEE, having an address of: 23 Myrtle Court, Wrightsville Beach,NC 28480 [The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors, and assigns,and shall include singular,plural,masculine, feminine or neuter as required by context.] WITNESSETH,that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged,has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the County of New Hanover County, North Carolina,and more particularly described as follows: Being all that property shown on a map entitled `MAP OF SURVEY FOR DOUGLAS V. BLUNT EMILY S. BLUNT",prepared by Robert H. Goslee&Associates and recorded in Map Book 27, Page 27,of the New Hanover County Registry, excluding however, the easement for access shown thereon, which was released by instrument recorded in Book 4228, Page 217, of the New Hanover County Registry. TOGETHER WITH an access easement as described in Deed of Easement from John Russell Hicks and spouse, Carolyn T. Hicks,to William J. Branch, dated March 8, 2004 and recorded on March 11,2004, in Book 4228, Page 213, of the New Hanover County Registry, to which reference is made for a more complete description. Also together with all right and title of the Grantor in all property described in deeds recorded in Book 389, at Page 62 and in Book 389, at Page 63 and in Book 4528, at Page 670, of the New Hanover County Registry, not included in the foregoing description, if any. The above referred to property was conveyed to Grantor by deed recorded in Book 4880,Page 1978 New Hanover County Registry, North Carolina. R EC L I V E D DCM WILMINGTON. NC AUG 2 2 2007 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee,that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever,other than the following exceptions: The provisions of all applicable zoning and land use ordinances,statutes and regulations; current year ad valorem taxes;all applicable restrictive covenants and utility easements of record. Any portion of the property described in deeds recorded in Book 389,at Page 62,Book 389,at Page 63 and in Book 4528,at Page 670,of the New Hanover County Registry,which is not included in the property described in Map Book 27 at Page 27 of the New Hanover County Registry, if any, is excluded from warranty. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. 190r"� (SEAL) R. DANIEL RIZZO — \61U = ij , A ' + (SEAL) JUDITH F. RIZZO State of North Carolina, County of Pender 1,the undersigned a Notary Public of the County and State aforesaid,certify that R. DANIEL RIZZO AND WIFE,JUDITH F. RIZZO, personally came before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein contained. Witness my hand and official stamp or seal this;/2�?-'�ay of May,2006. _ h�st.c.c� Notary P lic My commission expires: /y r TU FI ..1 L S rth L " Notary Public,No Carolir:.. County of Pander i Sandy H. Min nich OM nEX reeve RECEIVED DCM WILMINGTON. NC AUG 2 2 2007