Loading...
HomeMy WebLinkAbout170-05 The Resort at Ocean Isle Beach, LLC NOU-30-2005 16:48 From: To:4 P.8/11 Nov-23-05 12 .28P Patrick S Lisa Ba11antine 910 793 942E P.02 ND.1-17.2005 09:57 From: 70910 793 912S P.316 Pcrmit Clams PennitNumbal' E��rCYs PCrmlt Prngrgm) �17(1.O,W= STATE Of NORTH CAROLINA Dopirim;nt of Environment and Ntt UMI Resources and Coastal Resources Commission / ertnit I'or -A, Major Devalopmant in tin Area of Environmental Como= pursuant to NCGS ) 13A-I IS Excavation and/or filling pursuont to NCGS 113.229 Ixsued to The Re.%artA;—Qqcork 1 e lto c LLC cc, all,6606 Bench Drive SW Unfit Qeu n (Ala NC 2a 69 Aulhorii.ing davelopmeni in jn*t4'i&{�' County of ad,►, ro the Attends: Dcdrnn an Camern Chnnnol, botwuon Ct is raquosied in the permitmc's opplication a ,(MP-4), inc,the eft.work Inn drbwirig referenced m Condition I oft is Urmit.&the Ocean Hn2ord Nelice did 9/29/65 This permit, issued on , is auhject to complinoce"jib lhu npplicatian (whore consistent with ilia pcntlit),all applicable rcdulntions,special conditions and nows set Ibnh bolow. Any violation of theAc tortes may be sub cot to tZnes im risanmcnt or civil acraon or maX cause the pLkm1li1 to he null and void. E"R�IlY.l9 v� it>lmcnt 1) Unleaa set 01Cally altered heroin, ail wort: shall be done In accordance with the partnittee's application and work plan drawings (15), dated 9128/05 (1.5 of 15, 7 & 8 of 15), 10/21 M (6 & 9 of 15), 10/02/05 (10 Of 15), 10/10105(1 1 & 15 of 15) and 6102i05 (12.14 or 15), including the USACC weilands delineation map signnture diti d 9/2845,And Ihq Contmitmont letter frotn the pcnnince dated 9/r9105. (Sae Atlecthcd Sheds for Additional Condltilonli) This permit 4crion may N appealud by the pgrmittao or slancd by the authorlty of the sticntnry of DP:NR and the other qualified persons wiihin twenly(20)duys of the issuin0 t:hnirmon oftho Cepstol Reoour"$>rolnmioillon di►ic, An 4ppeal roquiros resolution prior lu work initiation er Continuance as the cilia may be, Thjs permit must be accomible on-sire to Dcpnnmcra porsonnel when the p►o,jact lit inupedad for eomplionce Any mninrvnanre wurk or pwjact modiflcatiaa not covered aria& aOrW�, Director lierounde►regµirsi rwnhar Division opproval I iviAion ol'Caugtt7l Management All work must cerise when the pcnrtit expires on December 31, 2Q118 'fhltt Permit and M conditional are hareby accepted In issuing rills Pamir, the SIM of North Carolina agrees Char YPllr prgicct is Qonaalylant with the North Carolina Caasral Mmmolicmuna Program. Signatt►re of noo NOV-30-2005 16:49 From: To:4 P.9/11 The Resort at Ocean Isle Beach, LLC Permit# 170-05 Page 2 of 4 &DDiTIONAL CONDITIONS 2) Unless specifically altered herein, this permit authorizes only the land disturbing activities associated with the establishment of The Resort at Ocean Isle Beach subdivision, including but not limited to the construction of the roads, utilities, swimming pool, clubhouse, community pier and stormwater collection system, all as expressly and specifically set forth in the permit application and depicted on the attached work-plat drawing. Any additional land disturbing activities and/or construction shall be evaluated on a case-by-case basis by a representative of the Division of Coastal Management(DCM)to determine additional permit requirements. Contact a representative of the Division at (910) 796.7215 prior to the commencement of any such activity for this determination. 3) The pennittee shall survey and stake the static vegetation line based on information provided by the Division of Coastal Management. The permittee shall then contact a representative from the Division of Coastal Management at (910) 796.721 3 to verify the static vegetation line. 4) Structures less than 5,000 sq. ft. in size shall be set back a minimum of 60 feet from the first line of stable natural vegetation and large structures greater than 5,000 sq, ft. in size shall be setback a minimum of 120 feet from the first line of stable natural vegetation, 5) All buildings within the Ocean Hazard Area of Environmental Concern (AEC) shall have a tip penetration greater than eight(8) feet below the lowest ground elevation under the structure. 6) All buildings within the Ocean .Flazard Area shall be on pilings not less than eight inches in diameter if round or eight inches to a side if square 7) Any portion of the main decking extending oceanward of the small structure setback line shall not exceed 500 sq. ft, 8) Dune disturbance shall be allowed only to the extent necessary for development and if the dune's protective value is not weakened or reduced. All disturbed areas shall be immediately stabilized with vegetation. 9) The access way(s) shall be raised on posts or pilings of rive feet or less in depth., so that whenever possible only the posts or pilings touch the frontal dune. Where this is deemed impossible, the structure shall touch the dune only to extend absolutely necessary, In no case shall the access way(s) diminish the dune's capacity as a protective barrier against flooding and erosion. 10) All foundations and structures shall be designed to be stable during applicable fluctuations in ground elevation and wave force during a 100-year storm. Cantilevered docks and walkways shall meet this standard or shall be designed to break away without structural damage to the main structure. 11) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two (2)years of the time when it becomes imminently threatened, and in any case, upon its collapse or subsidence. However, if natural shoreline recovery or beach re-nourishment takes place within two (2) years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under CRC Rules. NOO-30-2005 16:49 From: To:4 P.10/11 The Resort at Ocean Isle Beach, LLC Permit#170-05 Page 3 of 4 ADDITIONAL CONDITIONS 12) In accordance with the commitments made by the permittee in a letter dated 9/29/05,and in accordance with 15A NCAC 7H.03 06(c), the resort at Ocean isle Beach, i_I_C, et. al., and/or the Property Owners Association, shall not utilize public funds for the proposed project. Community Pie 13) This permit authorizes only the crabbing and viewing dock, and uses located in or over the water, that are expressly and specifically set forth in the permit application, unless amended herein by condition, No other structure, whether floating or stationary, shall become a permanent part of these docking facilities without permit modification. No non water dependent uses of structures may be conducted on/in, or over public trust waters without permit modification. 14) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 15) 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 facility„ At a minimum, permanent reflectors should be attached to the pier and platform structures in order to make them more visible during hours of darkness or inclement weather. r , 16) It is possible that the authorized structures may be damaged by wave wash from passing vessels, The issuance of this permit does not relieve the pcnnittce from taking all proper steps to ensure the integrity of the permitted structure. The permittee shall not hold the State of North Carolina or the United States liable for any such damage. 17) IT either lot 79 or lot 80 is sold prior to initiation of construction of the pier structure, waivers from the new property owners shall be required. 18) Any portion of the permitted access pier built over coastal wetlands shall not exceed six feet in width and shall he ticvatod a minimum of three .feet above the wetland substrate as measured from the bottom of the decking, 19) 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. Stgrmwater Management 20) The Division of Water Quality's approval of this project under stormwater management rules of the Environmental Management Corrunission is covered by way of an Express Stormwater Permit No, SW8051008 issued on 1.1/2/05, Any violation of the pennit approved by the Division of Water Quality shall be considered a violation of this CAMA permit, NOV-30-2005 16:50 From: To:4 P.11/11 'The Resort at Ocean Isle Beach, LLC Permit#170.05 Page 4 of 4 AT)DTTIONAL CONDITIONS Sedimentation and Erncion Control 21) Appropriate sedimentation and erosion control devices, measures or structures (e.g. silt fence, diversion swales or berms, sand fence, etc.) shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and/or properties,. 22) In order to protect eater quality, runoff frorn construction shall not visibly increase the amount of suspended gcdiments in adjacent waters. NOTE: The permittee has received a Sedimentation and Erosion Control Plan for the Resort at Ocean Isle Beach project (LQS Permit No, Bruns-2006-115). Should the permittee choose to modify/amend the existing permit, he or she should contact the Department of Environment and Natural Resources; Land Quality Section, at 127 Cardinal Drive Extension, Wilmington, NC 28405. General 23) All construction shall comply with the NC Building Code and all other Federal, State, and Local regulations, including the local flood damage prevention ordinance as required by the National Flood insurance program. , NQ,TQ The building code, local zoning or.Aood damage prevention ordinances may impose additional, more restrictive requirements than the Division's standards for development in Areas of Environmental Concern (AECs). Contact the Town of Ocean Isle Beach Inspections Department at(910) 579.3469 for local requirements and permits. The permittee should be aware that future development on the site would require individual property owners to obtain LAMA Minor.Permits from the Town of Ocean Isle Beach, for subsequent development of individual lots within the 75' Estuarine Shoreline AEC, and the Ocean Hazard AEC. To obtain any minor permits please contact the Local Permit Officer(LPO), with the Town of Ocean Isle Beach, at 3 West Third Street, Ocean Isle Beach,NC 28469, NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOT& In accordance with 13A NCAC 7.14,0308(a), no new seawall or riprap revetments within the Ocean Hazard Area shall be allowed in the nature should any structure become threatened from erosion. The pemmittee is advised that any development or land disturbing activity that is considered non- water dependent is not authorized within 30 feet of the normal high water level unless specifically exempted by Coastal Resource Commission (CRC) regulations in place at the time of such development. NOTE: The U.S. Army Corps of Engineers authorized the proposed protect under General Pen-nit No, 197800056 (COE Action Id. No. 200600086),which was issued on 11/04/05, DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: The Resort at Ocean Isle Beach C/o Patrick Ballantine 2. LOCATION OF PROJECT SITE: Approximately 16 acres, ocean to sound along First Street and Third Street, between Troy Street and Summer Place Subdivision,approximately 1/2 mile west of the Ocean Isle Beach causeway, Ocean Isle Beach,Brunswick Co. Photo Index-2000: 1-8 L-P 13-17 1995: 1-8 L-P 10-14 1989: 4-193-14 H-L 13-18 State Plane Coordinates-X: 2168598 Y: 50367 Rover File:V-082310A 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 8/23/05 10/6/05 Was Applicant Present—Yes No 5. PROCESSING PROCEDURE:Application Received—completed- 10/21/05 Office-Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan-Town of Ocean Isle Beach Land Classification From LUP—Urban Transition and Developed (B) AEC(s)Involved: OH,CW,ES,EW (C) Water Dependent: Pier-Yes High ground development-No (D) Intended Use: Residential Subdivision (E) Wastewater Treatment: Existing-None Planned-Municipal sewer (F) Type of Structures: Existing-Single-family residence at 103 W. First St. (to be removed) Planned - 95 lot subdivision including roads and utilities, oceanfront community center and swimming pool and community pier (G) Estimated Rate of Erosion: 2 ft./yr. Source— 1998 LAASCR Page 2 of 60 7. HABITAT DESCRIPTION: [AREA] DREDGED F EOjHER (A)Vegetated Wetlands 125 sq. ft. Coastal shaded (B)Non-Vegetated Wetlands 24 sq. ft. Open Water incorporated (C)Other Graded-4 acres High ground (D) Total Area Disturbed: 174,390 sq. ft.or 4 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant proposes to develop a 95-lot subdivision including: roads,utilities,swimming pool and clubhouse,and community pier. The Resort at Ocean Isle Beach Page Two 9. PROJECT DESCRIPTION 1. The applicant's project is located along First Street and Third Street,between Troy Street and Summer Place Subdivision,approximately 1/2 mile west of the Ocean Isle Beach causeway,within the Town of Ocean Isle Beach, in Brunswick County.The property includes the existing oceanfront single-family residence and lot at 103 West First Street and approximately 16 acres of undeveloped land between West First Street and West Third Street and north of West Third Street to Eastern Channel(aka Old Sound Creek). The lot at 103 West First Street is 58.86 feet wide and approximately 152 feet in depth from the street. The existing single-family residential structure is to be removed from the site.There is a single frontal dune system on the ocean side (south)of the lot reaching an elevation of 17.69 feet mean sea level(MSL). This dune area is vegetated with various grasses and plants including: Sea Oats(Uniola paniculata), Seaside Goldenrod(Solidago sempervirens),Pennywort(Hydrocotyle bonariensis). Landward of the dune,the remainder of the lot is flat(12 feet MSL)and vegetation consists of lawn grass. The rest of the property(approx. 16 acres)is undeveloped. The topography over the area consists of rolling sand dunes(Newhan fine sand),with typical dune vegetation including Sea Oats(Uniola paniculata),Catbriar(Smilax, sp.),Prickly Pear Cactus(Opuntia, sp.), Seaside Goldenrod(Solidago sempervirens), Southern Wax Myrtle(Merica cerifera), Grounsel-bush(Baccharus halimifolia),Dune-Elder(Iva imbricata),Yaupon(Ilex vomitoria),Red Cedar(Juniperus virginiana)and other maritime thicket plants and dune grasses. Elevations on the property range from 1 foot to 10 feet above mean sea level. The property north of West Third Street has approximately 1,300 linear feet of shoreline along the Eastern Channel. Highground abruptly falls to coastal marsh along a 3-ft.to 5-ft. embankment at the shoreline. Adjacent to the shoreline,there is a marsh border,approximately 20-30 feet wide. The marsh vegetation is primarily Smooth Cordgrass(Spartina alterniora),but at the transition to highground there are some areas that include: Black Needle Rush(Juncus roemarianus), Salt Meadow Grass(Spartina patens)and/or Sea Oxeye(Borrichia frutescens). The waters of Eastern Channel,adjacent to the project are classified as SA by the NC Division of Water Quality. These waters are not designated as Primary Nursery Area(PNA)by the NC Division of Marine Fisheries. The adjacent waters are open to the harvest of shellfish. A portion of the project is located within the High Hazard Flood Area,as indicated by Zone VE(elevation 17)on the Flood Insurance Rate Maps for Ocean Isle Beach. PROPOSED PROJECT The applicant proposes to develop a 95-lot,single-family subdivision including: roads,utilities, an oceanfront community clubhouse and swimming pool amenity,and a community fishing and crabbing pier to Eastern Channel. Development would include grading and filling of approximately 4 acres of the property for road construction and the Beach Club lot preparation. Individual lots sizes would vary between 5,000 to 6,500 square feet,with a project design density of 6 unitstacre. The existing access to the lots provided by West First and Third Streets will be supplemented by the construction of three roads(Sea Turtle Path, Shelby Street and the extension of Second Street).Additional upgrades and paving are proposed for the existing dirt portions of Turlington and Second Streets.The applicant states that the project is currently under review for a Stormwater Permit and a Sedimentation and Erosion Control Plan by the North Carolina Divisions of Water Quality and Land Resources,respectively. The Town of Ocean Isle Beach would provide water and wastewater disposal, however,the applicant states that the ownership of the new roads and utilities will be subsequently transferred to the subdivision property owners for long-term maintenance and/or repair. The applicant is proposing to construct a community Beach Club and swimming pool at the 103 West First Street lot. The existing house would be removed to facilitate the installation of the swimming pool and associated wooden decking(41' X 60').The clubhouse(42' X 32')would be single-story,constructed on pilings and partially over approximately 10 feet of the north end of the swimming pool. There would be a pool equipment room(18' X 10')and an elevator shaft(6' X 6')downstairs,bathrooms,kitchen, space for The Resort at Ocean Isle Beach Page Three Meetings, and social activities upstairs. The applicant is also proposing to construct an elevated beach access walkway(6' wide),from the pool deck to the beach strand.A paved parking area is proposed between the clubhouse and West First Street. The applicants also propose a community fishing and crabbing pier. The pier would be constructed from a pedestrian easement(6'wide),between Lots 79 and 80.The pier would be 34'feet long and 6 feet wide,extending from an area above the"404"type wetlands line down to the Normal Low Water(NLW)line. 10. ANTICIPATED EWPACTS: The initial grading of the property for road construction and utility installation would result in the disturbance of approximately 4 acres of high ground.The proposed roadways and pool house construction would result in the creation of approximately 2,734 square feet of impervious surface. Subsequent individual lot development would create additional impervious surface area,and would require individual lot owners to obtain CAMA Minor Development Permits from the Town of Ocean Isle Beach for all lots within Areas of Environmental Concern(AECs). The proposed community pier would shade approximately 180 square feet of coastal wetlands and would incorporate approx. 24 sq. ft.of estuarine waters and public trust area within Eastern Channel. There is the potential for an additional 26 private piers to be associated with the subsequent development of the residential lots adjacent to Eastern Channel. Submitted by: Jason Dail Date: October 24,2005 Office: Wilmington D C� K V OCT 0 3 2005 APPLICATIO DIVISION OF ,O4•STQ,I_ MANAGEMENT (To be completed by all applicants) Town of Ocean Isle Beach 1. APPLICANT c. Street address or secondary road number. Property situated between First and Third Street in blocks between Troy and Sea Turtle a. Applicant: Streets. Name The Resort at Ocean Isle d. Is proposed work within city limits or Beach, LLC planning jurisdiction? X Yes No (Town of Ocean Isle Beach) Address 6606 Beach Drive SW,Unit E City Ocean Isle Beach State NC e. Name of body of water nearest project(e.g. river,creek, sound,bay) Zip 28469 Day Phone 910.579.2800 Old Sound Creek and Atlantic Ocean Fax 910.570.2801 b. Authorized Agent: 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Name Patrick Ballantine Address 6008 Forest Creek Circle a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, City Wilmington State NC pier,And excavation and/or filling activities) Zip 28403 Day Phone 910.232.6019 Subdivision to create 95 residential lots, construction of platted roads, oceanfront pool Fax 910.793.9425 and pool house. c. Project name (if any b. Is the proposed activity maintenance of an The Resort at Ocean Isle Beach existing project,new work,or both? Both. Will be re-development of existin a landowner(s),a issued and/or project name. g NOTE: Permit will o name of oceanfront lot and First,Third,and TM Streets j exist. Portions of Troy Street to be improved, remainder to be new work. 2. LOCATION OF PROPOSED c. Will the project be for public,private or PROJECT commercial use? Private,with the exception of the roads which will be constructed by a. County Brunswick applicant and dedicated to the town for public use. b. City,town,community or landmark d. Give a brief description of purpose, use, Revised 03/95 Form DCM-MP-I j. Has a professional archaeological assessment methods of construction and daily operations of been done for the tract? Yes_X—No If yes,by whom9 proposed project. If more space is needed,please k. Is the project located in a National Registered attach additional pages. Standard daily Historic District or does it involve a National operations and good construction practices. Register listed or eligible property? Yes X No 1.Are there wetlands on the site? X Yes No 4. LAND AND WATER Coastal(marsh) X Other CHARACTERISTICS If yes,has a delineation been conducted? (Attach documentation,if available) a. Size of entire tract +/- 16-acres m. Describe existing wastewater treatment b. Size of individual lot(s) avg. 5,700 sq.ft. facilities. c. Approximate elevation of tract above MHW Municipal system. or NWL Ranges from+10'MSL to SL n. Describe location and type of discharges to waters of the state. (For example,surface runoff, d. Soil type(s)and texture(s)of tract Sanitary wastewater, industrial/commercial Newhawn sands on upland and Carteret effluent,"wash down"and residential discharges.) sands in wetlands. Surface run-off from the proposed homesites e. Vegetation on tract Dune-like spps on and poolhouse will be handled through a state- upland- including Uniola aniculata,Spartina approved stormwater plan. p patens,Mvrica cerifera on uplands. Spartina o. Describe existing drinking water supply alterniflora and Juncus roemerianus in wetlands. source. Municipal system. f. Man-made features now on tract First, Third,and Troy Streets existing. Existing ome 5. ADDITIONAL INFORMATION on oceanfront parcel at 103 W. I" Street. Existing asphalt parking lot within area of In addition to the completed application form,the planned lots 67-69. following items must be submitted: g. What is the CAMA Land Use Plan land * A copy of the deed (with state application classification of the site?(consult the local land use only) or other instrument under which the plan) applicant claims title to the affected properties. Conservation Transitional If the applicant is not claiming to be the owner of Developed Community said property,then forward a copy of the deed Rural X Other or other instrument under which the owner (Municipal) claims title, plus written permission from the owner to carry out the project. h. How is the tract zoned by local government? Residential * An accurate,dated work plat(including plan view and cross-sectional drawings)drawn to scale I. Is the proposed project consistent with the in black ink on an 8 %2"by I I"white paper. applicable zoning?_X_Yes No (Refer to Coastal Resources Commission Rule (Attach zoning compliance cer ' te,7pl' t, 7J.0203 for a detailed description.) D Revised 03/95 C) )F COAST/-- 1'ajEMENT Form DCM-MP-1 * A signed AEC hazard notice for projects in oceanfront and inlet areas. Please note that original drawings are preferred and only high quality copies will be accepted. * A statement of compliance with the N.C. Blue-line prints or other larger plats are Environmental Policy Act(N.C.G.S.113A-1 to acceptable only if an adequate number of quality 10) If the project involves the expenditure of copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that public funds or use of public lands, attach a agency's use of larger drawings.) A site or statement documenting compliance with the North location map is a part of plat requirements and it Carolina Environmental Policy Act. must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. 6. CERTIFICATION AND PERMISSION Include highway or secondary road(SR)numbers, TO ENTER ON LAND landmarks,and the like. * A Stormwater Certification, if one is I understand that any permit issued in response to necessary. this application will allow only the development described in the application. The project will be The project's engineer has submitted a subject to conditions and restrictions contained in Stormwater Plan to the NC Division of Water the permit. Quality,for review concurrent with review of this application. I certify that to the best of my knowledge, the proposed activity complies with the State ofNorth *A list of the names and complete addresses of Carolina's approved Coastal Management the adjacent waterfront(riparian)landowners Program and will be conducted in a manner and signed return receipts as proof that such consistent with such program. owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which I certify that I am authorized to grant, and do in to submit comments on the proposed project to the fact, grant permission to representatives of state Division of Coastal Management. Upon signing and federal review agencies to enter on the this form,the applicant further certifies that such aforementioned lands in connection with notice has been provided. evaluating information related to this permit application and follow-up monitoring of the Name Q 4�jproject. Address I further certify that the information provided in Name this application is truthful to the best of my Address knowledge. * A list of previous state or federal permits p issued for work on the project tract. Include This is the / day of 50f Gnu. ,20 0�r. permit numbers,permittee,and issuing dates. No previous permits for this project. PrintName PATRICI[ 3A1L1.*,eJ34J1' Signature IT * A check for $400 made payable to the Landown r or uthorized Agent Department of Environment,Health,and Natural Resources (DEHNR) to cover the costs of ECEZVE processing the application. Revised 03/95 OCT 0 3 2005 DIVISION OF COASTAL MANAGEMENT Form DCM-MP-1 Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development X DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE:Please sign and date each attachment in the space provided at the bottom of each form. OCT C 3 2005 'D COASL DIVISION OF MANAGEMENT Revised 03/95 Form DCM-MP-3 ZVE UPLAND OCT F 3 2005 DEVELOPMENT DIVISIOfv OF COASTAL MANAGEMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA vehicular driveways or parking. Major Permit, For DCM-MP-1. Be sure to None complete all other sections of the Joint Application that relate to this proposed project. h. Projects that require a CAMA Major Development Permit may also require a a. Type and number of buildings,facilities,units Stormwater Certification. Has a site development or structures proposed One pool house and pool plan been submitted to the Division of on oceanfront lot. Environmental Management for review? X Yes —No b. Number of lots or parcels 95 residential lots Stormwater plan to be submitted and reviewed plus oceanfront amenity/pool lot. 96 lots total. concurrent with this application. c. Density (give the number of residential units i. Describe proposed method of sewage disposal. and the units per acre) 6 units/acre Municipal system d. Size of area to be graded, filled or disturbed j. Have the facilities described in Item I. above including roads,ditches,etc. Est. 4-acres for received state or local approval? Local roads,utilities,and oceanfront lot,final disturbed gpvroval received. area calculation to be approved with state sedimentation and erosion control plan. k. Describe location and type of proposed discharged to waters of the state (for example, e. If the proposed project will disturb more than surface runoff, sanitary wastewater, one acre of land,the Division of Land Resources industrial/commercial effluent,"wash down"and must receive an erosion and sedimentation control residential discharges). plan at least 30 days before land disturbing All stormwater runoffwill be managed per a state- activity begins. If applicable,has a sedimentation gRnroved stormwater plan which will be and erosion control plan been submitted to the submitted by the project's engineer for approval Division of Land Resources? Yes_X—No by NC Division of Water Quality. If yes,date submitted Plan to be submitted by 1. Describe proposed drinking water supply project's engineer Phil Norris. source(e.g.well,community,public system,etc.) Municipal system f. List the materials (such as marl, paver stone, asphalt,or concrete)to be used for paved surface. in. Will water be impounded?_Yes X No Asphalt for proposed roads and pool house If yes,how many acres? N/A parking area. n. If the project is an oceanfront development, g. Give the percentage of the tract within 75 feet when was the lot(s)platted and recorded? of MHW or NWL,or within 575 feet in the case The oceanfront parcel thought to have been of an Outstanding Resource Water,to be covered platted since at least 1969 . by impervious and/or built-upon surfaces,such as pavement, buildings, rooftops, or to be used for Revised 03/95 Form DCM-MP-3 AT O i, EAN JSL6$WJ4 LLC Appljcant or Project Name Signature -�-°t Iu S Date Fj 0 E H V OCT C 3 2005 DIVISION OF COASTAL MANAGEMENT Revised 03/95 10/24/2005 16:16 9104520060 LANDMANAGEMENT PAGE 02/02 1; f�`�'+�•nee-. Dill Form bCM-MY 4 S T RU C T UR%if`�S Morehead k,I y 64�, (Construction witbin Public Trust Areas) Attach this form to Joint Application for CAMA.Major d. Breakwater(e.g.wood, sheetpile,etc.) N/A Permit,Form DCM-MP-1. Be sure to complete all other (1)Length sections of the Joint Application which relate to this (2)Average distance from MHW,NWL r proposed project. wetlands (3)Maximum distance beyond MHW, a. Dock(s)and/or Pier(s) or wetlands (1) Commercial X Community Private (2)Number 1 fixed pier e. Mooring buoys N/A (3)Length Pier to start landward of 404 wetland (1)—Commercial_Community L Private line and end at mean low water (2)Number (4)Width 6' (3)Description of buoy (5)Finger Piers_Yes X No (Color,inscription, size,anchor etc.) (i) Number _-- (ii)Length (4)Width of water body (iii)Width (5)Distance buoy(s)to be placed and (6)Platforin(s) Yes Y,,_No shoreline (i) Number (ii)Length f. Mooring structure(boatli8, mooring pi.l.in.gs, (iii)Width etc.) N/A (7)Number of slips proposed. None vier to tic (1) Commercial_COMMUT Ity^Private view ns/erabbirg dock. (2)Number (8)Proximity of structure to adjacent riparian (3)Length property lines Pier will abut both riparian corridor (4)Width limits. HQwever,adjacent riparian corridors for lots 79 and 8Qare b Wal2latted anal recorded by the Uplicant as g. Other(Give complete description) part of the subdivision.Location of the comtnanity can be written into the restrictive covenants and/or disci sed as a condition to buyers of lots 79 and 80. (9)Width of water body 165' (10)Water depth at waterward end of pier at MLW or NWL Avg=2'MLW --TkcT � _i �r b. Boathouse(including covered lifts) NIA AP ca or Project Name (1)_ Commercial_Private (2)Length (3)Width ignatuc'e c. Groin(e.g. wood, sheetpile,etc.) N/A �d (1)Number Date (2)Length(s) Revi9ed 03/95 OCT 2 4 M DIVIS10N OF - .,.AS-TA I j o U) ccc rD i r----------r--- --- - --- ------ sa c dv I I I c ---------- rt1T J �_-_"_-___i c L__________ p- wry " I I I i 3 i �----------- rr' I'' uRR IrR c i i -- -- q- -1 I 0� ---- (� Z w g 'i ------1 I --i P ------------------ ----i'-'-� I - •�i i I ---------- yuYl n --- Ja I I I I I L-'--------' �c N w �I • N V - f _ __ W _ �__ __w au S �Q N �O ------------------ I •C __ W de'GW i.YINI.LI G i fY w ____ i I I I I I I 1 �� I VI 4 f ______________________ _ !IL tOK pq 2!K L'# •Jt lt' -- nV * .0 ILI M1Y.IZ.L1 N" r K^K•'1 /o'oc ar'oc arK ar'a aroc ar'oc ar'a ar'oc ar'K r artsr-1 l 9L 1' d'S 1190 i Q i g r--� r--� r--i r--i r-1 r---I r--i r-- i L---J I I I 115 116^116 11 I l u Gwegl'M 11p70 H L-rS'a-oy- Qw 1 I COI l Jm I @ 1 o I _ I 11 110 Iltl"IIC 1111 \ewe•-.^ J L__J \\\`\\\`\\\\'�•N\\\\\\\ � H Lu'u -� ,wg'N ��j L`--J arK mlc •------ -------- I I $ L®J $ L Lar�J S H L_J: J L_��• L_l N 3 $ >S o Oi n it "� U�Y� S L®J S N H i csoiJ 8 La' >r �� LJrs.o,_� q iosna� R' -I `-azti`Ji \\\\\\F 6 P , a H J 0 lSs3WJ 6d I qLL-UD•Leil Jr `���\, \\\ O ®J ' I DY I H L606MJ L.4IIDOIJ L.002NJ�twn- •1' \ \ \ \ S�S�d_�� S �S 5�3 • � raeao'� r___-c'tizzc \\ \\ ` \\y J I H 4 vs ��-..m2Nil I i •\w L J Lart•YxrJ \\\\\�\\\\\`\\\ Qy� __ _ l I LAOtPJ LL.I 1 �I L641 _ J \\\\\\\,•\\ M R � 'a.3•�33.ott - �I; r � ti r---� r-msu-i ����\\ \ ax 5i _-^,^t • -i I �o� 1 g i ® i i �J B I I x i ® i \\\\\\`\\\`\\�� 4 ,� 'h"Xr`.' c`oL>Sx -'�1-S�-AL---- L __J e._� $ l��-u.•.en-_ `�\\��\\�\\ - S n y I o' --- � --� n L J 'n' � 8 i.leL•„o-� O�\\\\�\\�i _r t �f i i i Inn ` AO Or e , C I I I__ �D�2 M.LE.L I.LIN it 1 S -Qvr. K g"r yd__ vI F Y ' � SYIA-A M*E Orq;tPIION ry IIMflOt6 i0K NOILLt,rlrt1l Y IIrMTML NORRIS.KUSICE gc TUNSTALL LAYOUT PLAN n �so CONSULTING ENGINEERS;INC. 'fin THE RESORT AT OCEAN ISLE BEACH `-•s � .untlolr.sllvLr I nlori(t,o)JM-NU '" BRUNSWICK COUNTY,NORTH CAROLINA 1N3W3J NV" ldJ_SbO' 30� OISIAIQ I ^ 7 !1 6.LL A�1 sf a a a R RR L i gg r---------- ----------------------- 4 cR I I I I I � �z I LotR R i 14.C I I , R R$ j y F-- -,�---�yn,-- -- ;Lp ---------- ---- ------- --- ----- $ - -----------� ; ; y� ti n' ------ _-----____� (1) -__________r______-___- � , V r W ---- - -- - - i '- ;--- dU ys . ______________ _oaf L V e�I.6d's I I as Us O uoswegllM IlapO 4J44 PUP �NuRif AF IM19111111 I Oil N �\ (f1 y \ pp i - ►b 12�• I I I I I --�1--- 1 1 II I 1 \``\\\���ro\o` ��� I I I � I j � --� 9�, `� I ; 3 IF--- �, --I I I IL—® \``ur��`\\• ,- � ��y� I -N-`--I-I _I_� z CD v I O I l V \ \` •91 3 Osveoi art onuwnoll w ncMno�n O toos wines.wat�iultznu NORRIS,KUSKE & TUNSTAi.T" JS TILITY&EROSION CONTROL PLAN t CON$ULTING ENGINEERS,INC. � pwyyy HE RESORT AT OCEAN ISLE BEACH W ��Wf IWM[1 anIRT hrYt(•le)NYeN ♦9S & Ilell•IL 011,K]LWI A1�11�)�Mt RUNSWICK COUNTY,NORTH CAROLINA i.!'4!W3E)VNdW -1V1SV00 Ap NOISIAIG (n7 SOOZ E a 100 R r----------I---- �€ Y ■ i YY i i , i , t !"n , i I iV a --'i I i----------J, n �-------- Q B i �----- ---- ` r up' i ; pO i ll---- J tiF i N Q I i _-__.I I I R __________________ 1 i ' i �__________♦ N v° a 1---------- a V N S to -- -- y c� - --- . \-- --- cao -------- -------- 1 I �----- --___----- d -_______ -� V t \ —O A I -- ---6----;----- -- !aura -r -T -r' -r— 8L1' d'SI I I 64 P � -r 1 " r � l_ti ,: u cweglWy II2PO �r= i—-- Q Q g�-- j I t,II � [Q�chlow10 IL _ir mm Y l \ n� � Tgn qLL arr CD ^ ® 1 1`I ®; rl ® `•```\`` E 88PaUft 14 Jam_ o v sru m /oi ni[ otxwtgx m /t va,v pxoo/.anws.xus¢�xwn.0 \s B 6 NORRIS,KUSKE g� TUN STALL oM,m GRADING&DRAINAGE PLAN �WA CONSULTING ENGINEERS INC THE RESORT AT OCEAN ISLE BEACH !4 � II YAl/NCIp,L MC.xN01 iu (/10)NY//n __BRUNSWICK COUNTY,NORTH CAROLINA CAMA Major Permit Application The Resort at Ocean Isle Beach Ocean Isle Beach,NC Project Narrative The property is generally located between Troy Street and the Summer Place subdivision and extends from the Atlantic Ocean to Eastern Channel. First Street and Third Street are paved and currently provide access to the property. Troy Street also exists and is partially paved and partially dirt. The coastal wetland along Eastern Channel (also called Old Sound Creek) represents the extent of 404 wetlands on the property. These wetland limits have been approved by the Army Corps of Engineers. The property includes one oceanfront lot, 103 W. First Street, and an existing house is located on that lot. The remainder of the property is currently undeveloped. The proposed project will include 95 single-family lots and the construction of infrastructure including roads and utilities. A community crabbing dock with no designated boat slips will be constructed extending to Eastern Channel/Old Sound Creek from a pedestrian easement. No non-water dependent uses are planned within the 30-foot buffer and no fill or excavation is planned within the wetland or waters. The existing house will be removed and a community beach club will be constructed on the oceanfront lot. The beach club will feature a swimming pool with associated decking, a beach access boardwalk, bathrooms and indoor space suitable for community meetings and social events. 1� L U'T 2005 C)I�!iSi'Jiv uF COAS-[AL MANAGEMENT DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: The Resort at Ocean Isle Beach c/o Patrick Ballantine County: Brunswick LOCATION OF PROJECT: Approx. 16 acres, ocean to sound along First Street and Third Street,between Troy Street and Summer Place Subdivision, approx. %Z mile west of the Ocean Isle Beach causew ,y cean Isle Beach. r DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10/21/05 FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No 0 CT 2 7 N05 CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes FIELD REPRESENTATIVE: Jason Dail DISTRICT OFFICE: Wilminggtoonehoad 'i CM DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH:� FEE REC'D:$ PUBLIC NOTICE REC'D: IQ& END OF NOTICE DATE: j0 Z!v/05 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: ye4 I ON:/ /Z 7 C) 75 DAY DEADLINE: 0 6�4l D (0 150 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative Coastal Management-LUP Consistency Division of Community Assistance Land Quality Section Division of Water Quality Storm Water Management(DWQ) State Property Office Division of Archives&History Division of Environmental Health Division of Highways Wildlife Resources Commission Division.of Water Resources Division of Marine Fisheries Submerged Lands(DMF) i I 0 North Carolina Wildlife Resources Commission Q Richard& ;H:amilton, Executive Director MEMORANDUM TO- Jason Dait, Lxpress Permits Coordinator NCDLNR/DCM FROM Steven I.I.Evcrhart, PhD Soutl►castern Permit Coordinator DKM November 14,2005 SUBJECT: Patrick Sallantinc—The.Resort at Ocean isle Beach Express CAMA Application,Brunswick Co. biologists with the North Carolina Wildlire Resources Commission have revicwcd the subject application with regard to impacts on mats and wildlife resources.A silo visit was conducted on November 4,2005, Our comments arc provided in accordance with provisions of the Coastal Area Management Act(O.S. 113A-100 through 113A- 128),as amended,and the fish and Wildlife Coordination Act(48 Stat,401,as amended; 16 U.S.C,661 of seq.). The project site is located along First and Third Street,between Troy Street and Summer Place SID,in the Town of Ocean isle'Beach. The property includes the existing ocean Front residence and lot at 103 West first Street and approximately 16 acres between West First Street and Eastern Charunel(aka Old Sound Crock). The waters of Eastern Channel are not designated as a primary Nursery Area and arc open to shellfishing. The applicant proposes to provide infrastructure for a 95 lot SID including: roads,utilities,and oceanfront community clubhouse and swinvning pool amenity,and a community fishing and crabbing pier to Eastern Channel. A sedimentation and erosion control plan Is under review, Individual property owners would be required to apply 1br future CAMA permits and 26 lots adjacent to Easlent Channel could potentially have private piers/docks We have the following Concern: • The addition of 26 Individual piers and dockage along Eastern Channel within such a short distance could re,<ult in life closing ot'sholltishing to these and surrounding waters. We do not object to the project as proposed,however,we reconunend that a community pier with temporary dockage for no more than 10 vessels be included in the design with deed restrictions to prevent individual piers, We appreciate the opportunity to review and comment on this permit application, Iryou need tlirthcr assistance or additional information,please contact me at(910)796.7436, CC: loamne Stccnhuis,NCDWQ l ritz Rohde,NCDMP Mailing Address: Division of.1niand Fisheries - 172 MMail Service Centcr • Raleigh,NC 27699-1721 Telephone: (919) 707-0220 - Fax: (919)707-0028 S�S'd t7:01 :woad LS:TT S002-ST-nON 4 h ���rrrrrr� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F Easley, Governor Charles S Jones, Director W;IllaM G PCSS Jr Seaoiary October 24, 2005 2819,�j�1 MEMORANDUM.: ti f ti TO: Steve Everhart �~ *% NC Wildlife:Resources Commission �� ►; r� FROM: Jason Dai I Feel Express Permits Coordinator SUBJECT: CANIA Permit Application.Review Applicant: The:Resort at Ocean Isle.Beach c/o:Patrick Ballantinc Project Location: Approx. 1.6 acres, ocean to sound along First Street and Third Street, between Troy Street and Summer Place Subdivision, approx. A nnile west of the Ocean Isle Beach causewi;�cea�Isie each. Proposed Project: The applicant proposes to develop a 95-10t subdivision including: roads, utilities, swimming pool and clubhouse, communitypicr, Please indicate below your agency's position or viewpoint on the proposed project and return this fonn by November 14, 2005. if you have any questions regarding the proposed project, please contact Jason Dail at(910) 796.7302, when appropriate, in-depth comments with supporting data is requested. REPLY: Phis agency leas 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 obje s to the project.for reasons described in the t►ttacbed comments. SIGNED ,DATE / 114,14 -5 127 Cardinal Gave Ext. Wilmmglon Non.h Carolina 28405.3845 Phone 910.796.7302�FAX 910.350.20041 iniernel www nwoaslalmnnaoemer, net An Equal ftonunily 1 AI1iimanve Action Empbyet-50%Recycled°i 10%Pose Consumar P'tppr S/b'd b:ol ;aoJ.J ZS:TT S002-Si-r)0N yandiza wsotq6� Ate., 9~40"mWnhG W"Wdfwww Ji6t G/�iee,M6x-2522 Wdm4W&,,.s A"&W wlincv28f 02 9ek 970-452-0007 Sax-940-452-0060 �lo6eaG �lfor.G Ygd 4, SP.ass�v��ali/.ocri �orerie�v�3sas:c�/i 6��.tcri 5aa.►k �8sai��w.recn Wdm4WZv,AW 284M 20 October 2005 Jason Dail NC Division of Coastal Management 127 North Cardinal Drive Wilmington,NC 28405 RE: CAMA Major permit application,The Resort at Ocean Isle Beach,Brunswick County Dear Jason: I am providing a response to your 10/14/2005 email (copy enclosed)regarding the above reference permit application. 1. The ACOE-signed survey provided in the application was intended to show"404 wetland limits"have been approved by the Corps, and was not intended to be a site plan for the pier. Another copy of the ACOE survey has been enclosed. For consistency,I have noted the pier length has since changed and referenced the revised pier detail. 2. The sealed survey from Steve Norris(surveyor)was provided after the 9/29/2005 meeting with you and Jim Gregson,during which a sealed survey was requested to show water depths were accurate and could allow for an approximately 40' long pier from MHW. Following submittal of the permit and a DCM site visit,DCM concerns apparently remained about water depths and channel location. After a conversation with Jim Gregson on 10/11 regarding the same,the pier was revised to end at MLW. The need for that copy of the survey has apparently been eliminated. However for consistency, I am providing another copy of the survey with a note that pier length has since changed and a reference to the revised pier detail. 3. Enclosed is a set of all sheets,numbered and with revision dates. Sincerely, � ECEHVE R O CT 2 12005 Laura Stasavich DIVISION OF COASTAL MANAGEMENT Environmental Scientist cc: Patrick Ballantine, The Resort at Ocean Isle Beach, LLC RECEIVE Jim Gregson,NC DCM OCT Mb Encls. BY: Laura Stasavich From: Jason Dail [Jason.Daii@ncmail.net] Sent: Friday, October 14, 2005 2:07 PM To: Istasavich@lmgroup.net Subject: The Resort Hi Laura, I just called and left you a voice mail regarding the revised pier plans for the Resort Project. A few things need to be changed before we can circulate the package. - The COE approved wetlands map and the survey map sealed by Norris and Ward (one in the same) need to be consistent with the new pier layout. Also these drawings need sheet Vs on them. (all drawings need sequential numbering, including the N&W drawings i.e. sheet 1 of 10, 2 of 10, etc. , as well as revision dates) - The revised pier drawing that you submitted on Oct. 12, 2005 (which brings the pier back to MLW) does not reference a sheet #. Please include. When you resubmit these drawings, please address them to me. The revised drawings that you dropped off on the 12th of Oct. , 2005 were addressed to Jim Gregson. Thanks and have a good weekend. Jason C E 0 C T 2 12005 DIVISION OF COASTAL MANAGEMENT r � T�072d1L� �p �'oaG G�icr��oa>2522 p,�, �1f"rlsizii�lose�,/Ya�l1i�a�aluaa28�i02 �'eG.•940-�i52-0007 �aa.•970-452-0060 .J�otSPnG.��/louG .©wile�/s ..�Walwwi,v oavr G wank W. 3805 r'X'M�rlalead .RAWW& t'p �wi�Juweer �iCinirealaeg�'{'r628403 12 October 2005 Jim Gregson NC Division of Coastal Management 127 North Cardinal Drive Wilmington,NC 28405 RE: CAMA Major permit application, The Resort at Ocean Isle Beach Ocean Isle Beach,NC,Brunswick County Dear Jim: Please find enclosed a revised figure for the The Resort at Ocean Isle Beach's community pier. Following our conversation yesterday,the proposed pier has modified to terminate at mean low water in order to avoid any navigation concerns. Sinefrely, Laura Stasavic Environmental Scientist �yEncl—sue. �C Trq V 0 C T 2 12005 DIVISION OF COASTAL MANAGEMENT t�. �f'N3//�d12a►,12E�rGLG.I/ d6t 011ie,Vax 2522 AaLin4W&,is, U2lh Wa,,olirui 284o2 5ek 970-452-0009 Am 970-452-0060 °Ro.6�G��/louG J'ail�J4 .,rP.a.a�.� �.11iclilsror�e �oersec�c r' �a�rrly F7��,u+e Kruk �'. �e'crren../loti►ioa� 3805��siS/olanil/e'.�nerr�Pi �� �aai� uasen v �Xi l»zisr�ore,'Aw 28403 11 October 2005 Jason Dail NC Division of Coastal Management 127 North Cardinal Drive Wilmington, NC 28405 RE: CAMA Major Express permit application, The Resort at Ocean Isle Beach, Brunswick County Dear Jason: Please find enclosed the additional information requested in your 10/10/05 email regarding the above- referenced permit application. 1. The poolhouse has been dimensioned on the Oceanfront Development Sheet, revision enclosed. 2. Since there is an existing house where the poolhouse is proposed, a note has been added on the Oceanfront Development Sheet indicating all structural elements will be located at least 2' above flood zone and above any dune. 3. Cross Sections of the proposed streets and stormwater management features have been provided by the project engineer, enclosed. 4. A note indicating the type of decking around the proposed pool has been added to the Oceanfront Development Sheet. 5. Patrick Ballantine is a member/manager of The Resort at Ocean Isle Beach, LLC and will also serve as the contact for this application. DCM-MP 1 form has been revised to indicate such. 6. An additional copy of the applicant's 9/29/05 letter regarding the lack of public expenditures is enclosed. 7. Additional copies of the stormwater and sedimentation/erosion control plans are enclosed at a reduced scale of 1"=200'. 8. Steve Norris,Norris and Ward Surveying,has provided a sealed survey of the water depths shown. It is noted the pier length has been reduced by an additional 5'. Sincerely, aura Stasavich C Environmental Scientist IVE cc: The Resort at Ocean Isle Beach, LLC, Patrick Ballantine OCT 2 120 Encls. DIVISION OF COASTAL MANAGEMENT Laura Stasavich From: Jason Dail [Jason.Dail@ncmail.net] Sent: Monday, October 10, 2005 2:25 PM To: Istasavich@lmgroup.net Subject: The Resort at Ocean Isle Beach Hey Laura, As discussed during our telephone conversation this morning there were several deficiencies in the permit application for The Resort project. They are as follows: - There were no dimension for the pool and/or pool house, please provide. - No side or rear elevations depicted on the top view drawing, please provide. - No street or utility cross sections, please provide. - It is unclear what type of decking will be constructed around the proposed swimming pool, please indicate what type of material would be used for construction and label on the site plans. - Please provide a contact name (name of individual applying for permit) on the MP-2 form. - Please provide a letter from the applicant indicating that no public expenditures will be used for maintaining public safety or growth induced facilities within the ocean hazard area or environmental concern. - Please provide scaled drawings for the proposed project. - Please provide water depth measurements around the proposed pier. Water depth contours should be taken in 10' intervals and span at least 50, in each direction from the location of the proposed pier. Please let me know when you have the revised information ready for submittal. Thanks Jason I C 3 HV 3 0 C T 2 12005 DIVISION OF COASTAL MANAGEMENT i yand Wito� A21/. �t��ir..atztnettla.G�onosa/� �oeG G/�,i��aw2522 Wili�A dk�awlNz�28�02 9W 940-452-0004 46m.9/O-452-0060 �: ierv�ossiooiv 8805� ti��.,� r8soi��icareev �ilsnin8loaj dY B28/s08 3 October 2005 Jim Gregson NC Division of Coastal Management 127 North Cardinal Drive Wilmington,NC 28405 RE: CAMA Major permit application,The Resort at Ocean Isle Beach Ocean Isle Beach,NC,Brunswick County Dear Jim: Please find enclosed a revised permit application for The Resort at Ocean Isle Beach. The additional information discussed in our 9/29/2005 meeting has been included as follows: . 1. Steve Norris,Norris and Ward Surveying,has confirmed no clear channel exists along the property in Old Sound Creek. The deepest soundings have been connected to create a"thread of channel"and the outermost riparian corridor limits have been re-drawn on 90 degree angles from that centerline. A copy of his sealed survey is enclosed. 2. Notes regarding the 420' AEC limit and the VE zone limit have been added to the Site Plan. 3. Notes on the Pier Detail have been revised and a MLW conversion factor added. 4. The Oceanfront Development sheet has been revised to include the 120' setback,the first line of vegetation, landward toe of dune, a note regarding end of beach access walkway,notes regarding location of the ocean and First Street,and a note regarding the VE flood zone. 5. A typical cross section of the proposed pier is enclosed. 6. A letter from the applicant stating no public expenditures will be used for road or utility construction within the 420' Ocean Hazard AEC is enclosed. 7. A copy of the Stormwater Management and Sedimentation and Erosion Control Plans are enclosed. Sincerely, Laura tasavich Environmental Scientist Q C T 0 3 2005 DIVISION OF Encls. COASTAL MANAGEMENT Oct-03-05 12 : 23P Patrick & Lisa Ballantine 910 793 9425 P.01 THE RESORT AT OCEAN ISLE BEACH, LLC 6606 Beach Drive, SW, Unit E Ocean Isle Beach,NC 28469 September 29,2005 Mr. Jim Gregson NC Division of Coastal Management 127 Cardinal Drive Extension Ocean Isle Beach,NC 28469 RE: * CAMA Major Permit * The Resort at Ocean Isle Beach, LLC (Applicant) * The Resort at Ocean Isle Beach, a proposed subdivision * No Public Expenditures for roads or utilities Dear Mr. Gregson: As required by the North Carolina Division of Coastal Management (CAMA), please allow this letter to attest that the applicant, The Resort at Ocean Isle Beach LLC, shall not use public expenditures for road or utility construction and/or installation within the 420' Ocean Hazard AEC. Further,the Master Declaration of the Property Owners Association will declare that the POA shall be responsible for the perpetual maintenance and repair of said roads and utilities and that no public monies will be utilized therefor. If you have any questions or comments,please do not hesitate to contact me at 910-579-2800. Thank you. Sincerely, 0 OCT ( 3) 20 Patrick J. Ballantine DIVISION U t- Member/Manager COASTAL MANAGEMENT The Resort at Ocean Isle Beach, LLC e Ga NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 3, 2005 FAX: 343-2229 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Public Notice - EXPRESS - The Resort at Ocean Isle Beach Gentlemen: Please publish the attached Notice in the Thursday, October 6, 2005, issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and a copy of the invoice to Edythe McKinney at NC DENR Customer Service Center 1640 Mail Service Center Raleigh, NC 27699-1640, The phone number is 919-733-0823. Please send the original invoice and a copy of the affidavit for payment to Lindsay LaRose at NCDENR Express Permitting, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7304. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. YSincereLaRose Express Permitting Admin. Assistant Enclosure cc: WIRO Copy Field Rep. MHC Copy 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7304\Fax: 910-350-2004\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper 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 application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on October 3, 2005. According to said application, The Resort at Ocean Isle Beach, LLC proposes to develop a subdivision to create 95 residential lots, construction of platted roads, oceanfront pool and pool house located between First and Third Streets in blocks between Troy and Sea Turtle Streets, in Ocean Isle Beach, Brunswick County. A copy of the entire application may be examined or copied at the office of Jason Dail or Jim Gregson at N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-796-7215) during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, prior to October 26, 2005, 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 this matter will be provided upon written request. ANY NCDENR North Carolina Department of Environment and Natural Resources DivisionCoastal William G. Ross Jr., Secretary Michael F. Easley, Governor Charles S. Jones, Director October 24,2005 The Resort at Ocean Isle Beach,LLC 6606 Beach Drive SW,Unit E Ocean Isle Beach,NC 28469 C/o Mr.Patrick Ballantine 6008 Forest Creek Circle Wilmington,NC 28403 Dear Mr.Ballantine: Division of Coastal Management her acknowledges receipt of your application for State approval for The D approximately 1/2 mile west of the located along First Street and Third Street,aPP llcation and site drawings were development of the subject property, The permit app Ocean Isle Beach causeway,in Ocean Isle Beach,in Brunswick County. a decision October 21, 2005, and appear to be adequate for processing at this time. You have requested that the received on O projected date for making application be processed under the Express Review Permitting Program.Your p J will be around November 21,2005. Please be advised that this project will also require authorization from the US Army Corps of Engineers. The of CAMA major permit applications that also require Federal authorization are Pro omost cessec rcumstan es,the majas a joint review onty Corps of under the CAMA Major Permit/Corps of Engineers let General Pit P 21,. n 5. If made,the Division of ederal review of these applications would not be completed meuntil aCAMNovember e decision can If the US Army Division F our project would Engineers does not render a decision on your project by the time Should that occur,y P j Coastal Management will render a permit decision on the CAM y Permit rpsof Engineers. Should you wish to place your most likely be processed as an individual permit by the US Army rP Federal decision, the Division of Coastal project on hold before November 21, 2005, pending the receipt of the Management will render a decision once the Federal comments are received. 4S Sincerely, son Dail DCM Express Permit Coordinator cc: WiRO file,DCM MHC,DCM Henry Wicker,COE Justin Whiteside,Ocean Isle Beach LPO 05-3845 127 Cardinal Drive Extension,3964 Vlnternet�http ll wwanccoasta�manaagement.net Phone: 910-796-7215\Fax: 910 39 An Equal opportunity\Affirmative Action Employer-50%Recycled\10%Post consumer Paper Nc () I AMA P RMIT APPI PROJECT: orft�� Mb 4 . oZDrN;r.5-- FOR MORE DETAILS CONTACT LOCALAPPLICANT- THE PERMIT • - BELOW: r' BOA � J • • osmm ►o DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OkV\TER NOTIFICATIONAVAIVER FORM Name of Individual Applying For Permit: o✓ ©` /f Address of Property: lDY- (Lot or Street 4, Street or Road) _ Z_? /►ri�i C� (City and County) — I hereby certify that I own properfv adjacent to the above-referenced propem. The individual applying for this permit has described to me as sho«n on the attached drawing the development they are proposing. A description or drawing, with dimensions; should be provided «.ith this letter. I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal Management. 127 Cardinal Drive Extension. Wilminaton. NC 2S4.05 cr call 910-395-3900 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified flail. WAJ�-ER SECJ'I0\ I understand that a pier, dock, mooring pilings; breaki-i-ater, boat house or boat lift must be se: bck a minimum distance of 155' from my area*of riparian access - unless waived by me. (If you Wish to Nvaive the setback. you trust initial the appropriate blank below.) I do wish to «•alive the 1 5' setb"ock requirement. I cc not wish to waive the 1 S e C z V Em setback requtreme� SEP 2 9 2005 COAS A�DIVISION Sign Name Date -�'R 1g1v�g_—k- - © 3s Print Name 1� G/_ Telephone Number with Area Code NCDEN1% S:lcama,.shells�.ri arianpro erty.frm 1 0 S, 5 � - °N.�M; AES ==3 � qrh D-12ASION OF COASTAL MAN,--IGE(\-J1yT ADJACENT IP UPERTY 0«T'-ER NOS"1FICATIOf /—WA R F ORM Name of Individual Applying For Permit: ' Address of Property; (Lot or Street #, Street or Road) (Citti and County) I hereby certih' that I o«n propertti' adjwcent to the abo%'e-referenced property The individual apply in9 for this permit has described to nee as shoe n on the attached drat ing the deg elopment they Ore proposing, A description or dra%ving. wich dimensiaris, should be pro` iced with this teeter I have no objections to this proposal. If you bave objections to what is being proposed, please �% rice the Di%-ision of Coastal 113110,0emcnt. 127 Cardinal Drive Extension. N� ilmingtpq, i�C 2540_ cr call 9I0-395-390() 11ithio 10 dais of receipt of this notice. No response is cotisidered the same as o0 objection if you baNc been notified b� Certified Mail. NVAJVER SEC i IO\ I understaud that a pier, dock;, mooring pilia_s; breaks,ater, boat house or boat lift must be set bck; a tolainrum distance of X:' from m area of riparian accrss . unless �%ai�ed by me, (Mou %�lsh to `naive the setback. %ou must initial the Opp roprisre bianl: below.) - I do «ish to the 1; seto:c;o-, reouirement, I d not «ish to air a tilt I setback: r a 'r F� e ,ui eme, LafvfSfOfv Ufr COASTAf. MANArP Sign Nerve Date Print Name NCDENR Telephone Number �N ith Area Code S:\cama''she lWsprianp roperty.frm ( O .9 ., Cf•C/'� ONO«LLpytlW�C!1 Po S�2'd b:01 :WOJJ LS:TT S002-ST-f10N THE RESORT AT OCEAN ISLE BEACH, LLC 6606 Beach Drive, SW, Unit E Ocean Isle Beach, NC 28469 September 20, 2005 Mr. Frank E. Roberts Beach Villas POA President pu" ECEHVE 3821 Silverbell Drive Charlotte, NC 28211 RE: CAMA Major permit application DIVISION OF The Resort at Ocean Isle Beach COASTAL MANAGEMENT Ocean Isle Beach, NC Dear Mr. Roberts: As required by the North Carolina Division of Coastal Management (CAMA), you are being notified about the development of a proposed subdivision known as The Resort at Ocean Isle Beach. This property is located generally between Troy Street and Summer Place subdivision. As an adjacent land owner(101 W. First Street), you have the right to comment on this proposed development. We have enclosed a copy of the proposed plan and CAMA's Notification Form for your review. If you have objections to the proposed subdivision, please contact Jason Dail with the NC Division of Coastal Management, 127 N. Cardinal Drive, Wilmington,NC, 28405, phone number 910-796-7302 within 30 days or it will presumed that there are no objections. Thank you. Sincerely, Stuart Cooke The Resort at Ocean Beach, LLC Enclosures: Notification Form copy of site plan SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. S nature item 4 if Restricted Delivery is desired. Agent ■ Print your name and address on the reverse VN Addressee so that we can return the Card to you. Received by(Printed Name) C. D to of elive ■ Attach this card to the back of the mailpiece, j 2 , or on the front if space permits. U� D. Is delivery address different from item ❑Yes 1. Article Addressed to: If YES,enter delivery addr low: ❑ No k (2o 14,1 2 S/ vtr�2/1 Pr Q r T 0 3 7009 3. Service Type❑Certified Mail ❑ Express Mail i.❑Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number E9z.T 0+106 +1000 06E0 S00I1_ (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 THE RESORT AT OCEAN ISLE BEACH, LLC 6606 Beach Drive, SW, Unit E Ocean Isle Beach, NC 28469 September 20,2005 Mr. and Mrs. Odell Williamson 2 Causeway Drive Ocean Isle Beach,NC 28469 RE: CAMA Major permit application The Resort at Ocean Isle Beach Ocean Isle Beach,NC Dear Mr. and Mrs. Williamson: As required by the North Carolina Division of Coastal Management(CAMA), you are being notified about the development of a proposed subdivision known as The Resort at Ocean Isle Beach. This property is located generally between Troy Street and Summer Place subdivision. As an adjacent landowner(Third Street DB 115, Page 178),you have the right to comment on this proposed development. We have enclosed a copy of the proposed plan and CAMA's Notification Form for your review. If you have objections to the proposed subdivision,please contact Jason Dail with the NC Division of Coastal Management, 127 N. Cardinal Drive,Wilmington,NC,28405,phone number 910-796-7302 within 30 days or it will presumed that there are no objections. Thank you. Sincerely, O C 3 2005 DIVISION OF COASTAL MANAGEMENT Stuart Cooke The Resort at Ocean Beach, LLC Enclosures:Notification Form copy of site plan . DELIVERY SENDER: COMPLETE THIS • ■ Complete items 1,2,and 3.Also complete A. Sigrlat c ❑Agent item 4 if Restricted Delivery is desired. X A14 ❑Addressee ■ Print your name and address on the reverse so that we can return the card to you. Rec 'ved by(Printed N e) C. Date of Delivery ■ Attach this card to the back of the mailpiece, O/ /( d ''7/ or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: . ❑No OCT l' 3 2005 INC 3. Service Type G].Qertf�d�ilri kU ❑Express Mail ❑Aegl;}bred' ❑Return Receipt for Merchandise V ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number �.V ,A Dh06 f1000 06EO 500L (Transfer from service label) 102595-02-M-1540; PS Form 3811, February 2004 Domestic Return Receipt , THE RESORT AT OCEAN ISLE BEACH, LLC 6606 Beach Drive, SW, Unit E Ocean Isle Beach, NC 28469 September 20,2005 Mr. and Mrs. James E. Craft 200 Innisfree Drive Durham,NC 27707 RE: CAMA Major permit application The Resort at Ocean Isle Beach Ocean Isle Beach,NC Dear Mr. and Mrs. Craft: As required by the North Carolina Division of Coastal Management(CAMA),you are being notified about the development of a proposed subdivision known as The Resort at Ocean Isle Beach. This property is located generally between Troy Street and Summer Place subdivision. As an adjacent land owner(Lot 15 Ross Subdivision),you have the right to comment on this proposed development. We have enclosed a copy of the proposed plan and CAMA's Notification Form for your review. If you have objections to the proposed subdivision,please contact Jason Dail with the NC Division of Coastal Management, 127 N. Cardinal Drive, Wilmington,NC,28405,phone number 9I0-796- 7302 within 30 days or it will presumed that there are no objections. Thank you. Sincerely, jl�l �f'�ty OCT C 322005 Stuart Cooke The Resort at Ocean Beach,LLC C®ASS ��f Sf C1iy 0I- WANAGa,VIt;:NT Enclosures: Notification Form copy of site plan COMPLETE • ■ Complete items 1,2,and 3.Also complete Signature item 4 if Restricted Delivery is desired. X' c/ 1�/! ❑Age ■ Print your name and address on the reverse ddressee so that we can return the card to you. B. Iv at iv ■ Attach this card to the back of the mailpiece, v or on the front if space permits. D. Is delivery address; from Rem 1? ❑Yes 1. Article Addressed to: Ifv�ES,enter delivol dress below: ❑ No OCI Q 3 20T5 J DID 3. Service Type �4 r,n N C 27`7�`ITA ❑Certified Mail ❑Express Mail Y i ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 9SZ'C DhD6 +1DDD D6ED SO from service PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 NUSM 794116 ` Date Filed: 7/25/2005 10:29:00 AM State of North Carolina Elaine F.Marshall North Carolina Secretary of State Department of the Secretary of State C200517900399 Limited Liability Company ARTICLES OF ORGANIZATION Pursuant to§57C-2-20 of the General Statutes of North Carolina,the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. I. The name of the limited liability company is The Resort at Ocean Isle Beach,LLC. 2. There shall be no limit on the duration of the limited liability company. 3. The name and address of each organizer executing these articles of organization is as follows: Stuart F.Cooke—Organizer(Member-Manager) 6606 Beach Drive, SW,Unit E Ocean Isle Beach,NC 28469 4. The street address and county of the initial registered office of the limited liability company is: Number and Street 6606 Beach Drive. SW Unit E City,State,Zip Code Ocean Isle Beach,NC 28469 County Brunswick 5. The mailing address if different from the street address of the initial registered office is: same 6. The name of the initial registered agent is Stuart F.Cooke. 7. The Iimited liability company has a principal office. The street address and county of the principal office of the limited liability company is: Number and Street 6606 Beach Drive SW.Unit E City, State,Zip Code Ocean Isle Beach.NC 28469 County Brunswick 8. Check one of the following: XXX (i)Member-managed LLC: all of the members by virtue of their status as members shall be managers of this limited liability company. (ii)Manager-managed LLC: except as provided by N.C.G.S. §57C-3-20(a),the members of this limited liability company shall not be managers by virtue of their status as members. D Z C E f ( 0 C T 0 3 2005 `bI?1-STO N O F 1 COASTAL MANAGEMENT 9. Any other provisions which the limited liability company elects to include are attached. 10. These articles will be effective upon filing. This is the 30th day of May 2005. Signature Stuart F.Cooke—Organizer(Member-Manager) _ Type or Print Name and Title 4 . ..W5 COASTAL MANAGEMENT D OCT 0 3 2005 DIVISION OF COASTAL MANAGEMENT NOTES: 1. Filing fee is$125. This document must be filed with the Secretary of State. CORPORATIONS DMSION P.O.Box 29622 RAL.EIGH,NC 27626-0622 (Revised Jamrmy 2002) (Form L01) VACANT LOT OFFER TO PURCHASE AND CONTRACT NOTE: This contract is intended for use only for lots which have been developed pursuant to a Sub division'Ordinance adopted by a City or County and for which a plat has been recorded in the Office of the Register of Deeds in the county in which the property is located. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract(Form 2)with the New Construction Addendum (Form 2A3). STUART F. COOEE AND/OR ASSIGNS as Buyer, hereby offers to purchase and ODELL WILLIAMSON as Seller, upon acceptance of said offer, agrees to sell and convey, all of that plot,piece or parcel of land described below(hereafter referred to as the"Property"),upon the following terms and conditions: 1. REAL PROPERTY: Located in the City of OCEAN ISLE BEACH County of BRUNSWICK , State of North Carolina, being known as and more particularly described as: Street Address WEST SECOND and WEST THIRD STREETS Zip Subdivision Name SEE ATTACHED ADDENDUM FOR PROPERTY DESCRIPTION Plat Reference: Lot ,Block or Section as shown on Plat Book or Slide at Page(s) (Property acquired by Seller in Deed Book at Page ). NOTE: Prior to signing this Vacant Lot Offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants, if any, which may limit the use of the Property, and to read the Declaration of Restrictive Covenants, By-Laws, Articles of Incorporation, Rules and Regulations, and other governing documents of the owners'association and/or the subdivision,if applicable. 2. PURCHASE PRICE: The purchase price is$ 7,000,000.00 and shall be paid as follows. (a)$25,000.00 EARNEST MONEY DEPOSIT with this offer by ❑ cash Q2 personal check ❑ bank check ❑ certified check ❑ other: to be deposited and held in escrow by LILES & GODBEY ("Escrow Agent")until the sale is.closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated. In the event: (1)this offer is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be returned to Buyer. In the event of breach of this contract by Seller, upon Buyer's request, all earnest monies shall be returned to Buyer,but such return shall not affect any other remedies available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this contract, then all earnest monies shall be forfeited upon Seller's request,but receipt of such forfeited earnest monies shall not affect any other remedies available to Seller for such breach. NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow by a broker,the broker is required by state law to retain said earnest money in the broker's trust or escrow account until a written release from the parties consenting to its disposition has been obtained or until disbursement is ordered by a court of competent jurisdiction. (b)$ , ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE. (c) $ , BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s)secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum. (d)$ ,BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (e) $ 6,975,000.00 ,BALANCE of the purchase price in cash at Closing. 3. CONDITIONS: (State N/A in each blank that is not a condition to this contract.) (a)Buyer must be able to obtain a ❑ Conventional ❑ Other: N/A loan at a ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of N/A for a term of year(s), at an initial interest rate not to exceed N/A %per annum,with mortgage loan discount points not to exceed N/A %of the loan amount.Buyer shall apply for said loan within N/A days of the Effective Date of this contract. Buyer shall use Buyer's best efforts to secure the lender's customary loan commitment letter on or before N/A and to satisfy all terms and conditions of the loan commitment letter by Closing. After the above letter date, Seller may request in writing This form jointly approved by: Page 1 o North Carolina Bar AssociationH STANDARD FORM 12-T ® EOURENOU9NC REAITOR© North Carol�veOcean c�atEon REA�TORS�®�,��Inc. OPPORiONRY Buyer Initials Seller Initials y'� OCT7/2003 Cooke Realty#1 Causeway Isle Beach NC 28469 �'"i �oo� r U Di.nnA•O7l1S4Q'3 SZS Fnv O1(1570045'2 T-io.•.,n..A,fallar.7 \ J TA 0<A 071.7CV DIVISION OF �,;OASTAL MANAGEMENT from Buyer a copy of the loan commitment letter. If Buyer fails to provide Seller a copy of the loan commitment letter or a written waiver of this loan condition within five days of receipt of Seller's request, Seller may terminate this contract by written notice to Buyer at any time thereafter, provided Seller has not then received a copy of the letter or the waiver. (b)There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the Property for RESIDENTIAL purposes("Intended Use"). (c) The Property must be in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. (d)All deeds of trust, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (e) Title must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple marketable and insurable title, free of all encumbrances except: ad valorem taxes for the current year(prorated through the date of Closing); utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public right of way. 4. SPECIAL ASSESSMENTS: Seller warrants that there are no pending or confirmed governmental special assessments for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' association special assessments, except as follows:NONE KNOWN (Insert "None" or the identification of such assessments, if any.) Seller shall pay all owners' association assessments and all governmental assessments confirmed through the time of Closing, if any, and Buyer shall take title subject to all pending assessments, if any,unless otherwise agreed as follows: 5. PRORATTONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the parties or paid at Closing: (a)Ad valorem taxes on real property shall be prorated on a calendar year basis through the date of Closing; (b)All late listing penalties, if any, shall be paid by Seller; (c) Rents, if any, for the Property shall be prorated through the date of Closing; (d) Owners' association dues and other like charges shall be prorated through the date of Closing. Seller represents that the regular owners' association dues,if any,are$ per 6. CLOSING EXPENSES: Buyer shall be responsible for all costs with respect to any loan obtained by Buyer. Buyer shall pay for recording the deed and for preparation and recording of all instruments required to secure the balance of the purchase price unpaid at Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this agreement, and for excise tax (revenue stamps) required by law. If Seller is to pay any of Buyer's expenses associated with the purchase of the Property,the amount thereof shall be$ excluding any portion disapproved by Buyer's lender. 7. EVIDENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date of this contract, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property. Seller authorizes (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; and(2)the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys. 8. LABOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor and materials,if any,furnished to the Property within 120 days prior to the date of Closing have been paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. 9. CLOSING: Closing shall be defined as the date and time of recording of the deed. All parties agree to execute any and all documents and papers necessary in connection with Closing and transfer of title on or before SEE ATTACHED ADDENDUM at a place designated by Buyer. The deed is to be made to AS BUYER DIRECTS CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 10.POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing. No alterations, excavations, tree removal or other such activities may be done before possession is delivered. Page 2 of 4 Z C ��n 1H�� S Ia DARD ORM 12-T JAI C)7/2003 % V� OCT �' 32005 V - --- Buver Initials Seller Initials - -- DIVISION OF COASTAL MANAGEMENT 11.SEWER SYSTEM(check only ONE): ❑ Buyer has investigated the costs and expenses to install the sewer system approved by the Improvement Permit attached hereto as Exhibit A and hereby approves and accepts said Improvement Permit. ❑ Seller represents that the system has been installed, which representation survives Closing, but makes no further representations as to the system. Buyer acknowledges receipt of the Improvement Permit attached hereto as Exhibit A. Buyer shall have the option of inspecting or obtaining at Buyer's expense, inspection(s)to determine the condition of the system. If the system is not performing the function for which intended and is in need of immediate repair,Buyer may terminate this Contract and the Earnest Money Deposit shall be refunded to Buyer. Buyerwaives this condition unless Buyer provides written notice to Seller by that this condition cannot be satisfied, time being of the essence. ❑ This contract is contingent upon Buyer obtaining an Improvement Permit or written evaluation from the County Health Department ("County")for a(check only ONE) ❑ conventional or ❑ other ground absorption sewage system fora bedroom home. All costs and expenses of obtaining such Permit or written evaluation shall be borne by Buyer, except Seller,by no later than , shall be responsible for clearing that portion of the Property required by the County to perform its tests and/or inspections. Buyer shall use Buyer's best efforts to obtain such Permit or written evaluation. If the ground absorption sewage system is not allowed, Buyer may terminate this contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by that this condition cannot be satisfied,time being of the essence. Buyer has investigated and approved the availability, costs and expenses to connect to a Q public or ❑community sewer system. 12.SOIL,WATER, UTILITIES AND ENVIRONMENTAL CONTINGENCY: This contract is contingent upon Buyer obtaining report(s) that (i) the soil is suitable for Buyer's Intended Use, (ii) utilities and water are available to the Property, iii there is no environmental contamination, law, rule or regulation that prohibits, restricts or limits Buyer's Intended Use, and (iv)there is no flood hazard that prohibits, restricts or limits Buyer's Intended Use (collectively the "Reports"). All costs and expenses of obtaining the Reports shall be borne by Buyer. Buyer shall use Buyer's best efforts to obtain such Reports. If the Reports cannot be obtained, Buyer may terminate this contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by that this condition cannot be satisfied, time being of the essence. 13.RIGHT OF ENTRY, RESTORATION AND INDEMNITY: Buyer and Buyer's agents and contractors shall have the right to enter upon the Property for the purpose of appraising the Property, and performing the tests and inspections permitted in Sections 11, 12 and 13 of this contract. If Buyer terminates this contract as provided herein, Buyer shall, at Buyer's expense, restore the Property to substantially its pre-entry condition within thirty days of contract termination. Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property. This indemnity shall survive this contract and any termination hereof. Notwithstanding the foregoing, Seller shall be responsible for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. 14.OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO.) SEE ATTACHED ADDENDUM 15.RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. 16.ASSIGNMENTS: This contract.may not be assigned without the written consent of all parties, but if assigned by agreement, then this contract shall be binding on the assignee and his heirs and successors. 17,PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties, i.e., Buyer and Seller and their heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 18.SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 19.ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR& or broker and Seller or Buyer as contained in any listing agreement,buyer agency agreement, or any other agency agreement between them. Page 3 0 DARD FORM 12- T © 7/2003 Buyer Initials Seller Initials � GC-I, 3 20057J, DIVISION OF COASTAL MANAGr_kA,,;__N1" 20.NOTICE AND EXECUTION: Any notice or communication to be given to a party herein may be given to the party or to such party's agent. This offer shall become a binding contract(the"Effective Date")when signed by both Buyer and Seller and such signing is communicated to the offering party. This contract is executed under seal in signed multiple originals, all of which together constitute one and the same instrument, with a signed original being retained by each party and each REALTORO or broker hereto, and the parties adopt the word "SEAL"beside their signatures below. Buyer acknowledges having made an on-site personal examination of the Property prior to the making of this offer. THE NORTH CAROLINA ASSOCIATION OF REALTORSO, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. DateZSTUART �:�,ZO5 Date: Buy ) Selle (SEAL) O LL W L AMSON .� Date: Date: Buyer (SEAL) Seller (SEAL) AND/OR ASSIGNS Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with the terms hereof. Date Firm: LILES & GODBEY By: (Signature) Selling Agent/Firm/Phone BRAD WATFORD Acting as ❑ Buyer's Agent I@ Seller's(sub)Agent ❑ Dual Agent Listing Agent/Firm/Phone BRAD WATFORD Acting as M Seller's(sub)Agent ❑ Dual Agent n E C E H V Ell V CCT 0 3 2005 i DIVISION OF COASTAL MANAGEMENT Page 4 of 4 STANDARD FORM 12-T ©7/2003 T49549722FX ADDENDUM TO VACANT LOT OFFER TO PURCHASE AND CONTRACT DATE: MAY 2, 2005 BUYER: STUART F. COOKE SELLER: ODELL WILLIAMSON IN REFERENCE TO THE FOREGOING VACANT LOT OFFER TO PURCHASE AND CONTRACT,PARTIES HERETO AGREE TO THE FOLLOWING: 1) PROPERTY TO BE CONVEYED IS AS FOLLOWS (AS DEPICTED ON ATTACHED MAP): A) L-A PLAT M/021 (TAX PARCEL#257DH002) B) L-100x140 WEST 3RD STREET(TAX PARCEL#257DH013) C) PORTION OF TAX PARCEL#257CA037.05 LOCATED BETWEEN WEST 2ND ST TO OLD SOUND CREEK EXTENDING FROM SHELBY STREET EAST TO TROY STREET. 2)BUYER SHALL HAVE A DUE DILIGENCE PERIOD OF NINETY(90)DAYS FROM CONTRACT RATIFICATION FOR BUYER TO DETERMINE SITE SUITABLILTY. 3) CLOSING SHALL OCCUR NO LATER THAN 60 DAYS FROM COMPLETION OF DUE DILIGENCE PERIOD 4) IN THE EVENT ANY GOVERNMENTAL REGULATED PERMIT IS NOT GRANTED,BUYER IS NOTIFY SELLER IN WRITING WITHIN SEVEN(7) DAYS OF BUYER'S RECEIPT OF DENIAL. SELLER THEN AGREES, AT BUYER'S OPTION, TO TERMINATE CONTRACT AND AUTHORIZE FULL REFUND OF EARNEST MONEY DEPOSIT. 5) BUYER SHALL HAVE THE OPTION TO EXTEND DILIGENCE PERIOD AND/OR CLOSING PERIOD BY NON-REFUNDABLE PAYMENT TO SELLER OF $25,000.00 (TWENTY FIVE THOUSAND DOLLARS)PER MONTH PER EXTENSION. ALL EXTENSION PAYMENTS SHALL APPL lJ TO PURCHASE PRICE UPON CLOSING. 5e 11e s' W 1 I I only 9 r Z)N- c MDniN eY,+e f Sion ;t- ev s-_ U R SE L ER H v� r j C�i C 3 2005 DIVISION OF ).!\STAL MANAGEMENT VACANT LOT OFFER TO PURCHASE AND CONTRACT NOTE: This contract is intended for use only for lots which have been developed pursuant to a Subdivision Ordinance adopted by a City or County and for which a plat has been recorded in the Office of the Register of Deeds in the county in which the property is located, If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract(Form 2)with the New Construction Addendum (Form 2A3). STUART F. COOKE as Buyer, hereby offers to purchase and ODELL WILLIAMSON, VIRGINIA WILLIAMSON as Seller, upon acceptance of said offer, agrees to sell and convey, all of that plot, piece or parcel of land described below(hereafter referred to as the"Property"),upon the following terns and conditions: 1. REAL PROPERTY: Located in the City of OCEAN ISLE BEACH County of BRUNSWICK , State of North Carolina, being known a more particularly described as: Street Address WEST FIRST STREET Zip Subdivision Name ON ATTACHES MAP Plat Reference: Lot , Block or Section C as shown on Plat Book or Slide at Page(s) (Property acquired by Seller in Deed Book at Page ). NOTE: Prior to signing this Vacant Lot Offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants, if any, which may limit the use of the Property, and to read the Declaration of Restrictive Covenants, By-Laws, Articles of Incorporation, Rules and Regulations, and other governing documents of the owners'association and/or the subdivision, if applicable. 2. PURCHASE PRICE: The purchase price is$ 19,000,000.00 and shall be paid as follows: (a)$50,000.00 , EARNEST MONEY DEPOSIT with this offer by ❑ cash la personal check ❑ bank check ❑ certified check ❑ other: to be deposited and held in escrow by LILES & GODBEY ("Escrow Agent")until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated. In the event: (1) this offer is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be returned to Buyer. In the event of breach of this contract by Seller, upon Buyer's request,all earnest monies shall be returned to Buyer,but such return shall not affect any other remedies available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this contract, then all eamest monies shall be forfeited upon Seller's request,but receipt of such forfeited earnest monies shall not affect any other remedies available to Seller for such breach. NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow by a broker,the broker is required by state law to retain said earnest money in the broker's trust or escrow account until a written release from the parties consenting to its disposition has been obtained or until disbursement is ordered by a court of competent jurisdiction. (b)$ ,ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE. (c) $ BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s)secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum. (d)$ ,BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (e) $ 18,950,000.00 ,BALANCE of the purchase price in cash at Closing. 3. CONDITIONS: (State N/A in each blank that is not a condition to this contract.) (a)Buyer must be able to obtain a ❑ Conventional ❑ Other: N/A loan at a ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of N/A for a term of N/A year(s), at an initial interest rate not to exceed N/A %per annum, with mortgage loan discount points not to exceed N/A %of the loan amount. Buyer shall apply for said loan within N/A days of the Effective Date of this contract. Buyer shall use Buyer's best efforts to secure the lender's customary loan commitment letter on or before N/A and to satisfy all terms and conditions of the loan commitment letter by Closing. After the above letter date, Seller may request in writing This form jointly approved by: Page 1 oLA 113 North Carolina Bar Association H V IT North Carolina s ciation of REALTORS�, Inc. D E,,,u,,, STANDARD FORM 12-T REAL 1 OR® EMKOP"NWA TY Buyer Initials Seller Initials Lb) 7/2003 Cooke Realty#1 Causeway Ocean Isle Beach NC 28469 � OCT 3 2005 Dl.n....•U10.;701G1S Fo.a..0.1017001G1 F-T�r..r.�N4.11 4 T,1017Q-777CV DIVISION OF COASTAL MANAGEMENT from Buyer a copy of the loan commitment letter. If Buyer fails to provide Seller a copy of the loan commitment letter or a written waiver of this loan condition within five days of receipt of Seller's request, Seller may terminate this contract by written notice to Buyer at any time thereafter, provided Seller has not then received a copy of the letter or the waiver. (b)There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the Property for RESIDENTIAL purposes("Intended Use"). (c) The Property must be in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. (d)All deeds of trust, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (e) Title must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple marketable and insurable title, free of all encumbrances except: ad valorem taxes for the current year(prorated through the date of Closing); utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public right of way. 4. SPECIAL ASSESSMENTS: Seller warrants that there are no pending or confirmed governmental special assessments for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' association special assessments, except as follows:NONE (Insert "None" or the identification of such assessments, if any.) Seller shall pay all owners' association assessments and all governmental assessments confirmed through the time of Closing, if any, and Buyer shall take title subject to all pending assessments, if any,unless otherwise agreed as follows: S. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the parties or paid at Closing: (a)Ad valorem taxes on real property shall be prorated on a calendar year basis through the date of Closing; (b)All late listing penalties, if any, shall be paid by Seller; (c)Rents, if any, for the Property shall be prorated through the date of Closing; (d) Owners' association dues and other like charges shall be prorated through the date of Closing. Seller represents that the regular owners' association dues, if any, are$ per 6. CLOSING EXPENSES: Buyer shall be responsible for all costs with respect to any loan obtained by Buyer. Buyer shall pay for recording the deed and for preparation and recording of all instruments required to secure the balance of the purchase price unpaid at Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this agreement, and for excise tax (revenue stamps) required by law. If Seller is to pay any of Buyer's expenses associated with the purchase of the Property,the amount thereof shall be$ , excluding any portion disapproved by Buyer's lender. 7. EVIDENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date of this contract, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property. Seller authorizes (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; and (2)the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys. 8. LABOR AND MATERIAL: Seller shall famish at Closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor and materials,if any,furnished to the Property within 120 days prior to the date of Closing have been paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. 9. CLOSING: Closing shall be defined as the date and time of recording of the deed. All parties agree to execute any and all documents and papers necessary in connection with Closing and transfer of title on or before SEE ADDENDUM at a place designated by Buyer. The deed is to be made to STUART F. COOEE AND/OR ASSIGNS CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 10.POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing. No alterations, excavations, tree removal or other such activities may be done before possession is delivered. Page 2 of 4REC EHVE Tf7 NDARB FORM 12-T 5e�— - ��� OCT 0 32005 © 7/2003 Buyer Initials Seller Initials U' IN ' -.-------:--• DIVISION OF COASTAL MANAGEMENT 11.SEWER SYSTEM(check only ONE): ❑ Buyer has investigated the costs and expenses to install the sewer system approved by the Improvement Permit attached hereto as Exhibit A and hereby approves and accepts said Improvement Permit. ❑ Seller represents that the system has been installed, which representation survives Closing, but makes no further representations as to the system. Buyer acknowledges receipt of the Improvement Permit attached hereto as Exhibit A. Buyer shall have the option of inspecting or obtaining, at Buyer's expense, inspection(s) to determine the condition of the system. If the system is not performing the function for which intended and is in need of immediate repair,Buyer may terminate this Contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by that this condition cannot be satisfied, time being of the essence. ❑ This contract is contingent upon Buyer obtaining an Improvement Permit or written evaluation from the County Health Department ("County")for a(check only ONE) ❑ conventional or ❑ other ground absorption sewage system for a bedroom home. All costs and expenses of obtaining such Permit or written evaluation shall be borne by Buyer, except Seller, by no later than , shall be responsible for clearing that portion of the Property required by the County to perform its tests and/or inspections. Buyer shall use Buyer's best efforts to obtain such Permit or written evaluation. if the ground absorption sewage system is not allowed, Buyer may terminate this contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by that this condition cannot be satisfied, time being of the essence. ❑ Buyer has investigated and approved the availability, costs and expenses to connect to a ❑public or ❑community sewer system. 12.SOIL, WATER, UTILITIES AND ENVIRONMENTAL CONTINGENCY: This contract is contingent upon Buyer obtaining report(s) that (i) the soil is suitable for Buyer's Intended Use, (ii) utilities and water are available to the Property, (iii) there is no environmental contamination, law, rule or regulation that prohibits, restricts or limits Buyer's Intended Use, and (iv) there is no flood hazard that prohibits, restricts or limits Buyer's Intended Use (collectively the "Reports"). All costs and expenses of obtaining the Reports shall be borne by Buyer. Buyer shall use Buyer's best efforts to obtain such Reports. If the Reports cannot be obtained, Buyer may terminate this contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by SEE ADDENDUM q that this condition cannot be satisfied, time being of the essence. 13.RIGHT OF ENTRY, RESTORATION AND INDEMNITY: Buyer and Buyer's agents and contractors shall have the right to enter upon the Property for the purpose of appraising the Property, and performing the tests and inspections permitted in Sections 11, 12 and 13 of this contract. If Buyer terminates this contract as provided herein, Buyer shall, at Buyer's expense, restore the Property to substantially its pre-entry condition within thirty days of contract termination. Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property. This indemnity shall survive this contract and any termination hereof. Notwithstanding the foregoing, Seller shall be responsible for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. 14.OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO.) SEE ATTACHED ADDENDUM 15.RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. 16.ASSIGNMENTS: This contract may not be assigned without the written consent of all parties, but if assigned by agreement, then this contract shall be binding on the assignee and his heirs and successors. 17.PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties, i.e., Buyer and Seller and their heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders,as appropriate. 18.SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 19.ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein, All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTORO or broker and Seller or Bu er as contained in any listing agreement,buyer agency agreement, or any other agency agreement betkvp= Page 3 of 4 U STANDARD FORM 12-T LU) �� ZOCi C 3 2005 �7/2003 Buver Initials � Seiler Initials U�w. _ ----- ---- DIVISiON OF COASTAL MANAGEMENT 20.NOT.ICE AND EXECUTION: Any notice or communication to be given to a party herein may be given to the party or to such parry's agent. This offer shall become a binding contract(the "Effective Date")when signed by both Buyer and Seller and such signing is communicated to the offering party. This contract is executed under seal in signed multiple originals, all of which together constitute one and the same instrument, with a signed original being retained by each party and each REALTORS or broker hereto, and the parties adopt the word "SEAL" beside their signatures below. Buyer acknowledges having made an on-site personal examination of the Property prior to the making of this offer. THE NORTH CAROLINA ASSOCIATION OF REALTORSO, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. Date: A ri 1 2005 Date: T ' 57- S Buyer ) Sell SEAL) T T O LL WI ON M ' '5 is-- Date: Date: Buyer (SEAL) Seller �Wrlr�A (SEAL) VIRG4RIA WILLIAMSON Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with the terms hereof. Date Firm: LILES & GODBEY By: (Signature) Selling Agent/Firm/Phone BRAD WATFORD Acting as ❑ Buyer's Agent a Seller's(sub)Agent ❑ Dual Agent Listing Agent/Firm/Phone BRAD WATFORD Acting as Seller's(sub)Agent ❑ Dual Agent ECEHVE !J OCT 0 3 2005 "ISION OF '4NAGEMENT Page 4 of 4 STANDARD FORM 12-T © 7/2003 T4927877.ZFX Jun 15 05 12: 24p Cooke Development 9105792801 p. 5 ADDENDUM TO VACANT LOT OFFER TO PURCHASE AND CONTRACT DATE: APRIL PV 2005 zs�6A BUYER: STUART F. COOKE SELLER: ODELL WILLI 0 GINIA ILLIAMSON 2T 0� P ROPERTY: TAX PARCE 57 1001 AND PART OF #257CA03705PAS sr- DELINEATED ON ATTAC D MAP IN REFERENCE TO THE FOREGOING VACANT LOT OFFER TO PURCHASE AND CONTRACT, PARTIES HERETO AGREE TO THE FOLLOWING: 1) BUYER SHALL HAVE A DUE DILIGENCE PERIOD OF NINETY(90)DAYS FROM CONTRACT RATIFICATION FOR BUYER TO DETERMINE SITE SUITABLILTY. 2) CLOSING SHALL OCCUR NO LATER THAN 60 DAYS FROM COMPLETION OF DUE DILIGENCE PERIOD 3) IN THE EVENT ANY GOVERNMENTAL REGULATED PERMIT IS NOT GRANTED, BUYER IS NOTIFY SELLER IN WRITING WITHIN SEVEN(7) DAYS OF BUYER'S RECEIPT OF DENIAL. SELLER THEN AGREES, AT BUYER'S OPTION, TO TERMINATE CONTRACT AND AUTHORIZE FULL REFUND OF EARNEST MONEY DEPOSIT. 4 i UhTB ER'SHAI.L--HAVE"THE-GP�QV-TO..-_0ftE DIGENCE PERIOD AND/OR CLOSING PERIOD BY RELEASING TO SELLER $50,000.00 (FI1 TjT b$'S' D- DOLLARS) PER MONTH PER EXTENSION. ALL EXTENSION PAYMENTS SHALL BE NON h'DABLE AND SHALL APPLY TO PURCHA,S ZPCE 5e ler Duill 2anl� 3 �` �Eer�IOf\s: V-V .� BUYER ELLER SELLE D DOCT 0 3 2005 DIVISION OF COASTAL MANAGEMENT Traverse Aloncj 404 Line " 1° �*° Traverse Alon 404 Line w �. ,� N"'Iff � LINE BEARING DISTANCE LINE BEARING D15TANCE � W I A 5 75°12108"W 63.40' W 19 5 46°43'47"W 13.57' ?n d? W 1 B 5 73°08'00"W 36.84' W20 5 55*01'57'W 20.52' WIC 5 78°40'34"W 35.2 I' W2 I 5 64°57'46"W 42.60' a W2 5 84°03'27"W 33.87' 722 5 80°2958"W 48.71' ^� W3 S 72°30'19"W 41.77' W23 5 76°03'01"W 35.39' W4 5 86°24'16"W 34.10' W24 5 78°5238"W 40.32' Traverse Alonji Approximate High Water Line nnw cazAN W5 S 79*2135"W 39.13' W25 N 77°47'30"W 34.38' UNE BEARING I D6TANC[ W6 5 66°18'14'W 27.85' W26 N 67°49'28"W 31.22' LI N 86°5938'W 24.28 W7 5 78°02'54"W 39.28' W27 5 75°45'14"W 22.67' u N 780.03'05°W 43.9T W8 5 85°04'20°W 36.47' W28 5 85°07'50"W 46.22' L4 N 68.0534'W 43.76' 7 N 12•W 107.12' W9 585°06'12"W 34.05' W29 N 77°54'03"W 38.90' L6 N5r50ersala•w G7.47 W I O S 87°57'36'W 30.34' W30 N 78°59'17"W 42.26' L7 s 86.4a42'W 9G.03' LaN 84'51'21•E 58.23' W I I S 80°20'18"W 33.92' W31 N 73°3 I'05'W 60.72' L9 s 68ros'5e•w 24.74' W 12 S 81°38'50"W 3 I.60 W32 N 67°57'34"W 28.9 P LI O 5 67°03'05•W 39.17 W13 S 75°31'05"W 27.68' W33 N 69°I5'39"W 24.81' L12 N47'24115'E 105.54' W 14 1 5 53°3634"W 21.14' W34 5 86°59'10"W 41.11' L13 5 69°55'54'W 59.37 7I4 N80.1349•E 94.25' W 15 5 69043'18"W 36.95' W35 N 66°30'291 W 27.76' L15 s 83.07'38'W 1 15.31, W 16 5 57°3 I'10"W 36.30' W36 N 83-2134"W 19.26' LIG N 84°51'53'[ 72.67 L 17 9 74'3721'W 62.02' W 17 5 51°30'50"W 41.78' 1 W37 5 58*41'34"W 10.8-27 L1e 582'39'23'W 71.G& W18 554°59'43"W 21.34' s 973.46 11'W 1 0 45' LEGENDN6 0 73.OT0 5,V7 '[ 27.14' Theee sWd"syr s W I Y be farad m the dnw,ng. CURVE CHORD BEARING CHORD LENGTH ARC L[NGTN RADIUS Reber Pwrd UNe»Otherwix Noted C I N 00'36'48'W 93.69' 95.03' 163.1 a O Reber 5et C2 N 00'04'46'E 126.Sa I2D.44' 213.19 Vil VA VA ``,,'''' ]ill. `''' l& illl ]ill. Marsh Lne ItII. VIL ya VA VA Msrsh channel Lne a VA VIL VAVA ChanrrJ Une ;zh\(.Tannel L. Prorox4 Dock CI. U- wIA L14 wm w1e Odell Williamson � 13 '� Wq '1 D8 1 15.Page 175 M nd Lro +w" ix N I °24' 'W L I (2 �Llu 41" W1 171.63' W97 w" £ (4 Ma Ncha b- Iron P<P war[5 L6 L LIa`ga`al O 4) © D wzt 12 13 14 D 0 O 91 D on Pl Fd o D N 17'21'32'W ® D 0555UbdIVI5I0n 62.73 0® ® ® D 5Zq g•AagS•W y.[5-29 a Cab.'T',P . 149 0 ® ® ® ® y gGy 72'Aaq © Ou P 9 ro Pire Fd N a �D r N © £�t D 1, Iron Pi e Pd. © 0 17 I 2(.w(52.> A33g lr 6 © ® D-. N73q 1'p6't O3 L370.52- RG35.63' 4 1 6 D James Ma9kery 1 DB 541,Page 643 ` Nar •N• 25 I I I 15 Q ® Q �� e 1roreFd. D � o D IB � D� ,W® 0 2 6 H N t 57,0116 cJ,�rggt 0 �D �� 5BG°LP,MwI 19 20 =+w.27 ,n i A D § (D � €6� 16 17 18 Iron rl Pd. �- qNt 28 uumbdml r IPOlan . �A°aAaAAs,Sd E 5gt ADrAe' P®y ®51 ol ''•I15 tXte wn 56bP,p oec tFlkod nG5ey 2 g;°n oSe �' Ma -A Fro? 3Iro n ,pe 2P d.:- w1 s I ronx Pare Pd. q y tS ron Pare Fd. � ® R n d I.I I O Pi Pd I D x. ® fiN N 2•aa E 3 �I 1 NTr+I'ggc I4s? 3 ��� 7 4 w 6 5 O3 n Ve�P P� r 3 yect ^� �ree� 33 m 0 ® a C lock i ' , age F,rSt 5 ap D O SS O 2 ,,,W T9sIS'W I Sg?2 p31 / Crouse Subdlwslon 30 E N 72°AOAS NCGS Monvment'Pe ri Iron F,Pe Pd. 9 Ira,r,re Fd. Map Cab."T,Pg. 147 Ne g vw N-49.692 N rMvx•e E- 8.5570 q?� 3 ge.ec ^ Beach Condo Book 1, ,Page 65-67 cl Is•a xTlx.' �+t 1>nrmo"re�� Veyeran°It Lne plotted tram caordmstc? NTy'w 16 B b V^�+.,L..ea IYe Iron R P-,d d Iry Town of Ors n 1.1e B.., NCG5 Monvment'IDPJ' 14 15 N�g8,884.2067 [-2.165.739.097a Crou5e Ubdlvlslon NAD 83 Map Cab."1,Pg. 147 •�3 This certifies that this copy of this plat identifies as wetlands all areas of wetlands m regulated pursuant to Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the law or P1.112115hed Regulatlon5,this determination may be relied upon for a,period not to exceed five years from this date.This determination Ur utilizing the 1157 Corps of Engineers Wetland Delineation Manual. a orps pre5en a ive) -a _os e '0 ae ®Norns 4 Ward rand 5urveycm,P.A.2004 Riparian survey For NO,,RRIS WARD The Resort At Ocean Isle Beach Land Surveyors, P.A. 51e1btte Tw ,r Brvnfwrck C-ty,N.C. teve M.Norris,P.L.S. 1301 Thomasboro Road SW,Calabash,N.C.28467 ^ m IGO 240 aaa� �- Randy D.Ward,P.L.S. Phone:910-579-5808 Paz:910-579-5825 9ulc 1'-00 /ugint 16[M1,2005 1N3W3OVNVN -1VIS`d00 -JO NOISIAIG 500Z £ 0 100 0 9 ax lbd 9MG �h!t Sbes Traverse Alon 404 1-- Traverse Alon 404 Line Traverse Adonq Approximate NI h Water Line ^Hunk oorw LINE BEARING 015TMCE LINE BEARING D15TANCE LINE BEARING 015TANCE 9r�b W I A 5 75•12V8'W 63.40 W 19 5 46.4347'W 13.57 L I N B6.59'36'W I 24.26' No W I B 5 73'OHVO W 36.84' W20 5 55°01'5T W 20.52' L2 N 71.43V3'W 34.56' WIG 578.4034'W 35.21' W21 564.57-46'W 42.60 L3 NBO.O3VTW 43.9T W2 584'03'2TW 33.8T W22 580'29158'W 48.7" L4 N 68°05'34'W 43.7G W3 5 72.30TT W 4I.77 W23 5 76-0301'W 35.3s L5 N 701012•W 107.124 W4 5 66°24'18'W 34.10 W24 5 78°52'38'W 40.32' LG N 57-5014-W 67.4T W5 5 79.2177-W 39.13' W25 N 77-4T30'W 34.38' L7 5 86'4C'42'W 96.03' WG 5 GO18'14-W 27.86 W26 N 8749'28'W 31.22' IB N 84.512V E 58.23' W7 5 78°02'54'W 39.28, W27 5 75'45'14'W 22.67' L9 5 68°O9158'W 24.7W IN We 5 85.04'20'W 36.4T W26 5 85'OT50 W 46.22' L I O 5 87°03V5'W 39.I T W9 585.0012-W 34.05' W29 N 7T54103'W 38.90 LI I 5 74.24V3'W 55.3T WIO 58T5736'W 3 W30 N78'59'17-W 42.2G' 02 N4T11'15'E 105.54' WII 580°20'18'W 3 W31 N73°3105'W 60.72 03 569.5s54'W 59.3T W 12 5 81°3850'W 31.60 W32 N 6T5T34'W 25.91' LI4 N 80'13-49-[ 94.25' W 13 5 75.3I V5'W 27.68' W33 N 69•153T W 24.80 L 15 5 83°OT38'W 115.31' LEGENDW 14 5 53°38134•W 21.14' W34 5 B6.5910 W 41.1 1' 6 N B4.5I'S3'E 72.6T W 15 5 69.43'1 B•W 36.95' W35 N 66'3029•W 27.7G' L 17 5 74.3721'W 62.02' WIG 5 5731'1 O W 36.30 W36 N 83'2 I'34'W 19.28' L 16 5 82.39'23'W 71.68 Th-5ta axl eymi ob wll 1 W 17 5 51°3050 W 4 .7B' W37 5 58.4 V34'W 10.82' L 19 5 73'46'41'W 10.45' be bud m the dra-9. ",16 18 5 54°59'43'W 21.34' L20 N 73°46'41'[ 73.OT Rebw ro-d Unle»Othr-Noted L21 N 70'S4'31•E 27.14' O Reba,Set v CURVE CHORD BEARING CHORD LENGTH ARC LENGTHRADIU5 C I N 00.36'48'W 93.69' 95.03' 163.I0 C2 N 00°04 w E 26.50 128.44' 1 213.16' V& V& V& U """" V& ]W. x�.19 lllL ^vim �%mt V& V& VA matt ld water n -4.Oa x-I.X Her 1,� V& wat I,ne v x-aa Cronne' - MryW mate r' x Propoxd Community Pier ' x 30 Coastal 5horelme buffer Old Sound Creek x �wemd ilmit x-ua t w'^ x x-tar LI 75'"5tal Shoreline AEC limit � wit m 7h„G x 3 ^ 1 LI x, L 1 2 w � 9 t ai• N Odell Willumeon 171.63' L3 DB 1 15.Page 178 �4. O Iron Pe f x3,(5 L6 l9 ll 4` 13 14 wzT c 12 `.c.+e I � an Pipe Fd. _ 29 �-1 ss 5Ubd1v151on 62'7,3 ® ® ® ® 5 A5 E 5 6 ©n O ® ® ® D e� N,2 ap Ca 16 Z%Pg. 149 ri re ❑ cjtr µ, ® f -(N\rd a ron p1' I PI Fd. 1 2i'W is ® 6® �� Pipe Fd. ?9.OtV6'E 17 2 3 L37o.52' R635.63' James Maskery D Retar 6l DB 541.Page 6 3 L4O5.49' Oa°' S 89• R695'63' ®O n 9'MC.'M',P 201 22'42'W CH-399.78' 1y�7/, ��Z \�,��t`\ ® Iron Pipe rd. 2S N O N 2® ro g72`p045 W feet 0 20 17 18 1 Iron o � � D � 16 ® ® fi 15 ock 12 ,B y CD 28 O £ e ® 45't 565 A eel l� teny\O GX � 12 13 14 umm r Pla 29 D N,cord 5tr tP,Mw CO I it^O^. esoor ubdl Ion Q N v ed 5e 40A5` (D " ,9 e5' Iron Pipe Id. 4 3 £ Lj 2 Iron PI rd. 5 Map Cab g. 148 ^� Propo 5� ® 6 .s ronPipeFd. �30 p T O 4C U1 rIM ® ® ® £ 7, mn PIPe Fd. R l0 9 AO Y 7 " s 4 3 � 420'Ocean EC limit 6 D D uBA� C' r � �t n•C• et u 3 P n ® N C \ook\ •5 a9e G t 5tre 33 t av 12 Ocean Er able Setback � 550n 5y 0O N ITI9i3•w (D O 5552 39.9Y 30 31 AOgS•[317 52 Iron Plpe fd. Iron Ppe rd. Crouse 5ubdmslon N72° NCG5 Monument Map Cab.'T Pg. 147 nsrls' •w N-49,692 N 7 45et' t E- 3 .5570 r 55� d 6O'Ocean Erodible Setback Bea as 5� o Book 1,Page 65-G7 se zne.ist � � uw I o F, Vegetation Line plotted from coordmate5 NC 4 Mommient YORI' 14 15 16 m w.•�°' .,, provided by Town of Ocean 151C Beach N-48,884.2067 E-2,165,739.0970 Crouse ubdIV1510n NAD 83 Map Cab.'Z,Pg. 147 x °3 Amenity Area Propos ed Pool 4 Pool douse) 0.2 I ACRES Area Calculated to Vegetation Line 5ee Proposed Oceanfront SCALE 1" = 200' Development sheet for details on proposed re-development Note: Oceanfront lot in VE zone, none of remaining property in VE zone ®Norris 4 Ward land Surveyors.P.A.2004 14panan Survey for er v., NORRIS WARD 292005 The Resort At Ocean 151e Beach Land Surveyors, P.A. 5NII-Towehip Brv'ux iC-y.N.C. 0 80 60 240 teve M.Non-5,P.L.5. 1301 T)-1 oro Road 5W,Caiaba5h,N.C.25AG7 Randy D.Ward,P.L.5. Phone:910-579-5808 Fax:910-579-5825 Bak L-� A,y 16Hi,2005 Land Management Group, Inc. JO I S I i1 I Q CAMA Major Permit Application, !�1 Environmental Consultant E PLAN The Resort at Ocean Isle Beach P. O. Box 2522 500Z C 0 130 Applicant: The Resort at Ocean Isle Beach, LLC Wilmington, NC 28402 910.452.0001 (p) 910.452.0 0 fl Location: Ocean Isle Beach, Brunswick County A 1 Date: revised 10/1/2005 Sheet I Of 10 LMG#02-05-445 SCALE 1 " = 50' MLW approx. - I ' MSL roximate Low water one - ,36 A X -2.86 Riparian Corridor Limits for all waterfront lots to be recorded by applicant Old Sound Creek Proposed Community Pier 6' wide, no dockage, no "t" \ X -3,28 d 0 panne ,34 e t threa Ppprox�ma Riparian Corrld r Imps X -2,68 MHW -4,6 Low w er Line p, roximat - L \ 3 X W5 W4 - 0, 9 I 40 Wetland Landward marsh Lim t 2 7 ' Coastal horeline EC limit y�2 75 76 7 78 79 80 82 5„ �N6g3 84 �33 5 ire N -7VAO �5 d60 � P 1N9V490V VV -IviS"�O JO NOISIA10 Land Management Group, q sooz 9 100 CAMA Major Permit Application, Environmental Consultan POSED The Resort at Ocean Isle Beach P. O. Box 2522 +DEPENDENT Applicant: The Resort at Ocean Isle Beach, LLC Wilmington, NC 28402SM CTURES 910.452.0001 (p) 910.452.0060(0 Community Pier Location: Ocean Isle Beach, Brunswick County LMG 02-05-445 Date: revised 10/1/2005 Sheet 0 of/v # SYMBOL LEGEND ;_r--•*; DESCRIPTION SYMBOL To first Street EXTERIOR ELEVATION .. INTERIOR ELEVATIONS SECTION CUT I 1 �_ / GOLF CART E1� LI IA i PARKING ONLY PLAN KITG+-IEN DOOR DESIGNATION , \ DN ROOM DESIGNATION i WINDOW DESIGNATION o- rp I 120'SETBACK ®a x S L."D GEARING 1 \ / MEN z W•WAD BEARING 7 x 4 LOAD SEALING 1 / JAN i L --,FOUNDATION PILI GS THE RESORT AS SHOWN BUILDING TO LE T E' CLUBHOUSE iYd► STOR @ OCEAN ISLE BEACH V40NEII' FIRST STREET OCEAN ISLE BEACH,N.C. i� I Si =�; U PROP 0SED POOL G. ?fi'-""a `4 FIRST FLOOR LU SCALE 1/4' - 1'-0' Z �,. ,. approx. 28' above ground W 60' SETBACK o DECKING seaward of 60'setback — H not to exceed 500 sq.ft. I i w ® ® ® ® ® ® ® ® � IJU Q 790 �/� SUNSET GROUND FLOOR = V BLVD. N. 9""w SCALE 1/8' I'-0' U SUITE 105 LANDWARD TOE OF DUNE Q O SUNSET BEACH Elevated on pilings w NORTH CAROLINA ED J _�28468 6133 approx. 8 above ground ♦ Y �' Y,0 S79_yAD, _ ,,,D„� SCALE REDUCED TO wAX 90fChteS o atrnG.n FRONT ELEVATION fieet SCALE 1/4' . 1'-0' 1" = 20' �k ,- DATE SEFDAIIER 15,2005 SCALE REDUCED TO Entire lot is within VE zone w'. , rRo Ecr No.:Asia 1 - 10 0, SITE PLAN & D " FLOOR PLANS V Z FIRST LINE OF VEGETATION SHEET NUMBM I OF OCT 0 3 2005 To Atlantic Ocean a4 a nd N b nproEuae a r-e F d A a p, �Gqul pmvsm d tlr M:INKL ®Cny,iplA ING DIVISION OF r Walkway and stairs to end at first line of Vegetation. MANAGEMENT Land Management Group, Inc. CAMA Major Permit Application Environmental Consultants PROPOSED OCEANFRONT The Resort at Ocean Isle Beach P.O. Box 2522 Wilmington, NC 28402 DEVELOPMENT Applicant: The Resort at Ocean Isle Beach LLC 910-452-0001 Pool House and Pool Location: Old Sound Creek/Atlantic Ocean LMG#02-05 445 Brunswick County Date: 9/28/2005 Sheet `V of/O SYMBOL LEGEND DE cS RIPTION srneoL To first Street es�' � E%IEGIDR ELEVATION �3. INTERIOR WATIDNS I , � SECTION CUT ' i I GOLF CART mom LN+Ro>c+une / PARKING ONLY PLAN DETAL I KITCHEN iman DDaR DESIGNATION ieI auk i \ DN RooN DEswxAraN eI � ti I WINDOW DESIGNATION _. 120-SETBACK ® 7 x 11 LOAD dlMING \ MEN ,x.LOAD JIi a x 4 LOAD 11i JAN i j I L., .. OUNDATION PILI GS THE RESORT OR BUILDING AB VE, j AS SHOWN TO LET CLUBHOUSE . . woMEf1' @ OCEAN ISLE BEACH STOR ,\ I as'-0 FIRST STREET " OCEAN ISLE W",N.C. ---- ----- - -- \'I Z § Y •�-�,` U ------PROPOSED POOL ,•• FIRST FLOOR o SCALE 114' 1'-0' QY11 Z �� ridgy+�• approx. 28' above ground W (.0' SETBACK O DECKING seaward of 60'setback cn not to exceed 500 sq.ft. I I `U z n1l h! V SUNSET GROUND FLOOR ¢ BLVD. N. SCALE 1/6' 1'-0' = SURE 105 pilings LANDWARD TOE OF DUNE W JO� NORUNSET BEACH TH CAROLINA Elevated on ilin S m 26468 - 6133 INA approx. 8' above ground i r - Y r^P' G,a,,,_,�, _ �E FRONT ELEVATION SCALE REDUCED TO w V jg ro chitects 0 atmc.net SCALE 114' - 1'-0' 1" = 20' �. OATS SEpTOW 15.zoos Entire lot is within VE zone u1. �.2528 111,6­11 SCALE REDUCED TO oV 1" = 10, SITE PLAN a (� FLOOR PLANS OCT 0 3 2005 D FIRST LINE OF VEGETATION SHEET NUS I OF I DIVISION OF To Atlantic Ocean L Inw�Y IY�M bMp WOf MIPRO:R N W b tl Y e� �W k'A1Kt r �CIy h )4v a MK UeM Y 7061 COASTAL MANAGEMENT r. Walkway and stairs to end at first line of vegetation. Land Management Group, Inc. CAMA Major Permit Application Environmental Consultants PROPOSED OCEANFRONT The Resort at Ocean Isle Beach P.O. Box 2522 Wilmington, NC 28402 DEVELOPMENT Applicant: The Resort at Ocean Isle Beach LLC 910-452-0001 Pool House and Pool Location: Old Sound Creek/Atlantic Ocean LMG#02-05-445 Brunswick County Date: 9/28/2005 Sheet �0 of�O z<- - '�: -d-a.r +. , •`i�kaP• Tt.r: I+ st ..&r •J". ^ r._,�.+,u ;fi;:-.2'' IN O .:MI Y! Y2 )A z UI �` '• ' �' ,ana Y D c W �. Traverse Alon I04 bRe Traverse Non 404 One, Traverse Alonq Aprr Water Line 4natncov z O Ir-Y _ [ BEARINf PNCE 11NE T No Srile 19 .Ca.40 W 19 5 46.4347'W 13.57' LI N ' �1 O 0 10 5 3 W .pT w20 S5101 T w a0.52' L2 N 7 H4 •W C?� IC 5 4a •W 35.21, W21 5643 w 42.60 L3 W. 97 W2 S 04 W W .71' L4 m m W3 5 7 W .1.77 5 G,D3 l•W 35.391 4S N l a l 107.I r W241F&W I S70'S 2' L6 N 8 14'W 67AT 5 79.21 W .13' N r4730 W a4.3d L7 86• 42'W %.03' M W6 566'18'14•w 39.85' 6 N 4928' 31.22' l0 N84'61.21•E SD.23' W7 5 78Vr5*W 39.28' S '1{'w .6T L9 5 W 4.74' 05.04'20' .4T W28 5 W :2' L O 5 87V3'O5 W 39.171 9 12•W 34.05' W29 N .90 L11 574'24'03'W 55.37' W30 N 7 91 T W 42.26' L 12 N 4 1 VI [ 105.54' W I I 5 80.2 J O W W31 N 7 105'W 60.72' L 13 S 69.55'SW W 59.37' WI2 56l W 31.60 W32 N67'5734'W 26.91' 114 N80'1549'E 94.25' LEGEND Wt3 5.7 os• 6 31' W 68 N33 N 15-3 24.81' L15 583VT3&W 115.31' 14 S 3 •W 21.14'. W34 5 86-59'I W 41,1 V L 1 6 N 84151'53'E 72.67 W I S 5 C9.43'10'W 36.95' W35 IN 66.30'29 W 27.76 L17 5 74.3T21"W_ 62.02' W 16 5 57'3l'10'W 36.3a W36 N 03.21'34•W 19.28' L 10 5 02'3- 2 71.6p•- These standard 9pnbds wdl W 17 3 51.30'50•W 41.78' WS7 5 50.41'34•W 10.82' L 19 5 73'4641•w 10.45' be found in the drawlq. W 10 9 34.59'43'W 21.34' L20 I N 73.4G'41•E 73.OT L2I N 70.5431•[ 27.14' • Reba Found Unless Otherwx Noted g O xebar Set 3 Y (URVE CMAD BEAPJNG CHORD LENGTH AMC LENGTH RADIUS C 1 N 00'36'48'W 93.69' 95.03' 163.1 a C2 N 00V446'[ 26.fia 125.44' 213.16' v.11 VIZ vv 3.17 VA 1/11 x-0.]9Apprp"imate Low water Lme Marsh tine / ][lL UIL VV lfll -__-� ♦DB x-z.aG IG �C{L Appronmate law water Line Ayprpa,nute Low water Line -__ / �r>\2at x-32a -� Appronmate Thread 01 Channel Appro.�mate low water Un< xy34 x • T -w x-134 f � ApprO>wute rhreud of Ch--n - G P•oLl Dock wlA _ I � x-z.7T / V � wlc wie Odell WIll;am5on -023AeF-1-te Ww water L.- w� wa ; DB i 15,Page 178 N I 24' 'W L2 t"a9 171.63' Appr13 owmate Low water Um �• \t ul' -, +` 1 11 \ \ Iron�1pe r m w3, 45 LI {94 T`I,1�- tl 11 1 L6 L 1 1 1 1 r--, 1 12 \ 13 \\ 14 .M>r c,t g®i i ram, w w Wetly 1 L-ts to 7 `` ;+1 111+1®; ++ Iron M1pa Fd. z 1 N 17'21'32•W L ! /®/ ! � r--, f-- 1 I I 1 1 1 1 1®l + 1 1 7 62.73, _ N>3� `�J i I / I ! 1 1 j l I l 1 1 1 + t 1 I i -- AaAsW 6 2% s9 5ubdro151on 2!• '� 1 1 1 t 1 1 + 1 1 1 �-' 9 e 5� f- \ 1 Ma Cab."l'.P 149 \5 i®1 1®I I®1 I®1 1®� 1 5t 0A5' -, t 1©It 1®,1 1®� p g' Iron P.pe Fd - 4• L -J 1 I I I 1 I`_J +�-' d r , f' 1 1 \ .3 -' xe ,cl 69 anN r'- 1 1 \ 1 \ 1 00 Iron R;e. \ \ 1 Yi'1 I r� _ w! 2.>. 5 42•W a 3Y 1' +®41 '`'-a 1�-1a P,pe Fd. N'j5. 1'O t \ 17 1 _ 5 89.22' IA3. , c''�t \ ,1 1®'1James Ma"L310.52' R635 63' _ AS c 1© 1® ry 1 1 1 \\ \ 1 LO'� R s L -{9' R695.63 Rebar5x4 72"w r' ?1+®� 11 11+ 1`--; •- ,� f- 1 DB541.rage 643 �'22'42' wCtt-399.78' MC.'M'.Pg.201 >I 1 / i' +11+©++1+"-;1 ' r' ; i 1+ Z 25 / o O 1 + 1 \ 1 1 1 1 1 1 1 1® 1 ,l 11 ®11 `Fd. \ \ , „ 1 _ I,_ l IS1�1 1 1 -- �R £ -, r` ,1 +®1 1�1 1 "` ' -t \ I / 26 r` 1 z i r' ^I -, r--,,;.. 1111®; `- GCS ////5eG°"�5 ` 1 20 Yw.27 y O l q 1 1 r--, r--, T�-'1 t 1 +®1 +® 1 1 3 " / 1 19 1 �4 N 1� - , i 18 N ®+ 1®1 1 6 F 16 1 17 1 Iron rape rd. og + O N -, 1® t 1 1 + \•`- n '� 1 15 k 12 f \ 1 Iwgswe 28 1 -�� £ N „1 (' t t 1 t -J 1. ye�\510 1 s. 3 \ \ \ \ \ -►, " - '1 1 +®1 1 J �' 5 AN X V' 1 1 3 tlprl" Iron P,pe Fd. \ �'o r' ^I `tG�'4 1 1 + ) "- Aa'+5•[� reet ,c l ft 1 12 `. .s• � 31. I \5ummar Placf \ O 1 V• 1©� t 'A h� t LP M r'-mot t 5soor'^� X , 2 4 1 0"e o29 _' Co + eco 56g 46' r 1 1 .4• 1 1 ubdlvlslon \,.-\ \ N `_ N ed 5 AOAS'W _ r''; t ,+t 1®j (0 1,x,� as�l an npe Fd 1 4 3 1 1 Map\Cab. P-g:1148 1 © It propp5 57Y ;®11 ft { i '{ O^^�rd. 1 6 1 5 1 ` 15 Iron Pipe Fe. 1r91 t30 1" -' G uraw r' �+ + 1 +®1 + .� " z� 1 1 % S \ \ \ _�.•� -• r , r' 1 + \ \®1 1 �' soov 1 8 , non Pepe Fd. 1 FJN , r`'�t iII It 1+®� ®�1�__� onPl Are 10 f ApO. ` a� ` 55er t Cayes �wu>c._- + II NP 11®;+1j �-� N rAaS �13 2 w,p4ns5 re 33 ' - r' '+ +® w 1 L r 1 b ak' a F\r5t S31 1 30 \ i.-'' AaAS•t S'-/.9�' 1-Flee F, Iron PWe Fd. Crouse 507dlvi5ton 1�- 1 N'e NCCa5 Monument Tetra Map Cab."Z",Pg. 147 1 NGrlc-. N:49,692. \ x7r'44ao e E� 3 8.557an hr ,ate \ Beach\/111as \ \ Gondo Book I.Page 65-67 W 5 t t VC'CaGon Line pbtted troll-d.4- X,2 Tawn of Ocr�n Isle Beach n•>.a„k>w,t ran<ary w re rl.r rwew.,.enn,r>r,w•,er.xww \ 16 O X Na5>r•tm lav Iron P�^�by ,y,"m°ra"„'I.swr w...4wm.a,.1.. rw,x,.e x.yr,o..u> i.Nn•.yre \ 1 15 ra> a>m,.,m>wan/.aupa,raw.F.w.,enr�...n..>...no.,aeax..•,., 8���• 1 14 `` \\ a>nm,,,,ln,,.s>,-,ar-4-1967 Can a Fr�weu.,e oe+,rxcn uX"v. E-2,165.739.0970- Cr0V5C 5ubdnn5lorl a ys NA083 Map Cab.2",Pg. 147 11 \ \ x � -- \ 1 x r.,r 1 t 1 M x aye x ry x'm xri xIIIN"C-c" (ON-5 t Ward land 5--itrg•.P.A.2004 , ` `� Tire 5ort At Ocean 151e Beach. gyp, Land.5UrV0Y - P.A. ` ` SadOMe Tardnp. en4nw x caws d.c r .. Y I$o1 ?" 1tf W5bCw0 ROsa SW,,COmbash.N.C.254G7 �•° �°e`� D e0 240 .� '•'• Pttorre 910+579ai6Qap Far 910-379-5fSYS �.Lr"��' '• • w. ...:titan 'W� a�►�" .. -.•.- ii.�.. j'"'-VaSE, d>`44• `-� _ W 1L 1t 1[ Lannon M'P� � ' z KY it-n, Traverse Alon 404 Line Traver Alon 404 Line Trav Alon roxlmate H1 h Water Line UNE BEARING DISTANCE UNE BEARING V15TANCE UNE BEAR ING D15TANCE 1b 9r�le W I A 5 75°1208'W 63.40 W 19 5 46.43147'W 13.5T L I N 86.5938'W 24.26' W I B 5 73.0809 W 36.84' W20 5 55.01'5T W 20.52' L2 N 71.43173'W 34.56' WIC 5 78°4034'W 35.21, W21 5 64.5T46'W 42.60 L3 N 80'0305'W 43.97 W2 5 84°03'27'W 33.87 W2 0°2 5 829'58'W 48.71' L4 N 68'05'34'W 43.76' W3 5 72.3019-W 4I.7T W23 5 7G'03101'W 35.391 L5 N 76.101 2'W 107.12' W4 5 86°24'I8'W 34.10' W24 5 78'S2'38'W 40.32' L6 N 8T5014'W 67.4T W5 5 79-21'35'W 39.13' W25 N 77-47'3P W 34.38' L7 5 86.4042'W 96.03, WG 5 66°I8'14'W 27.85' W26 N 87.4928'W 31.22' LB N 84-51-21.E 58.23' W7 9 78°02'54'W 39.2e' W27 5 75.45'14'W 22.6T L9 5 68.09'56'W 24.74' WB 5 85°04'20'W 36.47 W28 5 85.075P W 46.22' L I O 5 67°03'05'W 39.17 W9 5 85°06'12-W 34.05, W29 N 77-5403'W 38.90 LII 5 74.2403'W 55.37 WIG 5 87-57'36'W 3 W30 N 78'S9'17'W 42.26' L 12 N 47'11'15-E 105.54' W I 1 5 W2018-W 3 W31 N 73.31105'W 60.72' L 13 5 69°55'54'W 59.37 W 1 2 5 81.38'5P W 31.60 W32 N 67'5T34'W 28.91' L 14 N 8P 13'49'1! 94.25' W 13 5 75.3105'W 27.66 W33 N 69.15'39'W 24.61' L 15 5 83°OT38'W I 15.31' LEGEND W 4 5 53°30'34'W 21.4' W34 5 86 591 P W 41. I' 16 N 64.51'53'E 72.6T W I5 5 69143'I 'W 36.95' W3 N 66.30'29'W 27.76' L1 5 74°372I'W 62.02' W 16 5 57-31'1 P W 36.30 W36 N 63.21'34'W 19.26' 118 5 62.3523'W 71.68' Thex etaMxd eyinbd9 WJI W 17 9 S I.30'50 W 4 I.78' W37 5 58'41'34'W 10.82' L 19 5 73.46'4I'W 10.45' be,p,nd n the d,a,,". W 18 5 54.59'43'W 21.34' L20 N 73°46'4I-E 73.0T Reber rend uNeee othery ee Noted L21 N 70'54'31'E 27.14' 1 V O Reber Set y CURVE CHORD BEARING CHORD LENGTH ARC LENGTH RADW5 O 'I N OP3648'W 93.69' 95.03' 165.10 C2 N 00'04'46'E 126.50 1 125.44' 1213.16' DIVISION OF V11 V11 VIL V11 gOASTAL MANAGEMENT V11 gal VIL V9 V& V& x asp r aM''^Im,r VIL V11 VIL mate o water 4s ma4� x-t= "'4+11 VIL -Px un< -an x aaa .^,read d CnmroL _ x MYIW x-en Propoxd Community Pier 30'Coastal 5horehne buffer Old Sound Creek x-� �wemnd hn�c x-tea t wiA Z 75'Coastal 5horeline AEC limit x LI w1c 3 w5 w4 w5 "t z- N 2 W L2 �` N n 1.63' -+, Well Wdllamson 44 win ® D15 1 15.Page 178 ,. m Iron pe F xa,L3 O L6 19 LI +�� 12 13 14 w27 c ® ® D 1 I ® D ron Rpe fd. Z D 693 59 1 62,73' 5 n ® ® 2 p5•C 5� ®� �' s ubdI0510 alp Ca "Z,Pg. 149 P1 r o❑ `Jtr ron pe d NJ. �� -{herd wl W 01, Iron Pi Fd. 17 1 2j w152.�� LH73J me9 Ma5kery A O 3 3�'S2 R635.63' 61 © DD DB 541,Page 643 D� ses•2z9w3�-78' Reber ® a� }MC.'M',Pg.201 Pipe fd. 25 1 I 8 I8 @ -A "nm 26 w O P{ N © ® S�� 572•A0A5• C.eet o 20 •L 17 18 Iron P1 Pd. � 15 ock 12 Y C� Wq,e..28 O f '> 565 AA' �Xteng�0 V' 13 14 5 IOn" Iron 1pe Fd. Y ® 45' ePi 1 S umm r Plac W" 029 © 57 coed 5tr Pd� "ra4 r sw 71 e' 3 2 Y" o 29 ro N �L Pi ®j C� ,9.es Iron Ppe Pd. 4 £ Ubdi ion N 9 OGJQ�d g72.p0A5' ® �C ronR Pd. 5 Map Cab 145 x � © ^-A prop xeo. 7 6 ronMmFd. rd.1 R 11 5 F PI Fd 1O 9 J (P le � 2•A0a E AEI "t1•,5�c"49?z O 4 � ® g e � 41 31 \ 420'Ocean EC limit 3 7 °6 5� o (D 33 `� ® ® u, 7, �D `�,o � av 1 20'Ocean Er Ible Setback O O W. 55� ,Sao xST1915'W y55Z 9.95 30 31 q5,E 31-/.5� Iron Pipe Fd. Iron Pipe fd. Crouse subdivision Nvr4C NCG5 MorWnent Tetra' Map Cab."Z",Pg. 147 cr1- N-49.692 N7 f E- 3 .5570 49.e1 r ,ems Bea a5 6O'Ocean Erodible Setback "c o Book I,Page 65-67 X "Yc zrin.ict E � 6x $,x on PI Vegetation Line plotted from coordinates NCGS Manurnent'LM. 14 15 _ ,,,J�ao first provided by Town of Ocean 151e Beach N-48.884.2067 - ns E-2.165,739.0570 Crouse ubcInn5ion NAD83 Map Gab."P,Pg. 147 x\ 1 Amenity Area Proposed Pool €Pool Hou5e) 0.2 I ACRES xm Area Calculated to x» Vegetation Line octw See Proposed Oceanfront SCALE 1" = 200' Development sheet for details on proposed re-development Note: Oceanfront lot in VE zone, none of remaining property in VE zone r, 1014onn5 4 Ward Land 5utveyon,P.A.2004 NORRI5 WARD 9.29_2005 The Resort At OceanIsle BeachNJ . Land Surveyors, P.A. 91u1 To." Cady,N.C. 80 60 tcve M.Noms,P.L.S. 1301 Thomasboro Road SW,Calabash,N.C.28467 n 240 Randy D.Ward,P.L.5. Phone:910-579-58W Faz:910-579-5525 9uk 1•-eo Ag1M 16en,zoos Land Management Group, Inc. CAMA Major Permit Application, Environmental Consultants SITE PLAN The Resort at Ocean Isle Beach P. O. Box 2522 Applicant: The Resort at Ocean Isle Beach, LLC Wilmington, NC 28402 910.452.0001 (p) 910.452.0060(0 Location: Ocean Isle Beach, Brunswick County LMG#02-05-445 Date: revised 10/21/2005 Sheet ov Traverse Aloncl 404 Line Traverse Along 404 Line u R LINE BEARING D15TANCE LINE BEARING D15TANCEWIA 5 75°12'08"W 63.40' W19 5 46°43'47"W 13.57' W 113 5 73°08'00"W 36.84' W20 5 55*01'57"W 20.52' ,1 WIC 5 78°40'34"W 35.21' W21 5 64°5746"W 42.60' W2 5 84°03'27"W 33.87' W22 5 80°29'58"W 48.71' W3 5 72'30'19"W 41.77' W23 s 76°03'01"W 35.39' W4 5 86°24'18"W 34.10' W24 5 78°52'38'W 40.32' Traverse Alonzj Apprmirnate High Water Line W5 5 79°21'35"W 39.13' W25 N 77°47'30"W 34.38' UNE BEARING 143.97 E asp W6 5 66°18'14"W 27.85' W26 N 87°49'28"W 31.22' LI N 86'59'38'W ' l2 N 71'43'03'W ' W7 5 78°02'54"W 39.25' W27 5 75°45'14"W 22.67' L3 N 80.0305'WW8 5 85°04'20"W 36.47' W28 5 85°07'50"W 46.22' L4 N 68ros32-w 'L7 N 7G•1012•W2'W9 5 85°06'12"W 34.05' W29 N 77°54'03"W 35.90 l6 N 87•s014-WWI O 5 87°57'36"W 30.34' W30 N 78°59'17"W 42.2G' L7 s 86'4a42'wIB N 84.51.21'E3'WI 1 5 80°2O'18"W 33.92' W31 N 73*31'05"W 60.72' L9 5 68'09'58'W4'W12 5 81°38'50'W 31.60' W32 N 67°57'34'W 28.91' L10 587.0305'WT 11 1 5 74.2403-W 55.37 W13 5 75°31'05"W 27.68' W33 N 69°15'39"W 24.81' L12 N47-11'15'[ 105.54' OCT { �(� W 14 5 53°36'34'W 2 1.14' W34 5 86°59'10"W 41.1 P L 13 5 69.55'54-W 59.37 1 0M LI4 N80'13'49'E 94.25' W 1 5 5 69°43'18"W 36.95' W35 N 66°30'29"W 27.76' L15 5 83V7'38-W 1 15.31' WIG 5 57°3 I I O"W 36.30' W36 N 83*21'34"W 19.25' L 16 N L17 9 74-37-2.37'2 14 -[-W 7z.6T DIVISION OF 62.D2' W17 5 51*5914311 W 41.78'34' W37 s 58°41'34"W 10.82' L18 582'39'23-W 71.68' U4�ItY8] IAL MANAGEME W 18 5 54°59'43"W 21.34' LI9 5 73.46'41'W 1 O.4s' L20 N 73'46'41'[ 73.OT L21 N 70'5431•[ 27.)4' Th-9Undard 9ymbd,"I y be land n the dr--. CURVE I CHORD BEARING CHORD LENGTH ARC LENGTH RADIUS • Rebar Fw,d UN OM--14 V C I N 00.36'48•W 93.69' 95.03' 163.10 O Rebar Set C2 I N OO'04'46'E 26.50 128.44' 213.1 G' ill/. va VA lilt VA VA Jill. ya Mash Lne V12 `//' � 1*� L ��M�arsh�j'i�/G�h.0 Lro ya VIL VA � We F /-- ✓' � ��of channel Une � • S/�,/ CA *� / • Marsh LOiannel Lne � 5C- S►� Propoied D WiA ua we wis m Odell Wllhamson \3 ws • "g '\ DB 1 15.Page 17B M �Cha net Une aw15 i '� 'O W N 171.63' "•31 � W _ 9 Iron pe P 'Ur L6 l9 Li a� 12 13 14 a vrzt c wew tanrt5 0® N I T2132'W 59 �® � •4d45•W p0 2g 'a-L 55 5ubdiv151on 6233 O® ® ® ® 5 ap Cab.'Z",Pg. 149 1e Pipe Fd ❑ �� ( d ejt © f A'>3. a a� 1N\r °bic, W © � O,• Iron Pi Pd. 2jW © �� Pipe Fd. .O I'O6't 7 35 ��� H 73Uame9 Maskery 6 3 r+/ 2 3 1370.52 R635'63 4• 61 6 DB 54 1,Pa e 9u 405.49' R695.C3' Rebar ® - L=t'42•wcn-399.7e' -, �t '�=" �MC.'M',Pgg70: Iron Rpe Fd. 25 w j I I I S Q I B ® © ® Pe Fd -A 26 N O �� £ �D 97�.4045'w treet es N 6 5 5eGd nLp 20 w 2 �s 9 7 a D vp ® ® ® 16 17 18 1ronBPi Fe. Q � N72 \O 14 ock I2 .40a5'[SGtre'eP°MXte eJ I I 12 19 55en..R� bon" iz Iron ipe2Fd.�a 1 umm r Plac �� d -029 O 5eC0(\ W g65 p6� a17'p' �ge5' Iron Pipe Fd. 4 3 £ Ubdl IOn °n" d p5ed 572•A045 , Map Cab g. I48 30 U '\ Prop xwm. 7 6 9. 8 ro Pipe Fe. �5 ® R- F3d 1 J � � �� p•AO4 t'� � 4 9 X'/Y,iAYt 1092 3 � �'1 7 �6 5 k` 4 3 33 m ® v £ `Pk i o= • age F\r5t 5 2 55 W 55 55 ST Crouse 5ubdivi5ion 3D31 H 72"w p5 NCG5 MSonument'Petra"Ion Pipe rd. o Ppe Pd. Map Cab."Z,Pg. 147 "s 1� w N-49,692. "I9eZ3'r E- .ss7(7 3 5e.e6 [ l Beach V111a5 Condo Book I,Page 65-67 Yt�Wak Qe lrm"> "°d nw°e) VegeUtion uro plotted M1n,n raordinate9 •TYppi \i 0 /+a.rwwrm m Iron P, rr-W d by T-of Oce n 151e 3-h NCGS Mauxnrnt ww• 14 N-48,884.20G7 E-2,165.739.0970 CrOU5e Ubd1Vl5ion NAD 83 Map Cab.'Z",Pg. 147 -�3 Thl5 certlfle5 that this copy of thl5 plat identlfle5 a5 wetlands all areas of wetlands 1 a regulated pursuant to Section 404 of the Clean Water Act a5 determined by the undersigned on this date. Unle55 there 15 a change in the Law or Pub115hed Regulations,this determination may be relied upon for a period not to exceed five years from this date.This determination was ade utilizing the_I V57 Corps of Engineers Wetland Delineation Manual. C a ie orp5 prey n ive) -c). L)ate ®Noms 4 Ward Land 5-eyom,P.A.2004 1Lparun Survey For �z�~ NORRIS WARD The Resort At Ocean Isle Beach Land Surveyors, P.A. 5hdb6e Tae , Bro sari L-4y.N.C. e0 60 teve M.Noms,P.L.S. 1301 Thomasboro Road SW,Calabash,N.C.28467 240 Randy D.Ward,P.L.S. Phone:910-579-5808 Paa:910-579-5825 gUk r-m Avymt 16th,2005 k _ t_ems ,-• yi.F "^�",,�.>W T. •-..ram rt_..: _..,'.°€-.r .r s r ;ie'►. •rr `,,.•.;.�,.. - «. _ "..y;::,. .,r'.. - - -��r-- •a r.�: �-. r� t• ti y x ai i 3 - L`'• Y >'r+ 4,"..: .a Traverse Alanq 404 L,ne Traver5c Noriil 404 lure. Traverse Alonq AprrO,lmate M14h Water Uric ,na%rc oui% _•• - r,,,,f �r ---# - O[NU E LINE. BEARING 3ANCf IuMe BEARIMIG Williamre 5rx R^' �� 'WIA S 5.12'Oe'W 63.Ib W19 546'43'4TW 13.57' LI N 'W- '24.2C �� 11115 5 3 W Ac.ON' W20 536'01 rW 210.52' lZ N7V4 •W, 34.56 -- E_n ,�'`- V IC 5 7s4d 'W 3521, W21 5 G4S'r 'W 42.GO '.W. 43.9T W2 5a4 W 6T W? W 4e.71 , W3 5 7270' w 41.7T W2 5 7PD3 I•W 35.39 1,5 N 101 107.12' r= 4 062 W34.404 7e'S W .32' ..._+ LL N6 I♦W 67.47' -" 5 79'2 I S'w . 33 W23 N 7.479P W 34 3e' L7 5 66.1 4T W 96.08 W6 5wia14•W 2765' G Ne 4928' 3122' _ Le N64.5ITI•E 5e.23'- t W7 5 7e'd?'54'W 39.2e' W27 5 14'Yr 2 GT L9 5 68109S&w 24.74' a =_� w6 5 e5W201 W 36.47 wra 5&5k5150 W 4G-22' L O 5 e7*03'05'W 39.1 T -4. W9 5 05VC12'W 34.05' w29 N 77S403P 3e.90 t 1 1 5 7424-03•w 55 37 w i o 5 6r57w w W30 N 7eS9'170 W __ 42.2E u 2 N AIP 1 1.15'E 105.54' W 1 5 6P2 1 e W 3 W3 I N 73*3 1.OS'W 60.72 IJ 3 5 69155'S4'w 59 37' w! S e t• w 31.6d' w32 N 67'5T34•W 2e 91 - LI4 NBPI353-E 9425' �t W13 fr7 3r05•W 27-6e' W33 N 69.15'3 W 24.e1' - LI 5 5 63VT3&W 1 15.31' O ylll'{I1�Y,IyJ'. LEGEND W14 553.3e34•W 21 14' W35 Se6.59'10•W 2I.11• ll6 Ne,'s 1•S3'C 72.67' C W 1 5 5 69.43 1 e'W 3G.95' w35 N K'3029'w 27.76' u 7 5 74.3T2 r w 62 02 WIG 5 5T31'10'W 36.30 w36 N G3'21'34•W 19.26 L 16 5 62-39123'w- -�-7,6b These staMard syreols-11 w 17 5 51.305P W 4 1 7e' W37 55 e'41'34.!Wt 10.e2 u 9 5 73'46'4 r W 10 45' III,Imnd a tre dra." w 1(p 9 54.59'43-w 2 1 34 L20 N 73'46'4 1•E ?3 07 • Rebu Fond Uwess Other.,se Noted L21 N 7P5431'E 27 1 A' y C C T 2 1 2005 O Reba Set v C � N OP3G-4e'w CHORD93 LEN6)•i ARC 95 O3 NG7N D1 IRAU50 DIVISION OF --- NDD'044i E 12G',d 2e„ 213.16 COASTAL MANAGEMENT VL1 Vr1 V/1 1 ��\ V v« Vu V9 N�k: �w \` ].» \� `�[! J:.` -_ \ .: •'/ \ -,'- a .39 � � APPro.rv1..ow wafe.l.ne oy(r•Y/4/a/ J ( ����I�s�_/- /•. �d Z✓ VI/ •-,72 ��_ � Vil rowowmal..Low ware-L,.e Apa.'o•ma[e Lr>w rrat.r Lme _ ` / `H1 -eM Apprbw••atr Thrrad o1 Ctvrmrl n^!ke••^+atr.1-ew vale•Une --- �� /1 ,t-24e - A POfed Doct P•O 1 � ` awo,:m,ee rhre,e.1Channel %_z» / LI Ot1el1 W111.a•,SO, -bn APo~rowmat<w«war Lnc ? / 3 _ -w, w" _ DD 1 5.Page. 178 / N> N!T24'4717 •w ws7 63' l3 I` r77 \ n' Approam.ate Low«a ter Une \ V Iron.Pipe I'd. w„ I.C. 9 LI + + ram,` \ i4 1 I ) zs we wT c u3 ` 1 13 , •c.,, ®1 I f « Wet1,n bmds \ N 1r2132W [` / ;®, ) 1 l N _J L , I 1 1 I I 1 1 I I 1 1 1 1 I l `5 5ubdlvl5lon 62.73' \ l3"5.52r• �� r®r ®1 I®I 1®I 1®1 1®1 1®1 ` 1 "- e.t Ma Cab''T,P 1 49 \, w C' J 1 1 I I I I 1 1 1 ` 1 l 4tt, P g' on r: C_ `-J '- t L J 1__ 1 `1^p1 I©11 _ £ .r pr..d N2?• • _J L--J � __ �111('V' i Jrf,' r' 1 1 `C' 1 ` , `- UI 1.",�';fo 10n t \ 17 \ ' ` 1 j\ 5 69•P242' w z. . ` Jim- In33`' „ r'-�` , 1 I�`I 1 v731arnc5 Maskey V \ .��.......•••��� ` 12 1 1 13 co, 1370 52' R.635.63 f VOnS W r' 1 1 1 1�1 1 - 5,z z. DB 541.Pa a 443 L 405 49' R695 63' Rcbar Set r_-, - I®1 1 1 - ` r-_, 1 9 5 69.22'42' w 0-1w399 7B. r--, C M. OI r \ O 1 � 1 1®\ M •Pg 2 L_.=, f_-1 . , r--'I I�III `I r' 1 I ®1 `©`I `� I�ieFd " 1 -'l ` 1 1 1 1---\ t--1 f" 1 1 _JrL v ,-A I r 1 /// ` 25 / O 1 ��1 1 1 1 �1 I�1 \` J111` 18 ,` `4 \ \ \ 1 / 2G 1 10 1 ! `, \'--a -'.J 1-- i _, r' 1 1 1 N OI -_1 ` ` 7z•,0A5•ty� feet V' Ondlt , 20 "y g\ 19 \_-,� l Cib•►x'.27 `I``-'-� : 0_ 1 ® 1 r--1 r--1 `--`I11®, 1�7 1 1`- , ` c.� 1 17 1 �c'{ rp:ape Fo S Bloct t 2\ s"T w.,x;28 l e' f -� f� 1 1 1 1 Lam- g10 I4 ` \ \ _ _1 AA' ten t,j1 1 13 stlLtlo'`C� -•n.P:pe fd 3. V 1 \\ ` 1 4v� r 1 t�r.1 11 It®__J , 1 " AoA5 E 565 eet�X, f' ` 12 \.., \5ummar PldCf \ O 'O-1 V' `©J "1" rd �tf.6' 'P r ` 1 1 , ` p`y.t 5x c�i 1 1 3 1 1 \ I\ Vr�w.o29 �b� 1`_= G.eeo W 56S r, 1 1 \�71i t;y e5' 1Lror.M1oe fd 4 ` 1 }uhd J1'_71on -, N- f ` oGv �15,2.ACIA _, r��,l 1 4 ,1`I®t `I 1 Cf,s 1 .i '1" 1rc.,•1pe Fd ` \ 5 1 Map\Cab J,Pg-\I 48 \ '© -A Faro JV r I®1 1 _ , t� :SUViI ` 1 7 6 ` ` se' o,P.pe Fe r 1 eo"'" , r-'"'1 1 11`IQ`,11 _J ``-�' ` A's000 1 B 1 1 on ape rd 1®` 1 1 1 _� " rrn P. fd ) IOI ` .e•7 eez 4t7D 1 1 'rt,. 1 :1 � 5t ` a Gt1 Jc"sue t _ >'•1 1` 1 7 1 4 93 1, -' r �;8' 4 e'- 1 1 ° '7LGt G ('PjVt r''. ocl`` age ct _Jt \ \ \ \ 33 57 L Crouse 5ubdW151on S� \ 1 -', N,2'AdAS'1EiCG5 4onumer4'Pctry Iron P:x rd. Iron ripe I'30 d Ma Cab. "T,P 147 1 \ er1e.,w N-4 .192. %7r.aorIt P g E 3 6.nlC�n Beach Villas m \ \ Condo Book I, Page 65-67 16 %7Y s•t z7'z \ 1 \ �t 1r 4z .cui•`•,••1 \ V d"by Town of0-Ill.Bra �.,•+..ra s�".v«..o•a x arm ��.+.a�u...•er..y+ O• Iron P, U+s t1�w..tNgt w ue Ir«.W«w�te*rs N Mpvrlent'IDIu• 1 14 \ 15 \ _ tta' erte....,..w:�.,...r r.r.y•x I WI c"w!+�r�'+were N-4e.ee4.2067 E-2.165.739 0970 Cr0U5e AubdNlslon NAD 83 Map Cab.7".Pg. 147 1 v �a«• «ut \ \ c J r ®Norm t Ward Land 5urvey0ey..P.a 2004 t s2f*WS ` �� '*:--WARD N,a T Resort At Ocean !s!e Beach Land �tjrts; P.A. ~` tp - ,. L-299 Q: �- T,t, 1901 Tjeilil/eboroRsw-SNrt.aIYM>LS,, N.&�N67 �i,iyP,m �yf -° K, -- .. IG4.20L .- GENE OCT 2120M DIVISION OF COASTAL MANAGEM SCALE 1 " = 50' MLW approx. - 1 ' MSL h water Une - ,36 roximate Low X -2,86 Riparian Corridor Limits for all waterfront lots to be recorded by applicant Proposed Community Pier Old Sound Creek `� 6' wide, no dockage, no "t" pier to end at MLW e\ X —3,28 ad of hann 134 � r°X�mate Ohre Riparian Corrld r Imp Pp s p X -2,68 MHW -4,6 er Line A roxima Lt LOW w - X \ 3 W 5 W4 — 0. 9 40 Wetland Landward marsh Lim t 2 7 ' Coastal horeline EC limit �2 75 76 7 78 79 80 81 . 82 693 .5g1 83 0,40 15 w 84 5 7 0A0,A5„ `r d ve 5 re � N �z 6O'�b1�c � P Land Management Group, Inc. CAMA Major Permit Application, Environmental Consultants PROPOSED The Resort at Ocean Isle Beach P. O. Box 2522 WATER-DEPENDENT Applicant: The Resort at Ocean Isle Beach, LLC Wilmington, NC 28402 STRUCTURES 910.452.0001 (p) 910.452.0060(0 Community Pier Location: Ocean Isle Beach, Brunswick County LMG#02-05-445 Date: revised 10/12/2005 Sheet `7 of SYMBOL LEGEND DESCRIPTION SYMBOL E C E IVE To First Street EXTERIOR ELEVATION INTERIOR ELEVATIONS OCT 2 12005 ----------- ......... SECTION CUT R DIVISION OF GOLF CAR7 COASTAL MANAGEMENT PARKING ONLY PLAN DETAIL W.� KITC�IEN I—LI DOOR DESIGNATION (E�-26 DN ROOM DESIGNATION cI - WINDOW DESIGNATION 120'SETBACK J1--1 2 X 8 LOAD 0-FARNG MEN 2 X 6 WAD D"IW- r 2 X 4 LOAD BLARING CV tlNTMT Ce) JAN '-f OUNDATION PILI LI Gs THE RESORT :OR BUILDING AB DVE, CLUBHOUSE AS SHOWN TO LET *4* @ OCEAN ISLE BEACH STOR FIRST STREET OCEAN ISLE BEACH.N.C. 42' 0 Z G, PROPOSED POOL FIRST FLOOR Lu P Decki ig will be wood, SCALE 114' 1'-0' Z with cDncrete where require ................. 2 by local health department 0 or bui ding inspector. approx. 28' above ground W 40' SMACK C1 U) DECKING seaward of 60'setback not to exceed 500 sq.ft. .. ......... ........... .... LU 790 SUNSET < BLVD. N. V GROUND FLOOR SUITE 105 NMI SCALE 1/8' 1'-0' L) SUNSET BEACH < 7 LANDWARD TOE OF DUNE- NORTH CAROLNA Elevated on pilings LIJ ED 28468 - 61133 0 910-579-W4 -_RM approx. 8' above ground III, �e ig 10-575-9005 FAX 0 FRONT ELEVATION SCALE REDUCED TO architects 0 ctmc.n-t SCALE 114' - 1'-0' 1)) = 20' DATE 56-TDW 15,2005 SCALE REDUCED TO 0`,Entire lot is within VE zone U-1 PMECr NO,25n ! 1" 10' SITE PLAN & FLOOR PLANS NOTE: There is an existing house on this SHEET NUMBER' OF oceanfront lot where the new building is proposed. FIRST LINE OF VEGETATION The lower most structural elements of the new To Atlantr' Ocean building will be situated at least 2' above flood Z "rmim,I kdN1"c� 0 zone and above any existing dune. Walkway and stairs to end at first line of vegetation. CAMA Major Permit Application Land Management Group, Inc. The Resort at ocean isle Beach Environmental Consultants PROPOSED OCEANFRONT P.O. Box 2522 Resort at ocean isle Beach LLC Wilmington, NC 28402 DEVELOPMENT Applicant: The 910-452-0001 Pool House and Pool Location: Old Sound Creek/Atlantic ocean Brunswick county LMG#02-05-445 Date: 10/10/2005 Sheet it Of owl", rs4 pim, , CAMA Major Permit Application, Land Management Group, Inc. The ResortOcean Environmental Consultants ROAD AND STORMWATER Beach, LLC, P. 0. Box 2522 Applicant- The Resort at Ocean Isle Wilmington, 84/ - County • I III • • I II•I • - • • cean• • ,.