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42-05 Tidal Ventures, LLC
Permit Class Permit Number NEW (Express Permit Program) 42-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Permt"t for Morehead Git jor Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Tidal Ventures, LLC c/o Sammy Varnum, Riverside Drive, Sunset Beach, NC 28468 Authorizing development in Brunswick County, adjacent to an unnamed canal & Jink's Creek at the eastern end of Riverside Drive, as requested in the permittee's application dated 1/06/05 (MP-1) & 11/29/04 (MP-2 &MP-3) inc attached drawings (4) 2,3 & 5 of 6 rev. 10/27/04, 3 of 6 rev. 11/5/04 COE. wetlands delineation map did 9/17/04&AEC Hazard Notice did 2/01/05 This permit, issued on March 31, 2005 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Upland Development 1) This permit authorizes only the land disturbing activities associated with establishment of the Riverside Drive subdivision, to include the construction of an access road and associated grading, bulkhead and utilit,ies installation, all as expressly and specifically set forth in the permit application and depicted on the attached workplan drawings. Any additional land disturbing activities and/or construction, including but not limited to single family home 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) 395-3900 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. (See Attached Sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered harles . Jones, Director hereunder requires further Division approval. lsion of Coastal Management All work must cease when the permit expires on December 31, 2008 This pe t and its coLions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Signature of Permittee Management Program. D'C'<6,09-0OYZe W.4K[W++.'.ti�pyq.ppgpy{.k-0iK'�:4}J9aW'M'4�+K-0S^WW+%-Xb4gti-i+9'hi-0'6+'rtPCJ9'X?-0K-0 WiS9{�y::.+ail-:-+¢X-040+'Kti9J•:{JY.Jr?-:?C-i. � T i dalntures, LLC Permit # 42-05 Riverside Drive Page 2 of 4 ADDITIONAL CONDITIONS A Stormwater Management 2) The Division of Water Quality's approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SW8040740, Y which was issued on 2/10/05 Any violation of the permit approved by the DWQ shall be considered a 1 violation of this CAMA permit. Sedimentation and Erosion Control 3) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 4) Appropriate sedimentation and erosion control devices, measures or structures (e.g. silt fence, diversion swales or berms, etc.) shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and/or properties. NOTE: The permittee has received a Sedimentation and Erosion Control Plan for the Riverside Drive Subdivision from the NC Division of Land Resources (Project No. Bruns-2005-160). 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. Shoreline Stabilization 5) The alignment of the permitted bulkhead shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction 6) The bulkhead shall be constructed landward of all vegetated wetlands. 7) The bulkhead shall be constructed prior to any backfilling activities. 8) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 9) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the retaining wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 10) The fill material will be clean and free of any pollutants except in trace quantities. FTidal Ventures, LLC Permit # 42-05 s Riverside Drive Page 3 of 4 a ADDITIONAL CONDITIONS 11) All backfill material will be obtained from a high ground source and confined behind the permitted retaining wall. 12) No backfill material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. General 13) This permit does not authorize the excavation or filling of any wetlands or open water areas, even temporarily. Y 14) The permittee shall contact the Department of Transportation to determine if a permit is required for driveway connection to N. Shore Drive. I 15) If a court of competent jurisdiction determines that a party other than the permittee has legal title to any part of the area approved for development under this permit, this permit shall be null and void as to the area the court determines is not owned by the permittee. This condition shall take effect on the date such court judgment becomes final. In such event, the permittee shall consult DCM prior to initiating or continuing any further development under this permit. 16) In accordance with T15A:07H.0306(1), the authorized structures within the Ocean Hazard AEC shall be Q relocated or dismantled when they become imminently threatened by changes in shoreline configuration. The structures shall be relocated or dismantled within two years of the time when it becomes imminently threatened, and in any case upon their collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes place within two years of the time the structures become imminently threatened, so that the structures are no longer imminently threatened, then they 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 Rule T15A:07H.0308(a)(2). NOTE: 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. The applicant should be aware of the requirement for CAMA Minor Permits from the Town of Sunset Beach, for subsequent development of individual lots within the 75' Estuarine Shoreline AEC. To obtain any minor permits please contact Jeff Curtis, with the Town of Sunset Beach, at 220 Shoreline Drive West, Sunset Beach, NC 28459. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: This permit does not convey any rights or privileges, either in real estate or material. NOTE: The permittee 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. Tidal Ventures, LLC Permit # 42-05 Riverside Drive Page 4 of 4 ADDITIONAL CONDITIONS NOTE: The building code or flood damage prevention ordinance may impose additional more restrictive requirements than the Division's standards for development in areas of environmental concern (AECs). 3 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Tidal Ventures, LLC c/o Sammy Varnum for Riverside Drive 2. LOCATION OF PROJECT SITE: Riverside Drive adjacent to an unnamed canal and Jinks Creek, in Sunset Beach, Brunswick Co. Photo Index - 2000: 1-5 J, K, L 8-19 1995: 1-5 K, L 12-23 1989: 4-193-8 K,L 8-19 State Plane Coordinates- X: 2150716 Y: 45133 Rover File: S-020117A 3. INVESTIGATION TYPE: CAMA tom, 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 02/01/05 Was Applicant Present - No ; 5. PROCESSING PROCEDURE: Application Received - Completed 02/02/05 0R Office -Wilmington 6. SITE DESCRIPTION: MorV41 Zoos (A) Local Land Use Plan - Town of Sunset Beach � Land Classification From LUP- Developed/Vacant OG1 (B) AEC(s) Involved: ES M (C) Water Dependent: No (D) Intended Use: Residential Subdivision (E) Wastewater Treatment: Existing - None Planned - Individual Septic Systems (F) Type of Structures: Existing - None Planned - Road Extension, Utilities and Bulkhead (G) Estimated Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED HER (A) Vegetated Wetlands Coastal (B) Non-Vegetated Wetlands (C) Other Graded 10.0 Acres Highground - (Bulkhead Construction (435,600 sq. ft.) and Lot Preparation) (D) Total Area Disturbed: 435,600 sq. ft. or 10.0 Acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: Man-made canal (no) Jinks Creek (yes) 8. PROJECT SUMMARY: The applicant is proposing the construction of an access road, utilities and bulkhead. Tidal Ventures, LLC c/o Sammy Varnum Page Two 9. PROJECT DESCRIPTION Sammy Varnum,representing Tidal Ventures,LLC,has requested that the attached application be processed under the Express Permit Review Program. The applicant's property is located at the northeast end of Sunset Beach in Brunswick County. The property is located along Riverside Drive off of 6'Street and North Shore Drive East. Directions from the Sunset Beach bridge are as follows: turn left immediately after crossing the bridge and causeway onto Northshore Drive East; follow Northshore Drive East to 6th Street; turn left onto Riverside Drive at the corner of 6'Street and North Shore Drive East. The tract is a peninsula of land bordered by the waters of Jinks Creek to the east, an embayment off Jinks Creek to the south, and a man-made canal to the north. Jinks Creek functions as the main hydrological connector for Tubbs Inlet and the Atlantic Intracoastal Waterway. The tract is 38.7 acres in size and is vegetated with typical maritime shrub thicket vegetation along the man-made canal, consisting of Wax Myrtle (Merica cerifera), Yaupon (Ilex vomitoria), Red Cedar (Juniperus virginiana), and Catbriar (Smilax spp.). The remainder of the high ground is vegetated with typical maritime grassland species consisting of Salt Meadow Hay(Spartina patens), Grounsel-bush(Baccharus halimifolia)and Cactus. An on-site investigation revealed that the entire tract has been mowed. The average elevation of the tract ranges from 0-6 feet above mean sea level. The property has approximately 7,500 linear feet of shoreline along the three water bodies. The majority of this shoreline is bordered by thin strands of"404 type" and coastal wetland vegetation, with the exception being the broad area of coastal wetlands located to the north of the property along lots 27-94. The wetland in this area consist primarily of Smooth Cord Grass (Spartina alterniflora), intermixed with Salt Meadow.Hay, Glasswort (Salicornia spp.), Sea Lavender (Limonium spp.). Along the southern side of the property, a finger of"404 type" and coastal marsh extends into the property along lots 27-94. This area measures approximately 5-25 feet in width. This wetland area is vegetated primarily with Salt Meadow Hay, Glasswort (Salicornia spp.), Sea Lavender (Limonium spp.), and sparse Smooth Cord Grass (Spartina alterniflora). Both Coastal and Section 404 Wetlands have been delineated and are indicated separately on the attached plans(sheets C1 and C2). The "404 type" wetland survey was approved by the US Army Corps of Engineers on June 6, 2004. There are currently no existing structures on the property. The waters of Jinks Creek are classified as SA HQW by the North Carolina Division of Water Quality and are open to the harvest of shellfish. The man-made canal on the south side of the property is closed to shellfishing. Although the majority of the project site is located outside of the Inlet Hazard Area of Tubbs Inlet (as designated by the North Carolina Coastal Resources Commission), there is a section between lots 90-94 the is located within the Inlet Hazard. PROPOSED PROJECT The applicant is proposing to develop the property into a 68-lot subdivision. Development would include the initial grading and filling of approximately 10 acres to allow for proper drainage, road construction and utilities installation. Individual lot sizes will range from 4,951 sq. ft. to 9,034 sq. ft., averaging approximately 6,756 sq. ft., at a density of 1.78 units/acre. Access to the lots will be provided by the extension of Riverside Drive approximately 3,750 feet to the east, terminating along the western side of lot 94. The access way would consist of an 18 foot right-of-way and a 12 foot gravel road. Sewage disposal for the lots will be by on-site septic systems. Water would be provided by the Town of Sunset Beach public water system. The applicant is also proposing to stabilize the entire shoreline(approximately 7,542 linear feet)of the property with a vinyl bulkhead. The bulkhead would be positioned landward of all coastal and "404 type" wetlands. Certain sections of the bulkhead, where no wetlands are present, would be located at the intersection of Normal High Water (NNW) and high ground and the remaining sections would be located above the NHW line. Tidal Ventures, LLC c/o Sammy Varnum Page Two 10. ANTICIPATED IMPACTS: The initial grading of the property and bulkhead construction would result in the disturbance of approximately'10.0 acres of highground. The proposed roadway extension would result in the creation of approximately 44,400 square feet of impervious surface. Several sections of the roadway (approximately 4,010 sq. ft.), would be located within the 75' Estuarine Shoreline AEC, beginning at lot 76 and running east towards lot 94. The applicant has not received a State Stormwater Permit from the Division of Water Quality. 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 Sunset Beach, if located within a CAMA AEC. Submitted by: Jason Dail Date: February 7, 2005 Office: Wilmington Recommendations for State Permit - Tidal Ventures, LLC c/o Sammy Varnum Based on the information provided by the applicant as part of the permit application, it is recommended that the permit contain the following conditions: • The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management (DCM)within a maximum of thirty(30)days prior to the start of construction. Failure to initiate construction within thirty(30)days, or erosion of the shoreline by adverse weather conditions,will require the alignment to be re-staked by DCM within a maximum of thirty(30)days prior to the new expected start of construction. • The bulkhead must be constructed prior to any backfilling activities. • The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. • The bulkhead must be solid and constructed of treated wood, concrete slabs,metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted, except for that which may be required for the construction of the bulkhead wall, riprap,deadmen cables,etc. This permit does not authorize any excavation waterward of the approved alignment. 0 The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials,or unsightly debris will not be used. • All backfill material will be obtained from a highground source and confined behind the permitted bulkhead. 0 No marsh grass will be excavated and/or filled. • The temporary placement or double-handling of excavated or fill materials within waters or vegetated wetlands is not authorized. • No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the workplat(s). 0 In order to protect water quality,runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. • The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 25 NTU=s or less in all saltwater classes are not considered significant. * Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). * A ground cover sufficient to restrain erosion shall be provided within the shorter of 15 working or 30 calendar days of completion of any phase of grading on cut or filled slopes. rE: The permittee is advised to contact the local health department regarding requirements for septic tank installations (as required under 15A NCAC 18A.1900 et. seq.). For information concerning septic tank and other on-site waste disposal methods, contact the Brunswick County Health Department. rE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. rE: Future development of the permittees property may require a modification of this permit. Contact a representative of the Division at(910)395-3900 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. TE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. Form DCM-MP-1 D � A 1 �2005 APPLICAT N OF (To be completed by all applicants) J A� M O AGE PP ) MENT Sunset Beach 1. APPLICANT c. Street address or secondary road number. Riverside Drive a. Landowner: d. Is proposed work within city limits or planning Name Tidal Ventures, LLC c/o Samuel Varnam jurisdiction? X Yes No Address 1350 Hickman Road NW e. Name of body of water nearest project (e.g. river, creek, sound, bay) Tubbs Inlet City Calabash State NC Zip 28467 Day Phone 910-443-4245 3• DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Fax 910-755-6871 a. List all development activities you propose (e.g. b. Authorized Agent: building a home,motel, marina, bulkhead,pier, and excavation and/or filling activities.) Name East Coast Engineering Company P.A. The construction of a bulkhead. Address Post Office Box 2469 Private road&water line to serve residential subdivision b. Is the proposed activity maintenance of an existing City _Shallotte State NC project,new work, or both? New work Zip 28459 Day Phone (910) 754-8029 c. Will the project be for public,private or commercial use? Private Fax (910) 754-8049 d. Give a brief description of purpose,use,methods of construction and daily operations of proposed c. Project name(if any) Riverside Drive project. If more space is needed, please attach additional pages. The proposed development is to serve a residential NOTE: Permit tiviCC6e issued in name of subdivision,standard construction will be used. iandowner(s), and/or project name. 4. LAND AND WATER CHARACTERISTICS 2. LOCATION OF PROPOSED PROJECT a. Size of entire tract 38.7 acres b. Size of individual lot(s) Average 6405 SF a. County Brunswick c. Approximate elevation of tract above MH-V or b. City, town, community or landmark NWL Ranue 0' MSL— 6' MSL Revised 03/95 Form DCM-MP-1 d ECEIVE JAN 2 l 200 Water will be ed b the Town of Sunset h. d. Soil type(s)and texture(s)of tract yd Fine Sand, dredge spoil. 5. ADDITIONAL IN E N T e. Vegetation on tract Coastal marsh,residential grass In addition to the completed application form, the following items must be submitted: f. Man-made features now on tract A copy of the deed (with state application only) or Dirt road other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then g. What is the CAMA Land Use Plan land forward a copy of the deed or other instrument under classification of the site? (Consult the local land use plan.) which the owner claims title,plus written permission from the owner to carry out the project. Conservation Transitional An accurate, dated work plat (including plan view Developed Community and cross-sectional drawings)drawn to scale in black Rural Other ink on an 8'/2"by 11"white paper. (Refer to Coastal Resources Commission Rule 710203 for a detailed h. How is the tract zoned by local government? description.) BR2—Beach Residential Please note that original drawings are preferred and only i.Is the proposed project consistent with the applicable high quality copies will be accepted. Blue-line prints or zoning? Yes -- No other larger plats are acceptable only if an adequate (Attach zoning compliance certificate,if applicable) number of quality copies are provided by applicant. j. Has a professional archaeological assessment been (Contact the U.S. Army Corps of Engineers regarding done for the tract? Yes —X— No that agency's use of larger drawings.) A site or location If yes,by whom? N/A map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar k. Is the project located in a National Registered with the area to the site. Include highway or secondary Historic District or does it involve a National road(SR)numbers, landmarks, and the like. Register listed or eligible property? A Stormwater Certification, if one is necessary. Yes X No Storm water permit pending 1. Are there wetlands on the site? _X_Yes No A list of the names and complete addresses of the Coastal(marsh) X Other adjacent waterfront(riparian)landowners and signed If yes,has a delineation been conducted? YES return receipts as proof that such owners have (Attach documentation,if available) received a copy of the application and plats by certified mail. Such landowners must be advised that m. Describe existing wastewater treatment facilities. they have 30 days in which to submit comments on None existing County-approved individual on: the proposed project to the Division of Coastal site wastewater systems will be used for future Management. Upon signing this form,the applicant homes. further certifies that such notice has been provided. Name Albert Webster Beck n. Describe location and type of discharges to waters Address 51 O'Donald Road Ashville NC 28806 of the state. (For example,surface runoff, sanitary Phone wastewater, industrial/commercial effluent, "wash down"and residential discharges.) Name _Coastal Cottages Surface runoff will sheet flow across property as Address PO Box 7270,South Bnmswick,NC 28470 approved by State Storm water permit . Phone A list of previous state or federal permits issued for o. Describe existing drinking water supply source. work on the project tract. Include permit numbers, Form DCM-MP-1 permittee, and issuing dates. X DCM MP-2 Excavation and Fill Information X _ DCM MP-3 Upland Development DCM MP-4 Structures Information • A check for$400 made payable to the Department of DCM MP-5 Bridges and Culverts Environment and Natural Resources(DENR)to cover DCM MP-6 Marina Development the costs of processing the application. NOTE:Please sign and date each attachment in the A signed AEC hazard notice for project in oceanfront space provided at the bottom of each form. and inlet areas. A statement of compliance with the N.C. Environmental Policy Act(N.C.G.S. 113A-1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement D documenting compliance with the North Carolina VE Environmental Policy Act. JAN 2 l 2005 DIVISION OF 6. CERTIFICATION AND PERMISSION COASTAL MANAGEMENT TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge,the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the-.6L_day of January 2005 Print Name Chris Russell,Aul4orized ggrht Signatur Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. Form DCM-MP-2 R JAN 2 7 2005 EXCAVATION DIVISION OF AND . FILL COASTAL MANAGEMENT (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint 1, EXCAVATION Application that relate to this proposed project. a. Amount of material to be excavated from Describe below the purpose of proposed below MHW or NWL in cubic yards N/A excavation or fill activities. All values to be b. Type of material to be excavated N/A given in feet. c_ Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation Average Final (SAVs) or other wetlands? Yes X No Existing Project Length Width Depth Depth d. Highground excavation in cubic yards N/A . Access channel N/A 2. DISPOSAL OF EXCAVATED (MLW) or MATERIAL (NW-) a. Location of disposal area, N/A Canal N/A b. Dimensions of disposal area N/A c. Do you claim title to disposal area? N/A N/A _Yes No Boat If no, attach a letter granting permission from Basin the owner. N/A d. Will a disposal area be available for future Boat Ramp maintenance? Yes No If yes,where? N/A N/A Rock e. Does the disposal area include any coastal Groin wetlands (marsh), SAVs or other wetlands? . ,. N/A Yes No N/A Rock f. Does the disposal include any area in the Breakwater water? Yes No N/A Other (Excluding NSA shoreline stabiliz- ation) 3. SHORELIlVE STABILIZATION sedimentation. a. Type of shoreline stabilization b. What type of construction equipment will be used (for example, dragline, backhoe, or X Bulkhead Riprap hydraulic dredge)? Backhoe b. Length 7542 LF c. Will wetlands be crossed in transporting C. Average distance waterward of MHW or equipment to project site? Yes X No NWL At or above MHW If yes, explain steps that will be taken to lessen environmental impacts.N/A d. Maximum distance waterward of MHW or NWL Bulkhead proposed above MHW Riverside Drive Applicant or Project Name e. Shoreline erosion during preceding 12 months N/A f. Type of bulkhead or riprap material Signatures: vinyl g. Amount of fill in cubic yards to be placed below water level N/A /f/2_ (1)Riprap (2)Bulkhead backfill Date h. Type of fill material Sand i. Source of fill material Contractor supplied . 4. OTHER FILL ACTIVITIES (Excludine Shoreline Stabilization) a. Will fill material be brought to site? Yes X No If yes, VE j4J (1) Amount of material to be placed in the water N/A JAN 2 7 2005 (2) Dimensions of fill area N/A (3) Purpose of fill NIA DIVISioN OF b. . Will fill material be placed in coastal COASTAL MANAGEMENT wetlands (marsh), SAVs or other wetlands?N/A _Yes No If yes, (1)Dimensions of fill area N/A (2)Purpose of fill N/A 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? The proposed bulkhead will serve as the sediment control barrier to prevent offsite Revised 03/95 Form DCM-MP-3 AN 2 7 2005 UPLAND DIVISION OF COASTAL MANAGEMENT DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Environmental Management for review? Major Permit, For DCM-MP-l. Be sure to X Yes No complete all other sections of the Joint Application If yes, date submitted that relate to this proposed project. Submitted concurrent with this application . a. Type and number of buildings, facilities, units i. Describe proposed method of sewage disposal. or structures proposed On site septic system as approved by the 7542 LF of bulkhead and the installation of a Brunswick County Health Department. waterline to serve 68 private road residential lots. j. Have the facilities described in Item I. above b. Number of lots or parcels 68 received state or local approval? Permits Pendine c. Density (give the number of residential units (Attach approp riate documentation) and the units per acre) 68 units, 1.78 units/acre. k. Describe location and type of proposed discharged to waters of the state (for example, d. Size of area to be graded, filled or disturbed surface runoff, sanitary wastewater, including roads, ditches,etc. Approximately 10.0 industrial/commercial effluent, "wash down"and acres of disturbance residential discharges). Surface runoff will sheet flow across property as e. If the proposed project will disturb more than approved by State Stormwater permit one acre of land, the Division of Land Resources must receive an erosion and sedimentation control 1. Describe proposed drinking water supply source plan at least 30 days before land disturbing activity (e.g. well, community, public system, etc.) begins. If applicable, has a sedimentation and Town of Sunset Beach Water System erosion controf plan been submitted to the Division of Land Resources? X Yes No in. Will water be impounded?_Yes X No If yes, date submitted: Submitted concurrent with If yes, how many this application. acres? N/A f. List the materials (such as marl, paver stone, n. If the project is an oceanfront development, asphalt, or concrete)to be used for paved surfaces. when was the lot(s)platted and recorded? N/A Marl Surface. Riverside Drive g. Give the percentage of the tract within 75 feet Applicant oy7 rod ;ame_ of MRW or NWL,or within 575 feet in the case of - an Outstanding Resource Water,to be covered by Signature ; impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for �'— vehicular driveways or parking.0.7 3% Date h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Revised 03/95 East Coast Engineering Company, P.A. 4918 Main Street Fax: 910.754.8049 Consulting Engineers Post Office Box 2469 Office: 910.754.8029 SWOtte,NC 28459 PROTECT NARRATIVE Tidal Ventures is proposing to develop property located on the east end of Sunset Beach. The property consists of 38-acres upland of mean high water with 10-acres of that landward of coastal vegetation. The property is currently an undeveloped beach tract, consisting mostly of beach vegetation. The development includes the construction of a road,a bulkhead and the installation of water to serve 69 existing platted lots. The total area of disturbance for the project is approximately 10 acres. The property will be less than twenty-five (25) percent impervious and the stormwater from these impervious areas will sheet flow off the property. Water will be provided by the Town of Sunset Beach and sewer will be provided by on-site septic systems. �lV�S�UNAGENiENT C0�S�AL M� Agent Authorization I, Mr. Sammy Varnam, Owner, Tidal Ventures, LLC, authorize East Coast Engineering Company, PA of Shallotte, North Carolina to act as agent to obtain a Major CAMA Permit and an other State or Local Permits for. SIGNATURE DATE I, /nn1n�.��• r �.1�� a Notary Public for the County of the State of North Carolina, hereby certify that —mo q appeared personally before me this day and being duly sworn acknowledge that the above statement was executed by him. Witness by hand and notary seal, this _day of k—\eR.S - ,2004. SIGNATURE �IAPr V - e g R rap My Commission Expires: 'j i r It111�11 ID���4IC1t�� co�s�r�� P-1 I DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Tidal Ventures, LLC c/o Sammy Varnum for Riverside Drive County: Brunswick LOCATION OF PROJECT: Riverside Drive adjacent to an unnamed canal and Jinks Creek, in Sunset Beach. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 02-01-05 FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes 11 FIELD REPRESENTATIVE: Jason Dail DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: Q 2 FEE REC'D:$ ,LS60- % PUBLIC NOTICE REC'D: p L//7/a6 END OF NOTICE DATE: 0316el6 5 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: 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) O�QF WA MichaelMichael F. Easley, Governor G William G. Ross, Jr., Secretary co r- North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality October 14, 2005 CERTIFIED MAIL#7005 0390 0001 3200 6899 RETURN RECEIPT REQUESTED Edward M. Gore, Sr, President Sunset Beach & Twin Lakes Inc. 435 W. Shoreline Drive Sunset Beach, NC 28468 Subject: Request for Stormwater Management Permit Application East End Property Subdivision -Tidal Ventures, LLC Stormwater Project No. SW8 050854 Brunswick County Dear Mr. Gore: On August 22, 2005, the Wilmington Regional Office received a copy of a letter from Jim Gregson with the Division of Coastal Management regarding the proposed modification of a CAMA Minor permit issued for the development of a 10 lot subdivision called East End Property, for Tidal Ventures, LLC. The letter indicates that the proposed modification from individual 2" water service lines to a single 6" water service line to allow the installation of fire hydrants required by the Town of Sunset Beach, will require that the project obtain a CAMA Major development permit. The North Carolina Administrative Code requires any project that must receive either Sedimentation and Erosion Control Plan approval and/or a CAMA Major permit to apply for and receive a Stormwater Management Permit by the Division of Water Quality. Any construction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 2H.1000 and may result in appropriate enforcement action by this Office. Either a Stormwater Permit Application Package including 2 sets of plans, completed application form, fee, and supporting documentation, or a written response regarding the status of this project and the expected submittal date must be received in this Office no later than November 14, 2005. Failure to respond to this request may result in the initiation of enforcement action, and construction may experience a subsequent delay. The NPDES 010000 Federal Stormwater Permit that accompanies the Erosion Control Plan approval letter must NOT be considered the Coastal Stormwater Management Permit, which will be signed by the Water Quality Supervisor. Please reference the Project Number above on all correspondence. If you have any questions, please call me at (910)-796-7404. Sincerely, Linda Lewis Environmental Engineer II ENB/arl: S:\WQS\STORMWAT\STORMSUB\050854.oct05 cc: Linda Fluegel, Town of Sunset Beach Building Inspections Davis Fennell, PE, Cape Fear Engineering Jim Gregson, DCM Doug Huggett, DCM Wilmington Regional Office File Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)796-7215 Customer Servicel-877-623-6748 Wilmington Regional Office Wilmington,NC 28405-3845 FAX (910)350-2004 Internet: h2o.enr.state.nc.us One NorthCarolina An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Natarallry MEMO To: Jason Dail From: Mike Christenbury Subject: Consistency Determination, Major Permit Application, Tidal Ventures, LLC, Sunset Beach, Brunswick County Date: March 17, 2005 The applicant proposes to construct a n access road, utilities and a bulkhead. The project site is located along Riverside Drive adjacent to an unnamed canal and Jinks Creek in Sunset Beach, Brunswick County. Areas of Environmental Concern(AEC's) impacted by the proposal is Estuarine Shoreline. The Waters at the project site are classified as SA are open to the harvesting of shellfish within Jinks Creek but closed within the unnamed canal. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Sunset Beach Land Use Plan and offer the following comments. The general area of the project is classified Developed/vacant, while the AECs impacted by the work are classified as Conservation. In general,the Town of Sunset Beach allows development in Conservation classified AECs which is consistent with the State's minimum use standards. The Town of Sunset Beach Land Use Plan contains some policies which exceed the State's minimum use standards. However,none of these standards appear to be applicable to this proposal. Provided all local, state and federal requirements can be met, this project appears to be consistent with the Town of Sunset Beach Land Use Plan. Cc: File x AL u K-1 North Carolina Wildlife Resources Commission i:-�] Richard B. Hamilton, Executive Director MEMORANDUM TO: Jason Dail Division of Coastal Management FROM: Bennett Wynne Ad Habitat Conservation Program DATE: March 15, 2005 SUBJECT: Express CAMA/Dredge &Fill Permit Application for Tidal Ventures, LLC c/o Sammy Varnum for Riverside Drive, adjacent to unnamed canal and Jinks Creek, Sunset Beach, Brunswick County, North Carolina. The North Carolina Wildlife Resources Commission has reviewed the project for impacts to wildlife and fishery resources. We regret that time constraints delayed our response. A site visit was made on March 10, 2005. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Coastal Area Management Act(G.S. 113A-100 through 113A-128). The applicant proposes to develop a long, narrow peninsula of high ground produced by construction of the adjacent canal into a 68 lot subdivision with access road, utilities, and bulkhead. Wastewater would be treated by onsite septic systems. Bulkhead would be located landward of wetlands. A wide expanse of high quality coastal wetlands and some 404 wetlands occur on the north side of the property along the proposed access road alignment. These wetlands provide excellent habitat for raccoon, wading birds, waterfowl, diamondback terrapin, juvenile fishes, and estuarine invertebrates. The waters of Jinks Creek are classified SA-High Quality Waters and open to shellfish harvest. Our interpretation of the workplat provided is that the access road will directly impact wetlands along most of its length and for those areas where direct impacts don't occur, a 30 ft. estuarine buffer may not be provided. The installation and subsequent use of 68 septic systems in Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 • Fax: (919)715-7643 Tidal Ventures Subdivision 2 03/15/05 a narrow peninsular landscape may eventually cause a shellfish closure, particularly if the lots closest to Jinks Creek are developed. The threat to shellfishing would also be heightened by introduction of a large impervious surface component, 44,000 sq. ft. of which would entail access road construction alone. Based on these concerns, we recommend the following conditions to permit issuance. 1. The access road will be relocated to avoid wetland impacts and provide a minimum 30 ft. estuarine buffer. 2. No septic systems will be located nearer to Jinks Creek than Lot 91. 3. Pervious materials will be used for access road and driveway construction. Thank you for the opportunity to comment on this application. If you have questions regarding these comments, please call me at (252) 522-9736. I� 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 Express Permit February 8, 2005 MEMORANDUM: TO: Fritz Rohde For Preston P. Pate, Jr., Director Division of Marine Fisheries FROM: Jason Dail 'Tq T Express Permit Coordinator SUBJECT: CAMA Permit Application Review Applicant: Tidal Ventures, LLC c/o Sammy Varnum for Riverside Drive Project Location: Riverside Drive adjacent to an unnamed canal and Jinks Creek, in Sunset Beach, Brunswick County. Proposed Project: The Applicant proposes to develop the property into a 68-lot subdivision,construct an access road, utilities and bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 2005. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: � This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated, See attached. This agency objects to the project for reasons described in the attached comments. SIGNED A DATE Za S 127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 91 0-350-2004 1 Internet: www.nccoastalmanagement.net An Equal Opportunity l Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 1tF1P_SS PERMITTING plicatio is being processed through the DENR Express Permitting Program. As such no� � to the Wilmington Regional Office by the listed due-date will b , comment.':The Express Permitting Program does not allow for extensions _ c°??imentPen6d p g North l,arunrrirvep«iu��ci�� ui LIivnurnneiij aD waiuiat rNcwu��c� Division of Coastal Management Michael F. Easley,Governor Charles S.Jones, Director William G. Ross Jr.,Secretary Express Permit February 8, 2005 MEMORANDUM: TO: Bennett Wynne NC Wildlife Resources Commission FROM: Jason Dail Express Permit Coordinator SUBJECT: CAMA Permit Application Review Applicant: Tidal Ventures, LLC c/o Sammy Varnum for Riverside Drive Project Location: Riverside Drive adjacent to an unnamed canal and Jinks Creek, in Sunset Beach, Brunswick County. Proposed Project: The Applicant proposes to develop the property into a 68-lot subdivision,construct an access road, utilities and bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 2005. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. his agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: w+nrvv.nccoastalmanagement net 03/15/2005 11: 11 2525229736 B WYNNE PAGE 02 'yhk�(TT"w'11 •S.. rr Vw tik y. 7cat�, S`'b 9prnL`�'�$e ,,.through the DENR Express,,Permlttll�tgwpl i •� "; y r7:. ter' Ass g Wilrru0 6n Regional Oi• i b A seed,due�mig # he Ex e�11 :; Pam, K�initting Program dt7' 4 `dt ow fo„• Y z extensions No h l,dr v�rtl )VI It ur Cllvilullllie IT N a n000LA1tC0 Division of Coastal Management Michael F. Easley, Govemor Charles S. Jones, Director Wi iam G.Ross Jr., Secretary Express Permit February 8, 2005 MEMORANDUM: TO: Bennett Wynne NC Wildlife Resources Commission FROM: Jason Dail Express Permit Coordinator SUBJECT: CAMA Permit Application Review Applicant: Tidal Ventures, LLC c/o Sammy Varnum for Riverside Drive Project Location: Riverside Drive adjacent to an unnamed canal and Jinks Creek, in Sunset Beach, Brunswick County. Proposed Project: The Applicant proposes to develop the property into a 68-lot subdivision,construct an access road, utilities and bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 2005. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 395-3900. When appropriate, in-depth comments with supposing data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405.3845 Phone. 910-395-39001 FAX- 91 0-350-2004 1 Internet: www.nccoastgtimanagement.net USTRICT 3 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director. ��K� � fi�i .`Ross Jr., Secretary Ex ress P February 8, 2005 �005 J MEMORANDUM: U,���',�N EM�`N-� TO: Ken Pace GO "\ NCDOT State Construction/Materials Branch FROM: Jason Dail 4-v Express Permit Coordinator w 4 SUBJECT: CAM A Permit Application Review Applicant: Tidal Ventures, LLC c/o Sammy Varnum for Riverside Drive Project Location: Riverside Drive adjacent to an unnamed canal and Jinks Creek, in Sunset Beach, Brunswick County. Proposed Project: The Applicant proposes to develop the property into a 68-lot subdivision,construct an access road, utilities and bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 2005. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. ✓/This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED It>Lf�a DATE ZQ 127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanaoement.net ------------------------ ----------- EXPRESS PERMITTING The attached application is being processed through the DENR Express Permitting Program. As such, failure to respond to the Wilmington Regional Office by the listed due-date will be construed as a no comment. The Express Permitting Program does not allow for extensions during the comment period. --------------------- --------------- ivutui �aiunlla ue*paTnenior CnVlluiniicin 01lu 14 . .----• --- Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary Express Permit February 8, 2005 MEMORANDUM: TO: Dan Sams For James Simmons D Division of Land Resources a 2 FROM, Jason Dail FEB Z Express Permit Coordinator 4 Z� D'VISIO SUBJECT: CAMA Permit Application Review COASTAL MANAGEM ENT Applicant: Tidal Ventures, LLC c/o Sammy Varnum for Riverside Drive Project Location: Riverside Drive adjacent to an unnamed canal and Jinks Creek, in Sunset Beach, Brunswick County. Proposed Project: The Applicant proposes to develop the property into a 68-lot subdivision,construct an access road, utilities and bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 2005. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 395-3900, When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. X This agency approves of the project only if the recommended changes are incorporated: See attached. 1O ?\.. o'?PVC_v... &..1 _ppf•._t ;S t1.... � +D, 4a'l Q�•J�� This agency objects to the project for reasons described in the attached comments. SIGNED DATE rto DT o►s 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net EXPRESS PERMITTING The attached application is being processed through the DENR Express Permitting Program. As such, failure to respond to the Wilmington RegionaT� e by the listed due-date will be construed as a no comment. The Express Permitting Program does not allow for extensions during the comment period. - -- ivuitn LarUnrra-veparr lEnl-ol-EfnVTMrfMenT aTTO-NSful -------------- Division of Coastal Management Michael F.Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary Express Permit p k February 8, 2005 Cy�`� , 13 FEB S) E�� MEMORANDUM: y� ! J Nd hF F sL M� t 4 a j•..tiS y r�^>. //�� -!z�, Q• I /- / TO: Renee Gledhill Early NC Dept. of Cultural Resources Archives & History �a�? = +mot FROM: Jason Dail Express Permit Coordinator SUBJECT: CAMA Permit Application Review Applicant: Tidal Ventures, LLC c/o Sammy Varnum for Riverside Drive Project Location: Riverside Drive adjacent to an unnamed canal and Jinks Creek, in Sunset Beach, Brunswick County. Proposed Project: The Applicant proposes to develop the property into a 68-lot subdivision,construct an access road, utilities and bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 2005. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE C>el Cl/� 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-395-39001 FAX: 91 0-350-2004 1 Internet: www.nccoastalmanagement.net i EXPRESS P' RMITTING The attached application is being processed through the DENR Express Permitting Program. As such, failure to respond to the Wilmington Regional Office by the listed due-date will be construed as a no comment. The Express Permitting Program does not allow for extensions during the comment period. ------------------------ 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 Exprkgkess Permit'{t February 8, 2005 ���./ FED 0 9 2005 (, MEMORANDUM: U TO: Linda Lewis or Joanne Steenhuis C T�;p �� yDivision of Water Quality EE zI 2� FROM: Jason Dail FEB f 1 2�105 Ex {' Express Permit Coordinator p DIVISI01^q CIF- SUBJECT: CAMA Permit Application Review COASTAL MANAGEMENT Applicant: Tidal Ventures, LLC c/o Sammy Varnum for Riverside Drive Project Location: Riverside Drive adjacent to an unnamed canal and Jinks Creek, in Sunset Beach, Brunswick County. Proposed Project: The Applicant proposes to develop the property into a 68-lot subdivision,construct an access road, utilities and bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 2005. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: I This agency has no objection to the project as proposed. C-,tom S�78 ©g074- ;./1 prowss . This agency has no comment on the proposed project. Z /p OS' / / This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 64,16*4u DATE 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phnna• o1 n_,ioF_ionn\FAX 41 n_.irn-9nnd 1 IntamPt• www nrrna¢talmananamant net f� t . NCDENR North Carolina Department of Environment and Natural Resources.2C,6 L,s'. j Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary Express Permit February 8, 2005 MEMORANDUM: TO: Joe Henderson J �4 �)7 NC Dept. of Administration ��� State Property Office co-,Is c` r p Y �'�� VlS'/��N T,�4 FROM: Jason Dail Express Permit Coordinator � � dr SUBJECT: CAMA Permit Application Review Applicant: Tidal Ventures, LLC c/o Sammy Varnum for Riverside Drive Project Location: Riverside Drive adjacent to an unnamed canal and Jinks Creek, in Sunset Beach, Brunswick County. Proposed Project: The Applicant proposes to develop the property into a 68-lot subdivision,construct an access road, utilities and bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 2005. If you•have any questions regarding the proposed project, please contact Jason Dail at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED � j DATE 127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net LWMA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director -- WiAia�a &ossJr., Secretary Express Permit February 8, 2005 Vy 2005 MEMORANDUM: I '- - GLiNrTlTtrl ' TO: Patty Fowler NCDENR-Division of Environmental Health Shellfish Sanitation Section FROM: Jason Dail / F4B Express Permit Coordinator S HE�L��SN SUBJECT: CAMA Permit Application Review '�ilp H Applicant: Tidal Ventures, LLC c/o Sammy Varnum for Riverside Drive Project Location: Riverside Drive adjacent to an unnamed canal and Jinks Creek, in Sunset Beach, Brunswick County. Proposed Project: The Applicant proposes to develop the property into a 68-lot subdivision,construct an access road, utilities and bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 2005. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. �n/, �j- �)4 This agency has no comment on the project.ro'ect. tie proposed This agency approves of the project only if t d c P J Y *11n ha g, are incorporated. See attached. ] y 2�' This agency objects to the project for reason%d7ibed e attaclje�l omMents. yr %a�'/' C., p\v�5\0\`Nv'P`GEN spy M-- SIGNED �� ; •�� t, DATE , 127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastaimanagement.net RCDENR' 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 Express Permit _ February 8, COOS ftlflC1 1 V 1111.) FEB 0 9 2005 rr,,� 0 MEMORANDUM: V -' BY: �� TO: Linda Lewis nay t� ' or sCL Joanne Steenhuis Division of Water Quality ECTm 1v Tm 0 1 FROM: Jason Dail FEB 1 12005 Express Permit Coordinator DIVISION OF SUBJECT: CAMA Permit Application Review COASTAL MANAGEMENT Applicant: Tidal Ventures,LLC c/o Sammy Varnum for Riverside Drive Project Location: Riverside Drive adjacent to an unnamed canal and Jinks Creek. in Sunset Beach. Brunswick County. Proposed Project: The Applicant proposes to develop the property into a 68-lot subdivision,construct an access road, utilities and bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 2005. If you have any questions regarding the proposed project,please contact Jason Dail at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. JL, sw8 o qo74-0 (II �rc�(¢SS . This agency has no comment on the proposed project. 15�UP� Z1/D105- This agency approves of the project only if the recommended changes are incorporated: See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 2-to-05 127 Cardinal Drive Ext,Wilmington,North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: vwuw.nccoastalmanacement.net An Equ2i Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper ------------------------------------------- EXPRESS PERMITTING The attached application is being processed through the DENR Express Permitting Program. As such, failure to respond to the Wilmington Regional Office by the listed due-date will be construed as a no comment. The Express Permitting Program does not allow for extensions during the comment period. --------------------- -------------- NUI u i jai uilt i Uepa meni OT r-HVII U1 n 1 IM IL ai ry P mALui ui , -._-- Division of Coastal Management Michael F. Easley, Governor Charle . Jones, Director William G. Ross Jr., Secretary Eaess Pe=it . ; February 8, 2005 CID ID o MEMORANDUM: �m 4 TO: Dan Sams Q may. For James Simmons Division of Land Resources DLas Tr q V FROM: Jason Dail QFEB s Permit Coordinator 2 4 2005 Expres DI DD SUBJECT: CAMA Permit Application Review MANAGEMENT COASTALVISION OF Applicant: Tidal Ventures, LLC c/o Sammy Varnum for Riverside Drive Project Location: Riverside Drive adjacent to an unnamed canal and Jinks Creek, in Sunset Beach, Brunswick County. Proposed Project: The Applicant proposes to develop the property into a 68-lot subdivision,construct an access road, utilities and bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 2005. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated: Q See attached. � E�D�1�Lt se.d�• Gust p\&. o�P,itO�+w. &.WA APPAd-' as h.,,`�1�f...I -FFat IW-3 fr-�LG.f This agency objects to the project for reasons described in the attached comments. SIGNED DATE Ff* 10 20.S 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper b1STPJCT 3 NCDENR North Carolina Department of Environment and Natural Resource,► Management Division of Coastal OA Michael F. Easley, Governor Charles S. Jones, Director �( A li r�i . Ross Jr.,— retary `SOS Express P r (� February 8, 2005 E8 Z 20 t 4� F MEMORANDUM: �S\ON EM�NT D�� Mp,NPG' TO: Ken Pace GOp'S�PL NCDOT State Construction/Materials Branch S Pia FROM: Jason Dail +V (:Express Permit Coordinator SUBJECT: CAMA Permit Application Review Applicant: Tidal Ventures, LLC c/o Sammy Varnum for Riverside Drive Project Location: Riverside Drive adjacent to an unnamed canal and Jinks Creek, in Sunset Beach, Brunswick County. Proposed Project: The Applicant proposes to develop the property into a 68-lot subdivision,construct an access road,utilities and bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 2005. If you have any questions regarding the proposed project,please contact Jason Dail at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: /This agency has no objection to the project as proposed. ` This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED W=7 _ DATE / 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 4l Q a All NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management 1 Michael F. Easley, Governor Charles S. Jones, Director William-G Ross Jr., Secretary Express Permit February 8, 2005 j a -- 2Z MEMORANDUM: sPF ' PiSH SANITATIO!� TO: Patty Fowler NCDENR-Division of Environmental Health Shellfish Sanitation Section FROM: Jason Dail G Express Permit Coordinator SN ELCFjSH SUBJECT: CAMA Permit Application Review Applicant: Tidal Ventures, LLC c/o Sammy Varnum for Riverside Drive Project Location: Riverside Drive adjacent to an unnamed canal and Jinks Creek, in Sunset Beach, Brunswick County. Proposed Project: The Applicant proposes to develop the property into a 68-lot subdivision,construct an access road,utilities and bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 2005. If you have any questions regarding the proposed project, please contact Jason Dail at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested. -* fItea6 , Zae-l.tiP,145 fir. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. l This agency approves of the project only if t { Ind ch es are incorporated.. See attached. \U 11 � y10 This agency objects to the project for reasons ibed e at aOAj�oa ents. SIGNED DATE 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper � - �. ��1 _ ��'"" �` :�� a,, a�,r, ,. ,� ,��i =�= MAR 4 2005 NCDENR North Carolina Department of Environment and Natural Resources,'d City DCM Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., S_xrptary Express Permit February 8, 2005 0 MEMORANDUM: TO: Joe Henderson p NC Dept. of Administration p 09 State Property Office Cpq S /1//S Tq� /0N FROM: Jason Dail M'�/�;,4(3 Express Permit Coordinator SENT SUBJECT: CAMA Permit Application Review Applicant: Tidal Ventures,LLC c/o Sammy Varnum for Riverside Drive Project Location: Riverside Drive adjacent to an unnamed canal and Jinks Creek, in Sunset Beach, Brunswick County. Proposed Project: The Applicant proposes to develop the property into a 68-lot subdivision,construct an access road, utilities and bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 2005. If you have any questions regarding the proposed project, please contact Jason Dail at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: "s agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated: See attached. This agency objects to the project for reasons described in the attached comments. SIGNED L ��� WW DATE 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanaoement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 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 Express Permit February 8, 2005 y � (��J - 0263 FEB 9 2on MEMORANDUM: TO: Renee Gledhill-Early �� NC Dept. of Cultural Resources �- n Archives &History ( u E:—;,W SD CL o FROM: Jason Dail 0 Cn Express Permit Coordinator o y SUBJECT: CAMA Permit Application Revien APR 0 5 2005 1 s 5VC4 K Applicant: Tidal Ventures, LLC c/o Sammy Varnum for ver 6y%ad City I)CM Project Location: Riverside Drive adjacent to an unnamed canal and Jinks Creek, in Sunset Beach, Brunswick County. Proposed Project: The Applicant proposes to develop the property into a 68-lot subdivision,construct an access road, utilities and bulkhead. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 2005. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated: See attached. This agency objects to the project for reasons described in the attached comments. SIGNED � ( DATE cwl 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net {u� f An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper ' JAN 2 12005 East Coast DIVISION OF Engineering Company, P.A.f'OASTAL MANA4QAMqgXt Fax: 910.754.8049 Consulting Engineers Post Office Box 2469 Office: 910.754.8029 Shallotte,NC 28459 Jar=ry 5, 2005 Mr.Jason Dail Division of Coastal Management NC Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington,North Carolina 28405-3845 Subject: Riverside Drive Tidal Ventures, LLC Brunswick County Major CAMA Permit Application- Submittal Dear Mr. Dail: Enclosed is a submittal package for proposed development for Riverside Drive located on Riverside Drive in Sunset Beach, Brunswick County with changes made as per your email dated 1/05/05. 1. The landowner needs to be changed to Tidal Ventures, LLC c/o Sammy Varnum if in fact he is going to be the property owner and the one doing the work under the CAMA major permit. That is why we asked for the purchase agreement between he and Mr. Gore. The landowner was changed to reflect Tidal Ventures, LLC as the owners c/o Sammy Varnam. 2. I need the original signed certified mail receipts or "green cards" from the adjoining property owners. The original green cards have been included in this submittal package. 4. The top view maps indicated that a small portion of 11404 type" and coastal wetlands will be filled during backfilling behind the bulkhead although the permit application does not indicate that any wetlands will be filled. Additionally, it looks as though a small section of the bulkhead will be below MHW (application reads differently) . The bulkhead has been moved so no 404 wetlands are shown as "filled" . 5. Please indicate any or all areas where the lines may overlap on the site drawings. In some places I lose the CW's line and it does not pick up for several hundred feet. I guess in other words, please make sure that all lines on the drawings are consistent, ledgible and coincide with the appropriate feature identified on the legend. The scale may need to be enlarger in order to prevent the lines (MHW, 404 and CW's) from overlapping. The map has been so noted. 6. Lastly, in cross referencing two of the maps (C2 and All In, LLC) , it appears that the proposed road will be located within the buffer. Unfortunately, this will have to be moved 30, away from NHW. The road has been moved away from the 30' setback. If you have any question or require any additional information,please contact our office. Sincerely, J. Christian Russell T� Enclosures .' Copy: Sammy Vamam, Tidal Ventures, LLC 1 J File: 0324 (Riverside Drive) Q,Q'rp/VAS/ 200S C Mq�N CF G'�-M��,AV�. East Coast Engineering Company, P.A. 4918 Main Street Fax: 910.754.8049 Consulting Engineers Post Office Box 2469 Office: 910.754.8029 Shallotte,NC 28459 Da niur 21, 2004 Mr.Jason Dail Lg Z!,Division of Coastal Management t` NC Department of Environment and Natural Resources 127 Cardinal Drive Extension DEC 2 2 2004 Wilmington,North Carolina 28405-3845 DIVISION OF Subject: Riverside Drive COASTAL MANAGEMENT Tidal Ventures, LLC Brunswick County Property Agreement Dear Mr. Dail: As per your request please find enclosed a copy of the property agreement between Tidal Ventures, LLC and Edward M. Gore, Dinah E. Gore as provided by Samuel Varnan- It is our understanding that this is the final document required to proceed with the CAMA per ining process. Please inform us of the date the 30 day clock starts. If you have any question or require any additional information, please contact our office. Sincerely, J. Christian Russell Enclosures Vacant Lot Offer to Purchase &Contract Copy: Sammy Vamam, Tidal Ventures, LLC w/enclosures Edward M. Gore w/enclosures Greg Gore w/enclosures File: 0324 (Riverside Drive) East Coast Engineering Company, P.A. 4918 Main Street Fax: 910.754.8049 Consulting Engineers Post Office Box 2469 Office: 910.754.8029 Shallotte,NC 28459 Nouvi-vr 29, 2004 Mr. Cameron Weaver Express Permitting Officer NC Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 Subject: Riverside Drive Brunswick County Express Permit Dear Mr. Weaver. Enclosed is the Express Permit Fee required for Riverside. This submittal is for a low-density residential stormwater permit, erosion control permit with 10.0 acres of disturbance and CAMA. As per your correspondence on 11/23/04, it is my understanding that an express permit fee of$4,500 is required. The Express fee is capped at $4000 for the 3 Express permits (LAMA,Stormwater and Erosion Control) and the additional$500 is the Land Quality fee for the 10 acres of disturbance. If you have any question or require any additional information,please contact me at our office. Sincerely, A J. Christian Russell Enclosure: Check for$4,500 copy: Samuel Varnam Carol Miller Jason Dail Linda Lewis File: 0324 (Riverside Drive) "T East Coast Engineering Company, P.A. 4918 Main Street 2469 Fax: 910.754.8049 Consulting Engineers Post Office Box Office: 910.754.8029 Shallotte,NC 28459 Narerri-er 22, 2004 Certified Mail Retum Receipt Requested I/ PV Coastal Cottages PO Box 7270 c South Brunswick,North Carolina 28470 D�Q Re: Tidal Ventures,LLC 2j,991V O CAMA Major Permit Application -q F Riverside Drive Dear Mr. Nelson: T Tidal Ventures, LLC has retained our fine to apply for a permit with the North Carolina Division of Coastal Management to develop property located Riverside Drive. The Division of Coastal Management (DC vI requires that all adjacent riparian landowners be notified of this permit request. Enclosed is a copy of a permit application for the proposed project, and drawings showing the proposed development. If you have any questions regarding the enclosed information, please contact our office. Any continents regarding the proposed project should be directed to Jason Dail with the DCM at the address shown below. The DCM allows 30 days from the certified receipt of the enclosed package to allow the adjacent landowner to submit comments on the proposed development. If the DCM has not received any comments within 30 days,this will be interpreted that there are no objections to the proposed development. Jason Dail NCDENR Division of Coastal Management 127 Cardinal Drive Extension Wilmington,NC 28405 (910) 395-3900 Sincerely, 'i J. Christian Russell Enclosures: Site Plan for Riverside Drive Application Forms Copy: Jason Dail,NCDENR- DCM File 0324 (Riverside Drive) 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 February 8, 2005 FAX: 910-754-5407 2 Pages Brunswick Beacon Ms. Carolyn Sweatt Legal Advertisement Section Post Office Box 2558 Shallotte, North Carolina 28459 Re: Public Notice - Tidal Ventures, LLC c/o Sammy Varnum for Riverside Drive Dear Ms. Sweatt: Please publish the attached Notice in the Thursday, February 17, 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 an original invoice to Jaye Poole, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638. Please also send a copy of the affidavit to DCM, 127 Cardinal Drive Extension, Wilmington, NC 28405. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, everly 'venb Coastal Manag ent Admin. Assistant Enclosure cc: Doug Huggett Ted Tyndall File Copy 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\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 February 2, 2005. According to said application, Tidal Ventures, LLC c/o Sammy Varnum for Riverside Drive, proposes to develop the property into a 68-lot subdivision, construct an access road, utilities and bulkhead, at Riverside Drive adjacent to an unnamed canal and Jinks Creek in Sunset Beach, Brunswick County. A copy of the entire application may be examined or copied at the office of Jason Dail at N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-395-3900) during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557, prior to March 15, 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. AO- 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 February 7, 2005 Tidal Ventures, LLC c/o Sammy Varnum Riverside Drive Project 1350 Hickman Road NW Calabash,NC 28467 Dear Mr. Varnum: The Division of Coastal Management hereby acknowledges receipt of your application submitted on behalf of East Coast Engineering, P.A., for State approval for the development of the Riverside Drive project. It was received as complete on February 7, 2005 and appears to be adequate for processing at this time. You have requested that the application be processed under the Express Review Permitting Program. Under this expedited process, the projected date for making a decision will be around March 10, 2005. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from North Shore Drive. Some examples would be: Nailing the notice card to a telephone pole or stake along the road right-of-way fronting your property. Failure to post this notice could result in an incomplete application. Sincerely, xpress Permit Coordinator cc: Doug Huggett, DCM Ted Tyndall, DCM Caroline Bellis, DCM Mark Wahl, LPO Henry Wicker, COE J 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper } �1 rJ v AMA P RMIT AP I I F R PROJECT: • � m JA COMML;NTS ACCEPTED THROUGH Arm- � ao5 FOR MORE DETAILS CONTACT APPLICANT- THE LOCAL PERMIT OFFICER BELOW: • s e /.�-L 4..rk A/C o v D1V1S10-NDE COASTAL MANAGE.ME.NT ADJACENT.RIPARIAN_PROPERTY9Y!'NER NOTiFi('ATIONlWAIV .R FORM Name Of Individual Applying For Permit: //0'�i ( V E✓1 Tl/l� S Address Of Property: FLGS 4 6,4 j- 1?(LaC h (Lot or Street #, Street or Road, City & County) I hereby certify that I own property adjacent to the above-referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. I have no objections to this proposal. r .T 6 GT c T11i S p e—o PoSA-L . 11_ynu_have objections to what is heir propose lease write theDivision of Coat al Manae_ment,_ 127 NNorth C2rdinal thrive, Wilmington North Carol_ ina 2940-5 or call 910 395- 3400 within 10 days of�nt of this notice- No response is considered the camp as d4ou have been notified by Certified Mail WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boat house, lift or sandbags must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. AA 0 Sig ature �! ate Print Name I � NCDENR Telephone Number With Area Code NORTH c,,ROUNA DEPMTM"T OF ENVIRONMENT AND NATURAL RESOURCES DIYISIONDE-C—OASTAI. MANAG MFNT ADJACENT.RIPARIAN-PROPERTY O 'NFR NOTiFi('ATInN/WAiVR FnRM Name Of Individual Applying For Permit: T(d u 1 /W S Address Of Property: Eg54 L- "7c G f vL c� 9G-,c h (Lot or Street #, Street or Road, City & County) 1 hereby certify that I own property adjacent to the above-referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. I have no objections to this proposal. Ifyau aay objections to what is heing—prppppsed, ace write h niyision of Co al Mange=[_ 127 forth Cardinal Drive Wilton, North Carolina, 284__ 05 or call 910 395- 3 ffl within 10 days of receipt of this notice No rt cnonc - is rnncidereii ifyoii have h .en notified by Certified Mail WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boat house, lift or sandbags must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requiremen 0 I do not wish to waive the 15' setback require N I oy 0 5 2004 , C 1S1O JW Iffy" F EMENT wignk Dat ±LNLA�� �' Print Name NCDENR 3'3 - 7 31 - 5Z9 Telephone Number With Area Code NORTH cAROUNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIYISIOX-OE-C-O STALN ANAEFM= pRop TyoiN, oTaTIONL) Y�R E uia CRM ..� ,p A �f lndivid 01 App ying For Permit: J 1 c:'1 0 VISION U0 -MEN-' — �erty: ' `� =;�c� U ✓7S 6 ;f.5(4='c h (Lot or Street #, Street or Road, City & County) I hereby certify that I own property adjacent to the above-referenced property. The individual applying for this permit has described to 'me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. � d%gip I have no objections to this proposal. LL-yau have�6jPrti�ns ter what is beings r�psZsed ole�_ase wri a h� Divis%nn of �'nastal Management,_ 127 North C radinal Drive Wilmington, North C'arolina,2$4Q5-DLcal1 910 3y5- 3 vwithin 10 da d receipt of this notice No response is considered the camp__as-ni ,z if}cots have been no if e by r ifi .d Mail 1 understand that a pier, deck, moorinTwaivethe eakvwater, boat house, lift or sandbags must be set back a minimum distance of YS' frf riparian access unless waived by me. {If you wish to waive the setback, you must ropriate blank below.} e` er` I do wihe Y5' setback requirement. I dt��t the YS' setback requirement. 1 • • _&na�tur a. MoR6.AnJ by at , OUDrint Name NCDENR 33 �e -(e 8 IL 5-b /�� With W H ROLINA [DEPARTMENT OF Telephone Number YY ith Area Code E;iVIRONMENT AN© NATURAL RESOURCES Postal aCERTIFIED MAILT. RECEIPT'• Only; ni Ln ni >. >, •� M Postage $ ru o ,,fie��� Certified Fee O r C3 Return Receipt Fee Postmark C3 (Endorsement Required) , , r--_•ti—T p Restricted Delivery Fee \ L1 D— (Endorsement Required) CO fU Total Postage&Fees U S nt To r%- Street,Apt.No.; (� p or PO Box No. Z k►/ &L._11Y (5," SYate,ZIPt4 C PS Form :ri June 2002 COMPLETE •N i COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete ature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. R c ived by(P nted Name) _4WDatve�c ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is elivery address diffe IA,*om item 1? Yes 1. Article Addressed to: If YES,enter delivery a ress bow: No V U'r6w C) �y)V 1 YbY1YY1.&V�+I 'l k ri .J ayl 1—�ctV f�1S 3. Service Type O C 01�^ —6e� ^I_ � ^& Z /1 r, ❑Certified Mail jetu'rn ssRel�il c� a"li W�l/�Y l.. Q r-i W ❑ Registered Receipt Tdl� erchandise ❑Insured Mail �5 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7004 2890 0002 3425 2231 (fiansfer from service laben PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 EVE DE-C 2 2 2004 DIVISION OF COASTAL MANAGEMENT SECTIONCOMpL.ETE THIS DEUVERY SENDER:COMPLETE THIS SECTION =me ■ Complete items 1,2,and 3.Also complete A. Signature ❑Agent item 4 if Restricted Delivery is desired. X ❑Addressee ■ Print your name and address on the reverse So that We Can return the Card to you. B. Received by(Printed Name) C. Date otelivery ■ Attach this card to the back of the mailpiece, �' 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 f j V V � 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receiptfor Merchandise JJ ttt/JJ ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (rranster from service label) 7004 2510 0000 7053 3 0 2 7 PS Form 3811, February 2004 Domestic Return Receipt --. 102595-02-M-1540 COMPLETE . • ■ Complete items 1,2,and 3.Also complete A. atjire; If item 4 if Restricted Delivery is desired. X i �� ■ Print your name and address on the reverse �.* :: .�' =• ----= e.... so that we can return the card to you, f�e¢eiv by(P'ntedweme)_ C. Qa i of Delivery ■ Attach this card to the back of the mailpiece, ' r or on the front if space permits. .D. Is delivery address different from item 17 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No G ( �ft .AL0 s kV {'I 1 3..Service Type U v y Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number n r, n 000 pp p 7053 3034 (Panster frerrrsenric�labeb-•:;• 7('�i Il E f 4`f t r t r t—.— I �j ' ----,-.-rrr-m-ice rrn7f7i-7TiiiT,i i i i i i t i I!i, , PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Postal MAIL.CERTIFIED • clD fflomesticmamoniy, rU ru A - I-L APR �p 225— m Postage $ QCertified Fee 1z C3 Return Receipt Fee _` rRostmark C3 (Endorsement Required) -F( -1�J re O a 1:3 Restricted Delivery Fee 0 O 117 (Endorsement Required) : ro riJ ooO� Total Postage&Fees Vj-S O S@ To ^ y� 1 - 1 C Slat, 1P+4 :r0 June 2002 SENDER: • •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑ ent ■ Print your name and address on the reverse X Addressee so that we can return the card to you. B. Received by(Print N C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address diffe nt. om m 1? Yes 1. Article Addressed to: If YES,enter delivery ad ress bey: No 13ob $ 13c):v b Y 0- CDC P/A 3. Service Type (-n ©0.� k , ❑Certified Mail ❑ press Mail J n 7 ❑Registered ❑ eturn Receipt erchandise L ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7004 2890 0002 3425 2286 (transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 SENDER: COMPLETE ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse K&A( so that we can return the card to you. ❑ dressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. a livery, or on the front if space permits. t 1. Article Addressed to: D. Is delivery address diffe m Item 17 Y If YES,enter delivery a ress bj�v: No RmWd � o �kO'b"�C'�e�� f 3. Service Type c=.) y�i ❑Certified Mail ❑ press Mail ❑Registered eturn Receipt erchandise ❑Insured Mail 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (rransfer from service label) 7 0 0 4 2890 0002 3425 2309 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 Postal T CERTIFIED MAIL. RECEIP71' O (Domestic Only; nj For delivery n visit �lL • E ✓q�` his. p�.''� 1 LJ f �1 s K'C',°�5 =+1r E rrt Postage $ a sagn 0® ru Certified Fee ified F a '' Pe 0 C:3 Return Receipt Fee C:1 (Endorsement Required) 0 i p Restricted Delivery Fee co Er (Endorsement Required) co fL Total Postage&Fees $ A Sent - h --- -- O -§tre , --V• ---- + r- Street Apt.No.; orPOBoxNo. ©............. ty,S te,ZIP PS Form 3800,June 2002 See Reverse �. J • . .�IYIGt�i m r •. • fU U IS ru Ea Sds rTl Postage $ t 10 R" O fl_I Certified Fee N Q C3 n E3 Return Receipt Fee O UC (Endorsement Required) �` O Restricted Delivery Fee o Er (Endorsement Required) 1 . fU Total Postage&Fees C7 Sen To [ti Street,Apt No.; or PO Bar No. , D1_I_ _ --- Ci Stat ZIP 1_ PS Form :ir �� nSee Reverse for instructions COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sig ture item 4 if Restricted Delivery is desired. ❑Agen ■ Print your name and address on the reverse - 46Q&t----X dressee so that we can return the card to you. B. a iv b (PrinfTd "�57r�fery ■ Attach this card to the back of the mailpiece, ci or on the front if space permits. D. Is delivery address diff h3r1t frorlytem Yes 1. Article Addressed o: If YES,enter delivery ddressHelow: ❑ No rk1w � � Yes; LAC o cow-" r T NW ��� 3. Service Type t rt J�1lJ��S� i 1 V G 2�4 ❑Certified Mail Express Mai ❑Registered ece r Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7004 2890 0002 3425 2323 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02—M-1540 .Lrl ru ' .• ru 0-111 MEMO rru O U J m Postage r , Certified FeeED � Return Receipt Receipt Fee I .� Po ark —i t3 (Endorsement Required) Here ; CD Restricted Delivery Fee V -* (Endorsement Required) +s fU Total Postage&Fees �• f- ' � Sent Street Apt No., or ..POBoxNo. r ) y}yP (n 1�/ City, tate,Z1P+ �( V� COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signat9re/ item 4 if Restricted Delivery is desired. r ❑Agent X ■ Print your name and address on the reverse VL-- -� ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address differe tltm item 1? es 1. Article Addressed to: If YES,enter delivery ad ess beiiftm: o m V�1 erns fi��n - Sc`1-e ran tv� 3. Service Type o l3`I/ ❑Certified Mail ❑ xpressV3il 11�.�� ❑ Registered ❑ eturn Receipt tort erchandise El Insured Mail ❑ �/ 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7004 2890 0002 3425 2255 (Transfer from service label) PS Form 3811,February 2004�� Domestic Return Receipt 102595-02-M-1540 Dec 21 04 10: 48a East Coast Engineering Co 910 V54 8049 P. 3 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 anew single family dwelling prior to closing, use the standard Offer to Purchase and Contract (Form 2)with the New Construction Addendum (Form 2A3). Tidal Ventures LLC as Buyer, hereby offers to purchase and Edward M Gore Dinah E. Gore 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 Sunset Beach County of Brunswick , State of North Carolina, being known as and more particularly described as: Street Address Zip Subdivision Name See Exhibit_A 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 S and shall be paid as follows: (a) S , EARNEST MONEY DEPOSIT with this offer by ❑ cash ❑ personal check ❑ bank check ❑ certified check ❑ other: to be deposited and held in escrow by ("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) S ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than TIME BEING OF THE ESSENCE WITS REGARD TO SAID DATE. (c) S BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(sj secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum. (d)S BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (e) S 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 for a term of ar(s), at an initial interest rate not to exceed % per annum,with mortgage loan discount points not to ecc + % of the loan amount. Buyer shall apply for said loan within days of the Effective Date' t�5 c ntract. ve shall use Buyer's best efforts to secure the lender's customary loan commitment letter on or before and to satisfy all terms and conditions of the loan commitment letter by Closing. After the abo e er ate, Seh request in w ting p \A Page ] of 4 This form jointly approved by: Q North Carolina Bar Association � P` North Carolina Association of REALTOR I c. [OWL„D 5 C , ��5� STANDARD FORM 12-T RE ALTORn OPPOPTUNITY ) ©7�2003 Buyer Initials Scllcr Initials f. Hcwert Law Firm 632 village Rd, Shallone NC 28470 Phone 9197556666 Fax: Mack Hcwctt 1'4243171.ZFX Proaviced wtlh Zip Form I by RE FormsNet,LLC 18025 Fifteen Mile Road,Chnlon Township,Michigan 48035.(B00)363-9805 I)ec 21 04 10 : 48a East Coast Engineering Co 91U 754 8049 p. 4 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 fora bedroom home. All costs and expenses of obtaining such Permit or written evaluation shall be bome 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 rcport(s) that (i) the soil is suitable for Buyer's Intended Use, (ii) utilities and water are available to the Property, ttt) 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.) 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 represen t u is or other provisions other than those expressed herein, All changes, additions or deletions hereto must be in tt a ig d all parties. Nothing contained herein shall alter any agreement between a REALTOR®or broker and Sell N contain 1 is listing agreement, buyer agency agreement,or any other agency agreement between them. Page 3 of 4 ST EN FO 1 %(6 .+ N � 03 ��/ V Xb Buyer lnitialsl: Seller Initials \Produced with DPFdrm—by RE FormsNel,LLC 10025 Fifteen Mile Road,Clinton Township,Michigan .5805�+Pv T4343 1 71.ZFX OP5 G Dec 21 04 10: 48a East Coast Engineering Cc 910 754 8049 P, 5 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 tares 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:none 5. 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 S n/a 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 Closins. 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 Properly, the amount thereof shall be S none ,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 attornev'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 attomevs. 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, famished 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 December 31 2005 at a place designated by Buyer.The deed is to be made to Per Buyer's instructions CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDTTIO PROVISION IS-OTHERWISE MADE IN WRITING. ,� 10.POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing. No altera ' c trons, tree removal or other such activities may be done before possession is delivered. vd\ ` F Pa-e? of 4 O�G \S�rNNA. %STARD -T OPcj © 7/2003 Buyer Initials )y. Seller Ini� G Produced with Zlpform-by RE ForrnsNel,LLC 113025 Fifteen we Road,Clinton Township,Michigan 48035,(800)383-9805 T4243171.ZFX Dec 21 04 10: 49a East Coast Engineering Co 910 754 8049 p. 6 EXHIBIT A Tract One- Being all of Lots 27 through 95 on Riverside Drive as shown on that survey map recorded in the Office of the Register of Deeds for Brunswick County, North Carolina in Map Cabinet H at 358 to which reference is made for greater certainty of description. Tract T«o- Being of Lots 2 through 28 on North Shore Drive as shown on that survey map recorded in the Office of the Register of Deeds for Brunswick County, North Carolina in Map Cabinet H at 358 to which reference is made for greater certainty of description. c'% y �tioo OF ANT GO PO P�M D I V I d ,i COASTAL �� F N o kA EA1 NT Q� mfr7��r s yalt ' mess or U171 CAROIMA. cXMI or B MMIf: EOOK 2G4 7LGt 24 1 7YIS MZD, tha day of Nd�1911, by and y. _ L betr@sea X. C. GOES and wife, 1aDLi- $�dl"st„v r1A County, North , I I � 'r Carolina, parties of the fit LIB JEDNAtDVldaOCe*_rzrunswick County, r i. North Carolina, perry of the second part 1(1`ftclzl� . _ TUT the said parties of the first part, for and In consideratlon of the sty of TO DOLLARS AND OTHER VALIU U @tSIDERATIONS. to the■ in hand paid by the said party of the firopwc, the receipt of vg3Oh ��1 , . acknowledged. have bargained and wld. /(�)J' t �j 1 ra-db her.? �' bargain, sell. and convey mro LMnrllan / P Yu e�Sle heirs and a8414es, 411 that eartain tract or parcel of land-, mad being in I•- thallects Township, Bruneviek County, North Carolina, and mro particulatly `fit described as follovat :F J .) CCINNIItO ac an irmt pipe in the centerline of 6th Street ded; meld pipe beicg located Norch 11 degrees 01 � nfnu vest 1 3J0.2�.lepL the_lenurliaa intersection.' of aalzaet�t4yP`Cipil. l*Leth Street& having a width •I of_}O.,, of this description)i thence from iaidl be da4b4 Sd.th 79 Lnuces Vat 512.85 feet to .pv Lkn�pl7ei'L sea li iS�/ 71 ninutas vest 789.54 'y wit to va it " line o!farsac 8oulavard (being y' •if 100 fmac fe vldth){ thane utd Houlovard North 9 degras■ •il 53 minxes vat 478.50 Lug to en Iron plpa{ thence continuing �. OD with aald Boulevard March 10 degrees 27 minutes vest 2.226.68 feet to" Iron pipe in the southern tight—f-way line of the ,_ 5 Iacra Coastal vscerway{ thence with @aid line North 76 degree/ i 37 minutes East 250.32 feet to an Iron pipet theses South 30 degrees 27 minutes last 2,250.64 feet to an iron pipe; theses tt rth 74 cegrwes 54 Pinursa Ease 1.180.20 fast to an iron pipe{ Nozsh..Eb,rditreer,Ul�nut" fast 917.73 feet to " icon 4 21 sinutos E■st 302.32 feet to anr` hints North f5 degrees 42 minutes lest 2,343.10 feetiO pipet iS1 �m 23 degrees 07 minutes Esec 218.95 i - lest t aft( a"I giants South 76 degras 12 minutes want 2,150.00 f. pipet thence South 79 degrees 04 t • ' minutes vest 1,798.60 rift to the paint of beglcalgp Containing r I 67 acres, more or loss. r { � 1 , TO HAVZ AND 2D HOLD the above described tract or parcel of lend, rl 1 tagstlier with all privileges and appurtenant" tharaunco balonging unto the 'c - said pert)of than/rAo011 pa�et, his heirs "d asaigae, to chair only use 4 y �J of the first part covenant to and with the ;;5 •I asdd pact)o[�fr<am'ed part. MA heirs dad designs. that they are seized ! of the said redass >a fee"d hew a right is 'fl p 11h eon�m7 the/ante !n tee /isgL{ Nt i n i Cp ,D/ A,STAL MA foot 2G4 rtst 25 Mat the as" is free ad clear of all onemdtraaas,ad that they M "• h.rsy aerreat W ri11 forever defend the title is do ..ee agoleat t1a r ; L lawful claims of all►araou WHMOM& i >Z/ VI3>Qlt M=07, the^aseCpartios at tb -F ^ r isntato set ter heeds and anal s hi Flint &M"irrittr.1 ,j 9 90G7m lf7�lid , :. .y KSNA lUtd GOAT (IZAL) . is- .' ,�� .'1. •� ' .. t2A2i 07 Noise Cd10M . r\ II �1f lff g notary.hilic. do hare►r " :" i i v �1 5 Sfhat N. C. Wo ad •. �' S C dfa• KULA mxs Can Msnll "pear" afore ar thismod atkaadadpd the dus oaaeutiae of the foregoing dead los tha •�i . purposes therein set forth. f IfISYitt or bred asd r1a1 oael, this the NOTARY PUBLIC`�.,-' <� !•t o' Commission aapirml MST •'+ T 7RANSFt .YfC0R0 � © 5%, .I Nt rt �.•r - . t DEC 10 1BT1 S a 8 mmrrr,:a � .. TAX etmnrtaoa 0MAM Of BUNSWICtre n• ,ewf K The fsgotat ca 'ifieato of a. . y` TWlla of UO' �- , llsrth Carolina, N t: 1 —5 r(' Oor• Is urtifiad to oarroct. f raslirnit�aa and remrd oo ed to this oftira is hk 4j, at f ODA�IFS�'IC. .�^." _ Zhu the dap of_ aLt.0• . 1972,it4�oltloe�. p 1 ikLszn or DUN ,-gc 7 M TN^' ,•1,•�K.••••'v..•.w•.d..�- ' .F. ,�N..+riww..Yw-,rrN� .�� _ I� :. 1•rsr., i'tfiRr ' "�'JrXI�SrM ,. DOP Uop,STP,L C�ovp1; OF NOROISWICKRTS CAROLINA � i•1ii'.•' d The foregoing certilleste of Violet 0. Cranor, a Notary Public of Guilford County, is kS° r adjudged to be sorrsst, Let the said dead and this eertiflcats be registered, 1- Witneas my hand and seal, this the 19 day of Pay, 1955. } aine r Arai. Clark Filed for registration as the 19 day of Msr 19SS at 300 P. M. and duly resordod. , JIM BROOKS, IT DK, KT Au ± '•�` i7 TO ( CONTRACT , I 1 j M. C. 60RG STATE Or NORTH CAROLIKA I .F COUNTY Or BRUNSWICK I"! THI3 CONTRACT, Made and entered into thin 10 day of Ma , .1959, by and between JIM BROOKS and wire, ALINE W. BROOKS, of NowHanover Count), North Carolina, PRAMCIS B. FURLONG and hue- band, JOHN FURLONO, JR., of Nash and Brunswick ountles, Earth Carolina LULA J. BROOKS, sin. gle, ZELDA BROOKS, slnSle, GEORGE 1.BROOK3, sin&ls, JOTS 0. BROOKS and wife, ANN N. BROOKS, and STELLA L. BROOKS, by her general fardi&n, Ray H, Walton MARY E. BROOKS) of Brunswick Co_ unty North Carolina, partial of the first party and M. 0, 0 9, of Brunswick County, North Carolina, party of the second party D y ( ; ' M I ! N N I I K T H THAT for and in consideration of the sun of ONE THOUSAND AND MO/100 ($1000.00) DOLLARS•04, to then in hand paid, the receipt of which is hereby aaknowledged, said partial of the first part do hereby give and grant unto sold party of the aseond part the right and option to pur- chase from said parties or the first part certain treats or paroola of land lying and being in Sballotte Township, Drunsviak County, North Carolina, and more particularly described as 1 followay All tho'o tracts or parcels of land bounded on the east by Tubbs Inlet, on the south by the low water mark of the Atlantic Ocean, on the vast by the vast ern line of Drew No. 9 of the William Prink division, nowknown as the Ralph Prloe line, and on the north by the high voter nark or the mainland. The terms and condltlons of this option are as followsl •Y. ��` .' OAK , • �'t ;•�. This option shall exist and continue to end including the 1 day of June, 1955, but no longer. TWO If party of the second part •loots to purchase said land under this option the purchase pries therofor shall be FIFTY THOUSAND ($50,000,00) DOLLARS, payable with the delivery of a good and suflielent warrenty deed In fee slsplo. THAZZ At any time within the period soave limited, but net thereafter, parties of the first 1� port will oaks, execute and deliver to said party of the second part a good and sufficient deed for said land In fee simple with general verrenty and free from onsumbronees upon the payment — + by said party of the sesoad pert of the said purshese price In the sun and manner above set 1 out. FOUR I If veld land be sold by said parties of the first part to said party of the second part under the terms of this option, the sum for which a ressipt is herela given shall be a credit on the cash payment of the purchase price, but if said lard be not so sold within the period tl. above lialtad, &aid am $hall be retained �y parties Of the first part as the purchase pries of this pit= and thereafter said party of the &@send part shall have no further rights under this option. r IN TZITIMOKY WHEREOF, said parties of the first part have barownte set their hands ass! �'•' seals the day and year first above wrltton. Alice M. Broom Beal 1.:' t ,'' ✓,. Lida Jw Brooks 'ti)` deal '•'',''N Jim Brooks t Seal �• •n i•.r p` W ; 'r k I:•: i )) Zelda Brooks Sesl John Furlong, Jr. INl) G@Grp l 40K (( Mary B. Broelu (IOal) 0 r Brooks (Teal i Frames 9. Fur leag Ideal) JAnn M. Brooks }�« (lloal� ` +'(' � •� t \7. ^'...r'�,,: :•�.�'•�a 1�.d 71 ,1 I t �,. .T'+'�' j•�:�''f 1�"_.f . - >r STATZ Or vOM CAROLINA COOMTY or lAMUSSYICL . . j .. I, Clyde W. Lassiter, Notary Publis, do bar*" sartify that JOB 0. BROOKS and wife, ANN IA y ` W. BROOKS. LD J. BROOKS, single, /RARM B. PORLONO, ZzLoa BROOKS, SINOLN, OBORON S. BROOKS, , ■inns, WARY I. BROOKS, personally appeared ;.for* me this day and acknowledged the due execut- ion of the foregoing instrument. Witness ey hand and notarial Neal, this the 13•day of May, 1955. My commission azyiresr 2-26-56 Cl de W. Gssiter Seal) Mary Public 1 1 •• STATB OF NORTH CAROLINA /1. COUNTY OF NEW HANOVER ! f• �, I. Mary S. Fussell, Notary Public, do hereby certify that JIM BROOKS and wife, ALINE W. BROOKS, personally appeared before sr this day and acknowledged the due execution of the -� foregoing Instrument, '! 1. Witness my hand and notarial seal, this the lOtb day of May, 1955. \`f scamel lion expires. 1 2-16-57 Mary S. Fussell �• - deal) Ott" Public ;• TATI OF NORTH CAROLINA �� •� BOUNTY OF HASH - I, W. M. Bradley, Rotary Public, do hereby oertlfy that JORM FURLONG, J11., personally app- •Arad before me this day and acknowledged the due execution of the foregoing lnstn,mant. I •) Witness ey hand and notarial meal, this the 11'day of May, 1955. ) - -�- "�• My commission axpirsst 5-7-57 W. M, !radle (N. P. Seal) Notary ru�lio STATE OF NORTH CAROLINA COUNTY. OF BRUNSWICK The foregoing os"Iflastesoatlo of Clyde W. Lassiter, Notary PublicBradley. of arunawbli County, Mary J,': ';,, S. Puesell, Notary Public Of New Hammer County, and w, M, adlq, Notary luDlle of /idp- ""� _ comb County are adjudged to be correct. Let the lnstrumant, with the certificate be registsred. This the 19th day of May, 1955. ' Lorraine H. Sallassy f ' Asst. Clark of Superior Court Filed for registration on the 19 day of May, 1955 at 3130 P. M. and duly recorded. 1 W. P. SUITON, ET trK TO t DS9n M. 0. LEI, BT UZ NORTE CAROLINA MARKET? COUNTY. , .. THIS DBM,"Made this the 17th day 'or Septa�er,4 1953:"by W F. Sutton and wife Lmedy L. .Sutton of Harnett County and State of North Carolina, of the first part, to M, 0. face and vUs, horenss NeD. Los, of Hamott County and Stata of North Carolina, of the'second part,, W I T 1 9 3 3 X T H n _ t That,said pertiss of the first part, in consideration of the fun of ONI HUNDRED DOLLARS, and other good and valuable sonsidsrations, to them paid by the parties of the second part, the rooeipt whereof 1s hereby acknowledged, have bargained and said, and by these presents do •. grant, barpin, soli and sonvoy to @aid parties of the second part, their hairs and assigns, a certain treat or parcel of land in Lockwood loll Townmhlp, Frunsvisk County, State of North �. �1 c1; Carolina, adjoining the land@ of W. P. Sutton, M. �. Lee and rife, and others, and bounded end p.., �. described as follows, visr ��.•c Adjoining land& of We P. Outten an the West, Street on the Northi M. 0. Lee and wi a on the tast1 Atlantis Oosan on the south, being Lot No. 25 of Section eBs Western extension of Robinson Beach "carding to plat prepared trDyy L. N. Phelps, t( t%• Surveyor, dated Dee. 18t 1949,'and recor•dsd in the office of Aagi:tar of Dead: ,;.:. of Brunswick County in flap Book 2J, page 130, and more p&rtioul&rly described y ••� am follower ,r ;e , Sodnning at a stake on the South and Coe" side between Lots Nos. 23 And 25, �! andd ruha as the Atlantic Ocean !. 86}} deg. W, 50 ft, to the southeast corner of Lot No, 27; thence as Line of Lot /2t, the dividing line be on Y. P. Sutcon ; } � end this lot, ■. 100 feet to an iron stake in the street; thane• as the •treat i N. 661 deg. Seat 50 ft. to the northwest corner or Lot 023, a corner with M. 0. t Y r- •�..f ;'•,','ram• ... . j .4 w r the second part, the receipt.of which is hereby soknowlsde*4, ha4 bargained and sold and by theca presents does hereby bur6■Sn, cell and oam{ey unto the said party of the •sound part, { its successors and onaliTA, all those certain snots or pareslm of Lad lying and boiag in R G. c�OO North West Township, Brunswick County, North Carolina, curs partlouLarly dssoribsd ae followef Lying In said State and county—adJOiuinW the lands at John 0. Rowell, deal V Seth at al and more fully described as follows, to wits BrOIIIN•- �.. •t an SIranWllllaa •state■Late on Dark Branch near the head, and mouth of the pond) and I tuna LhonoG S. 12 degrsoa West 6765 toot to an iron stake) thence 'forth G3 dst;reu post $28 ftl to an iron stake; thanae North 2 dsaron• Bast 1287 feet \ � to a K.ke} thsncs South 89 degrees West 726 feet to an iron Make; thence �\ V, •+ - North 11 degrees East 1103 feet to a stake; thence South 83 de{]rose Uset 1$$0 foot to an iron stake} thence North 1 dsgres 15' west 804 foot to ■n Iran w G tako oa •Grist Yill Branch", or • prory� thereof} thence with the run of the \r\\ �� ; •" Jorthwmrdl ■round to the and; tlorth sold Grist Y111 Branch so it wanders 7 p East of the residence of amid 0. n, Lovick} whence with the said pond, n�' ,. formerly known as the Powell K111 Pond" to Dark Drench"; thence with sold n •• _. Dark Branch as it meanders Southwordly to the point of BSCItIHIN'l. c.intaining n` 310 acres, more or leso. par a more particular description reference is hereDv ode to • Deed from Oeo. W. Lovick to Cecil J. Lovick recorded In Book 50 at pay,• 412. and other I related doode,0ffioe of Register of Deeds for Brunswick County, Torch Carolina. TO HAVE AND TO HOLD the above described trots or parcels of land, together with all yriwilegsa and appurtenances thereunto apportainlnbo unto the said party of the second pert, its successors and assigns, to its only use and bshoof forever. J And the sold party of the first part oovonans to and with the onld party of the onthnd part, its successors and anima, that he Ia Gsitod of the sold promises In roe and he the r right to oonvGy the soma in f a simple; that the onN& are Erse and clear of all ancuma; { [ and that he dos, hereby and will forever warrant and defend the title to the saw against _ f the claims of all persons whosoever. IN WrMr4 JHNPLOF, the sold party of the first part has hereunto Get hi■ hand and anal `. as of.the date first above written, Cecil J. Lovick (SEAL) (Revenue stamp 85.50) STATI,, OP NORTH CAROLINA C . COUNTY OP RRUN3,71CN f L �f Bellamy, Amat. Clark Superior Court, do hereby cortlfy that Cr.CIL J. I, Lorraine B. LOVICN personally appeared before me this day and acknowledged the due execution Of the r, f foregoing Dead for the purposes therein met forth. Witness my.hand and official seal, this the 28 day of July, 1955• . Let the saw be recorded. Lorraine M. Bellamy • t' Aamt, CLERIC SUPERIOR COURT. Piled for registration on the 28 day of July, 1955 at 3 P. V. and dully recorded, f e _ it, .•JOE 0. BROOKS,.PT AL S � !• M..C.'GORE. r . .STATE OP VORTN CAROLIIY - .. COUNTY OP BRUNSWICN ... . . ' THIS DEtia, Made and snared into this 27 day of June, 1955. by and between JIN RROOSS .old wife, ALINE NW.o s;10015, of Now Hanover County Worth Carolina PMNCF3 D. PURLONO and _ !. hwband, JORII FURLONG, in., of Nash and Brunswic�CCountlsG, ■ort�i Carolina, LU4 J. BROOKS, - 'a,; suable, ZELDA SPOORS. ainBIG, OEOROE 9, BRODd, slaslo JOR C. BROOKS and wife, ANN W. BROOKS and MANY K. BROOKS. of Brunswick County, North Carolins. parties of the first pert;.and 14, C. ' GORR. of Brunswick County.-forth Carolina. party of t!a ssoond.partf , I T N B 3 S R T R , "AT the amid portion;of the first port, for and in sonaidsretiay of the sum of OWE THOUSAIM AND 10/100 ($1000.00) DOLLARS AND OT'UR VALUABLE CONSID®tA23016, to teem Ln hand a • paid by the sold party of,the second part. the receipt of .high is hereby acknowledged, have barpined and sold and by these pressnts do hereby bargain, all and convoy unto the said party o! the amooad part. his heirs and aosign►. all thoa o sertain treat& or parcels of land, •n_y lying and bsins in Shallots Township, Brunswick County, lortt�rellno, end sore particularly .�`. described ■s fa,lowal .TRACT NO Ir BPJOINWINO at a point on the oal.n Led, ropreso ad by an )ran rod. ;y w a am point is south 77 3�► degrees vast 2T95 feet from an Stay rod he the lain lend, located •mots 24 I/4 degrees oont.fro& the Brooke Chl.he s w the •�( rmorge E. Brooke'ronudence, which said iron rod 1■ Lao ono and the sea referred ` } . Ab Ora to In the deed dated 29 March 1927, from J. P. 9onersetts to J. W. Brooks, as •.., o•,r, ,.�'. -` ��• recorded In Book 46, at pace 229, ofriae of the Rorister of Deeds for Umnswlok t•� County, Worth Caroline, wherein It is 1: arred to as "an iron rod located on . i the maln land Just seat of Tubbs Lsndinc and Immediately southward of the ••� r. present residence of George E. Brooks" and form said boginninc point run -ti� thence •ouch 24 1A degree• east to the low water murk on the Atlantis Ouan; '`� �. : .•'•C thence with the for wstar mark on the Atlantic Damon in a southwesterly ' direction to the dlvidinc line between lots No. 7 and B of the William Prink. •, subdivision of 1960 and 1860, ■s appears of record !n Deed Book T at psce 412, office of the Register of Deeds for Brunswick County, Worth �arolinw; thence with the dividing line of lots No. 7 end B in said subdivision, a■ 1L enders, tb the min land; themes with the grin land in en oRaterlT direetion �t a place and.polnt of BEGINNING. V. ` A "- A II. BEGIIRNIW6 et • point on the main land,'represanted by an iron ., the division line between lot No. B and lot No. 9, of the William Fr n divirion, so appears of record in Deed Book T, at pace 412, officeY. ' % of tti# grin of Doed■ for Brunswick County, North Carolina, and beLr the ona and se lnt a referred to in oald division as "the srin land" and running a in • southeasterly direction with the dividing line between - > said Iota B and 9 to the low rater mark on the Atlantic Ocean; thence r Q with tth rater srrk on the Itlantie Ocean, in • southwesterly direction, s to{Eyre t"-t corner of amid lot :foe 9 In amid division, now known an a '; �• ; , Y C_ V cod'ndt{,•�} rnor nith A•lph Price; thanes with the western line of said lot No. t y 1 • V •apQ�the line now of the said Ralph Price, due north to the said vain land; > rORe ith the main land In a easterly direction to the pleas and point of ,�.' •�• V:RAVE ANn TO AOLD the above deserlbod treats or paresis or lend, tocethar with all t -yrlr gee and appurtenances thereunto beloneing unto the *aid !arty of the second part, his O"hj and ustrne, to their only use and Mhoot wOR7,96R.. •• 111 �o ��• AND the said parties of the first part covenant to end-with the said party of the Csecond part, his heirs and ■satin, that they ere seised of the said premises in fee and hares 1 _ right to convey the same in fee simple; that the now is free and 61•aroaf'all ancuabraneas, µ and that they do hereby warrant and mill forever defend title.to the same against the lawful• �� 1 , ' - claim of all persons WHOMSOEVER. _ I' T=TIMOWY WHERF,OP; the sold portion of the first part have hereunto set their hands r 1 and seals, the day and year first above written, Jim Brooks (SEAL)k 1 • Aline N. Brooks. ((SEAL - •� ^114' John Purlonc Jr. (SEAL ..Nary E. Brooks (SUL Zelda Brooks (SFAL •�. (RVrl—TUE STAMP 636.85) - Lul• J. Brookm (SFAL) . , France■ B. Purlong (SEAL Oeorge B. Brooks (SEAL Joe 0 Brooks (9FJmL))) - Ann W. Brook■ (SEAL) -STAT? OF NORTH CAROLINA COUNTY OF RE-7 HANOY?7l •.,f' - ., - ll T. Catherine C. Brown, \OTAAY nBLIC. do haraby certify that JIM BROOKS and wife. ALINE i e 7. BROOK7, personally appeared before me this•day and acknowledged the,due ;keoution of the r rorecoing lnstrument. Witness mY band and notarial noel, this the 17 day of June, 1955. �+ 1 My commission expirest - Catherine C. Drown r 1 June 9, 1957. (N. P. Seal) NOTARY •PUBLIC • a STATE OP WORTH CAROLINA COUNTY OF WSW HABOVER - i I. Catharine C. Brown, NOTARY PUDLIC, do hereby certify that JOHN PURLON0, JR.: personally. ; appeared before ar this day and •cknool.dCad the due axe aution of the foregoing instrument. Witness my hand and notarial seal, this the 17th day of June, 1955, My Commission expires Catherine C. Brown June 9, 1957. IN. P. seal) NOTARY PUBLIO . ti STATE OF WORTH CAROLIIA . . :�..•. r , COUNTY or DRUM1ICK - . •. `. ;' '.' ' I: W. R.'Rolmea, NOTARY PUBLIC, do hereby oertiff that'JO9 C. BROOKS and wife, ANN f. •" BROOKS, VILA J. BROOKS, single, PRAWCKB S. MIRLOB0, 21M BROOKS. single, CILMS Er BRO0130: =10-, WAY R. BROOKS, personally appeared before ae this day ■red acknowledged the due •• };;,,• b exeautiom of the foregoing'lnstr%smnt. ritness'my hand mod notarial eaol, th1's'the 27 day'at'June,''1955.:' my Commission e%ppiresl qc A 'Holmes rapt- 5. 1956. (W. P. tt.ei)`'Y- '• "`NOTAkrf rDBLIo �., + + ;tip• 9?A Tit OF WORTS CAl1oLDG_� +�'i ..m' r' .' - A 1 .; t,�1 ( IC •`"w' BR=sAICH COUNTY The faregoing'airtiftoates. of Catharine C. Brown, Notary Public of New Hanover'County' and W, A. HoLrms Notary Public or Brunswick County are adjudged tote corroot, 'Let the•r, , rf (^ instrusnt,,with the'eartifiutai be registeredo �' �- � .cal .JltiS 1�'.� ,'a} �,• .. •< .w.•. 1.�1. S: BIN het s��' � .r•-•. -�.,�. .� •'.: witness my hand this the 24th day of Jul? 1955. t 1 d jLorraine H. Bellamy Aest. Clerk 3upeoior Court. Ate. .v �.. Piled for registration on the 20 day of Jul7, 1955 at 384$ P• N• and dull recorded. ell�•' AUSTIN L._8ZnM E? AL8 : Jj •tr .,.. ;. . ': -.,.:•. ' - TO •7. ;I '(• •1}ARI1AtlTi<.'DIUIa �•' .• .. '; �� t- t ► d! SLBDOB LUMBER 00,. IRC, ,;•, �. BLEB OF NORTH-CAROLIL,, . . F "COUNTY OF BRUNSWICK.' " . l\� •,•%•• THIS DEED,' Marla this the 1$ day or July, 1955, by and between AQSSD L.•tlSLbT7 AND YIPS, �L �\ •�'' :• LUMOI L. 8b51ATT, of tlw Hanover Comfy. tlorth Carolinai 0. P. WORTHINGTON AND YIPS, CHARLOTTS �;... .( L. WORTHINGTON, of New Hanover County, forth Carolinas Y. LLOYD LSONARD AND YIPS. . GARRIPAULINE 3- • .� LEONARD of Brunswick County, North Cerolinas THURMAN GARRI3 LSD YIPS, bZ.IZABETtl L. GARRI3, [tr{ •- ^` of Duplla Caucty, tlorth Carolina, and J. C. CLIMN AND YIPS, LYCSA L. CLIFTON,'or Columbus t'-• County, North Carolina, halre at law of Susan M. Leonard, deceased, parties of the first parts \ and SLEDGE L ?0M COMPANY, INCORPORATED, of Colusbua County, forth Carolina. Darty of the e second putt (ID '� - 1 Y I T I H S 3 3 T H _ ' • THAT the said parties of the first part, for and in oonaiderstion'of the sum of OS& �`` �• HUNDRED DOLLflS AND OTHER.VALUABLE Cur3lDIMTIONS to than in hand paid by the 3sid party of the ■eaoad part, the receipt of which is hereby acknowlsdged, have bargained and sold and t by those presents do hereby bargain, &all and coovq unto the said part? of the second put, F�r ..! it successors and assigns, all those certain tracts or parcels of land lying and being in Shallotte Township, Brunswick County, North Carolina, more particularly described as followat - 1 TRACT NO ll BDIIItNING at a ■taks. 'cornar of Lot No. 1 on the Georgetown Road; _ / rune'thenyoe r1tD the 11ne of Lot No. 1 north 30 degree west 160 poles to the �•: bask line; Lhenee with the bock line to the corner of Lot No. 3t' thence south 30 .t, degrees east 160 poles to the Georgstown Road; thence with said road 90 poles E to the BEGINNING, containing 60 acres, more or less. The sane being a part of _ \ 3. the lands described in that certain deed from John W. Tripp at al to Susan M. Leonard, dated hay 5, 1914, and duly recorded in Book 25 - Page 205, is the Office of the Register of Deeds of Brunswick County, North Carolina. TRACT0 2: BEOINNING on a stake on the Georgetown Road, a corner of Lot .. 'i o. runs thence with the line of Lot No. 2 n0rth 30 degrees wait 160 Poles to the back line) thence with back to the corner of Lot No. 4,) thence with line of Lot No. 4 south 30 degrees east 160 poles to the Georgetown 1 _ Road) thence with sold road to the BEGINNING, containing 60 sores, more or } fear, And being • part of the lands as described in that certain deed from John H. Tripp at al to Linn-le J. Tripp, dated Kay 5, 1914, and duly reoorded in Hook 25 - Dage 204, -Office of the Eagistar of Deeds of Brunswick County, North Corolla&. TO HAVE AND TO HOLD the above described tracts or psrcele of land, together with all prlTilegas and appurtenances thersunto balongine, unto the said party of the second part, Its aucceseor& and asolg.a, to its only use and behoof forever. - And the said parties of the first part oovonmt Co and with the said party of the uoond • part that they ors soised of the said premiseo in fee and have the rieht'to Convey the Saar in Ise sisplai that the sane are free and clear of all eneumbraness, and that the do hereby ms and will torover warrant and defoad the title to the Sa against the claims of all persons whomsoever. • IN WITNESS YHERSOP, the said parties of the first part have horeuntc act their hands end r '•seals as of the date first above written. i ` 1 Y. Lloyd Leonard 13YAL) �.. •�• I Pauline 0. Leonard (JEAL) •a Austin L. Hewett (SLAL) i• Lunde L. Rewett (SFAL► (Revenue Stamp 01:65)' - 0. P. Worthington (SaILJ 1 ��'•e # �.� .. , .- . . Charlotte L. Worthington Tr..urarn 0at•rls (YLAL) -._;. Elizabeth L. Carrie (SEAL) �•; Joel C. Clifton (3F.1L) • i 11� i, ..;' {.`y. Lyola L. Clifton (SEAL) •eS:, , STATE OF YOM CAROLINA. COOM OF NEW RAtl048R. L s r I, V. R. Johnson. NOTARY PUBLIC. do hereby certify that AUSTIN L. NEW PT AND 'PIPE, LUNDA- } ? y L. HEYSTT. personally Appeared before me this day and acknowledged the due e:eautica of_ths s ) foregoing dead tar the purposes therein set torte. ft.. r-k Coimtr--Register of Deeds Robert J. Robinson V 06/ 2 Hook 195 1331 : E �Cr 06/09/2004 00! 03:35:23In_R_ecll.__�4o� MAR 1 6 2005 e r�r`tiuz� DIVISION OF COASTAL MANAGEMENT STATE OF NORTH CAROLINA TAX I.D.NO.: 256PA032 BRUNSWICK COUNTY IN RE CLAIM OF )DECLARATION OF FINAL Sunset Beach and Twin Lakes,Inc. )RESOLUTION OF CLAIM TO SUBMERGED LANDS TAKE NOTICE: 1. Pursuant to G.S. 113-205, 113-206 and the rules promulgated thereunder, the Secretary of the North Carolina Department of Environment and Natural Resources,through his designee, the Director of the Division of Marine Fisheries,has issued a final resolution pursuant to G.S.113-206 and 15A NCAC 01 G.0103 concerning the submerged land claim originally filed by Surfside Development Corporation. 2. The lands subject to this final resolution are limited to those submerged lands which were claimed by Surfside Development Corporation pursuant to G.S.113-205 and are described more fully in the following: Deed Book 264 Page 30,Brunswick County Register of Deeds 3. As the successor In interest to the original claimant,Surfside Development Corporation,the current claimant,Sunset Beach and Twin Lakes,Inc.,asserted title to the submerged lands covered by the claim. 4. The interest now claimed by Sunset Beach and Twin Lakes, Inc. In the lands described has been denied as of December 31,2003. This final resolution does not affect or Impair the common law riparian or littoral rights running with lands located above the high water mark. 5. Notice of this final resolution has been duly served on Sunset Beach and Twin Lakes,Inc.by certified mail. 6. The Secretary directs that this declaration be recorded under Sunset Beach and Twin Lakes,Inc.in the grantor index and cross-Indexed under the State of North Carolina In the grantee index In the BRUNSWICK County Register of Deeds. This the day of_ �lQ// 20 Q4 WILLIAM G.ROSS,JR. Secretary Return to: By: N.C.Division of Marine Fisheries Preston P.Pate,Jr.,Director Attn: Jeanne J Hardy North Carolina Division of Marine Fisheries PO Box 769 Department of Environment and Natural Resources Morehead City INC 28557 Pursuant to 15A NCAC 01G.0103(3) Irst + 213642 Book 1957Page: 1332 THIS INSTRUMENT APPROVED AS TO FORM BY THE ATTORNEY GENERAL'S OFFICE ROY COOPER , Attorney General 11 By: I Special Deputy ttom Genera NORTH CAROLINA CARTERET COUNTY I,Jeanne J.HardY,a Notary Public,In and for the aforesaid County and State,do hereby certify that Preston P.Pate, Jr.,Director of the North Carolina Division of Marine Fisheries,personally known to me,personally appeared before me this day In said County and State and duly acknowledged the due execution of the foregoing Instrument of writing on behalf of the Se etary of the North Carolina Department of Environment and Natural Resources. Witness my hand and official seal this the day of D" 20A Notary Publio,�lot My Commission Expires: . <J�J.H,q 11-27-2004 ��.` •• ROB�, A- ��: � NOTARY (SEAL) • n_. PU13UC r /i NORTH CAROLINA ��'9,FAFr ' .•'�,+ O j^ COUNTY hurCOJ r�N�� �w iL Ofi>✓ STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK U The Foregoing(or annexed)Ccrtificate(s)of JEANNE J HARDY f Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 8th Day of June 2004 in the Book and page shown on the First Page hereof. RObEkTj.R INSON,Register of Deeds c . � �. ....... ~ _ :'%,' r}..l yea�4,�, •ii/a7 ,•?•'. '� �---r. RECORD OF DEEDS 46 - - L — - Pm { L "x, ��having been made in the sum of $200. into the bands of the Clerk of the Superior Court. NOW, THEREFORE, the said Mary E. Gandy, Guardian for Annie E. Caney, Carry oansy, s� f Charlie Ganey, Emma Ganey, .Dickey, Caney and Francis W. Caney, have bargained and sold end T. Gore, hie heirs by these presents does bargain, sell and convey unto the said S. and assigns forever all that certain tract or parcel of land located In Brunswick County North Carolina, bounded and described a: follows: j. BEGINNING at a dead pine; rune north 47 degrees west 36 poles to a stake; thence i north 2 degrees east 50 poles to n stake near a small branch; thence north 85 degrees , ) west 81 poles to an elm in Goodmane Branch; thence down amid branch about 92 poles to a holly tree; thence east 74 poles to the Beginning, contain 40 mores, more or lose, ry and known as the Jesse Drew tract of land and beingg the eRme land oonveyed by E11se Caney to John N. Caney, August 30th., 1901 reoorded in Book 68, at page 24 in the Office of the Register of Deeds of Brunewlok Oouniy, North Carolina. TO HAVE AND TO HOLD the said land unto the party of the second part, hie heirs and assigns forever in as full and ample manner an the said guardian is by law epowered m I ) to convey. IN WITNESS WHEREOF, the said party of the first part has hereunto met her hand i and seal as of the date first above written. Witneee:- 0. Ed. Taylor ' her A. T. Ncgeithan Nary E x Caney, Guardian (SEAL) mark STATE OF NORTH OAROLINA, COUNTY OF BRUNSWICK. r. I hereby certify that Nary E. Caney, Guardian, personally appeared before me thle day and acknowledged the due execution of the foregoingg deed. It is adjudged that the same is dui acknowledged. Let the deed and this oertlficate be recorded. This 14tb day of May, 192�(. f � e er o e uper or Court. Filed for record on the 14th day of May 1927, �I at 4 o'clock P. M. and duly recorded. O DEEDS. �(S DEED / J. F. SONERSETTE TO STATE OF NORTH CAROLINA........COUNTY OF BRUNSWICK...... � u r E R E E BRO KS ET AL v� THIS DEED, Made this 29th. day of March, 1927, by and between J. F. Somereette, widower, of Brunswick County, North Carolina, party of the first part, to George E. Brooke of Brunswick County, North Oarolina, and J. W. Brooks, o1 New Hanover County, North barolina, parties of the second part: / WITNESSETH, THAT WHEREAS, George E. Brooke, J. W. Brooke and J. F. Bomereette have been tenants in common of certain beach land located in 8hallotte Township, Brunswick County, North Carolina, on both sides of Tubbs Inlet, and have agreed upon a division, whereby said George E. Brooke and J. W. Brooke should have conveyed to them a certain agreed part of said lands as their share and portion from said J. F. Somereette, to be held by them as their property separate and apart from J. F. Somereette; and whereas a euivey has been run of the said beach lands to enable a didielon line to be oonetrnoted, f whereby George E. Brooke and J. W. Brooke shall have and own all to the west of said division lune up to a certain distance on the beach, known as the Thomas Frink Eastern line, the said J. F. Somereette shall own and have all such beach lands to the eaet of Bald division line up to a' certain division line, a distance of 59 chains and 6 ft from the Bald agreed line herein constructed; and the parties desiring to make deeds aecordingj� ly. NOW, THEREFORE, for the purposes aforesaid, and in consideration of the sum of $10.00 and other valuable,considerations paid to the party of the first part by the said parties of the second part, the receipt of which in hereby acknowledged, said party, of the first part has bargained :old and conveyed and by these presents does bargain, sell and convey unto the said parllea of the second part, their heirs and assigns, all the described beach land located in 8hallotte Townehip� Brunswick County, North Oarolina, ,bounded and deecribed as follone. BEGINNING at an iron rod on the Beach near the strand, the dividing corner ! which iron rod Is placed south 24 deg, east from an Iron rod looated on the main land uet east of Tubbs Landing and immediately southward of the present residence o1 Geo. Brooke, said beginning corner being on the strand somewhat to the east of Tubbs Inlet, and is now located where the tide sometimes over flows. Runs thence in a southwest- wardly direction aerodd Tubbs Inlet to the beach at low water mark; thence in a south- , westwardly direction with the beach at low water mark to the eastern line of Lot No. j, in the William Frink division; thence north 10 degrees west moroBO the beach to low .water mark; thence with the northern edge of the beach at low water mark in a north- 1 .!• i, saetwardly direction to the aforesaid agreed dividing line; thence south 24 deg. cast ;to the point o1 Beginning, and being lntedded to convey my entire interest in the beachd �iland, lying between the above mentioned dividing line and the eastern line of Lot No. ,of the William Frink division. TO HAVE AND TO HOLD the aforesaid tract or parcel of land, and all privileges and appurtenances thereto belonging, to the said parties of the second party their heirs i !jand assigns, to their only use and bebooltforever. , • . AND THE SAID PARTT OF THE TIRST PART, Tor. , himself and his "Its, executors and I i � a I1 r Y1'C¢ 'YxnRi?r �1��N1 "rtrt*nv+'. r r r^rr: •t r rr !� "CURD"OP DEEDS46 I 229 M adm inistratore covenant with said rties of the second part, their heirs and &@signs, that he is seised of said premises n fee and has right to convey in tee simple; that q the same are free and clear from all encumbrances and that he does hereby forever warranti and will forever defend the said title to the same against the olaime of all persons II whomsoever.. • j IN T18TIUONY WHEREOF The said party of the first part has hereunto set his hand and seal, the day and year h rat above written. J. T. Somereette, (SEAL) STATE Of NORTH UAROLINA, COUNTY Of BRUNSWICK. I L. C. Bland, Notary Public, hereby certify that J. r. Somereette, widower, ereonaliy appeared before me this day and acknowledged the due execution of the annexed ad of Oonveyanoe for the purpose@ therein eat forth. r► �i�� Witness my hand and Notorial Seal, this 27 day of April, 1927. i I 9 A � L. 0, Bland, ) _ t - _ ( N. P. SEAL) Mary Public. 9 D C My commission-expires June 26, 1926. e►TC Of NORTH CAROLINA, D O N C COUNTY Or BRUNSWICK. Z Z a —a The foregoing annexed certificate of L. 0. Bland a Notary Public in and for the D � County of Brunswick and State of N. 0. under his official seal is adjudged to be oorreot. �i b Le the instruoent and the certificate be registered. rn T1 h Witness my hand this the 5" day of Lay 1927, a rM J Ethel t z 1l — epu y er Super or curt. Tiled for record on the 5th day of May 1927, ti j at 11 o1olook A. M., and duly recorded. IRIGISTER OF DMU. II ) DEE 1 V OEOD E. BROOES ET. UX. . TO STATE OT NORTH CAROLINA.......COUNTY OF BRUNBWIOE...... � ROM DEED, - HIS jade this 18th day of April 1927, by Goo. E. Brooks and wife, Stella A. Brooke of Brunswick County and State of North Carolina of the fires part, to J. W. Brooks, 01 New Hanover County and State of North Carolina of the second parts WITNEBBETH, That said parties of the first part, for good and valuable consider- ations and in further, consideration of QNE HUNDRED AND N0/1001e Dollars to them paid by said J. W. Brooke, the receipt of which is hereby aoknowledged, have bargained and sold j Viand by these presents do grant, bargain, sell and oonvey to said J. W. Brooke, his heirs • and assign a certain tract or parcel of land in Brunswick Oounty State of North (Carolina, :Ajolning the lands of Brooke at al, in Shallotte township, and other, and j bounded as follows, viz.t BEGINNING at a stake in the run of Indigo Branch at the road; rune thence North, 98 deg. East, 940 feet parallel with the road to a stake at the Seaside road; thence twith said road North, i0 deg. West, 322 feet; thenoe North 12 deg. West with the road, I . IIj3 548 feet to n stake at the canal In t: s big swamp; thenoe with the canal South 82 deg. Nbeet 60 feet to a stake in J. W. Brook'@ eastern line of the W. J. Williamson ex tract; ' thence South 9 deg. East, 3,012 feet to a stake; thence South 32 deg. West, 200 feet to n small red bay in the head of Indigo branch, thence down the run of said branch, about I 800 feet to the beginning, oontaining nineteen sores, more or lees. The above mentioned and described lands were, surveyed for 0. 1. Brooke, by IE. H. Hewett Surveyor April 5th 1927, as per plot attaohed. hereto. TO HA�E AND TO MOLD the aforesaid tract or parcel of land, and all privileges 1 and hppurtenanoes thereto belonging, to the said J. W. 'Brooks, his heirs, and aeeigne, j. to their only use and behoof forever. And the said parties of the first part, for themselves and their heirs, party of the second part, his heirs executors, and ad-mini etraotre covenant with said j and aeeibYne that they are se:za, of Bald premises in fee and have right to convey 1n (fee simple; ,that the same are free and olear from all encumbrances, and that they do rt•� :'� f� hereby forever warrant and will forever defend the said title to the same against the l clai= of all paraor.a whomsoever. IN TESTIMONY WHEREOF, the said parties of the first part have hereunto set their , hands and seal, the day and year first above written, Goo. E. Brooks, (SEAL) Stella A. Brooks, (SEAL) STATE Of NORTH CAROLINA, COUNTY Or BRUNSWIOK. 1 B. K. Gore, J. P., do hereby certify that Goo. E. Brooks, and Stella A. Brooke his wife, personally appeared before me this day, and aoknowledged the due execution of the annexed Deed; and the said Stella A. Brooks, being by me privately dexamined separate and apart from hsr said husbw , touching her voluntary execution of , . • „ the same, doth state Ghat she signed the same freely and voluntarily without fear or .. . ..,