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HomeMy WebLinkAbout25-03 Basnett, Howard Wayne & Basnett Jr., Robert D. y Permit Class Permit Number NEW 25-03 (By CRC STATE OF NORTH CAROLINA Variance) Department of Environment and Natural Resources and Coastal Resources Commission r r m it for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Howard Wayne Basnett & Robert D. Basnett,Jr., PO Box 233, Frisco, NC 27936 Authorizing development in Dare County at adi. manmade canal off Pamlico Sound, off NC 12 (across from SR 1406) in Frisco , as requested in the permittee's application dated 6/25/02. including attached the workplan drawings (2), 1 dated 7/25/02& 1 dated 4/1/02 and CRC Variance Order VR 02-2002-21 dated 1/31/03. This permit, issued on February 24,2003 , 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. Gravel Driveway and Wooden Bridges 1) This permit authorizes the construction of the gravel driveway access and three wooden bridges crossing coastal wetlands that are expressly and specifically set forth in the permit application and depicted on the attached workplan drawings. 2) The alignment of the authorized gravel driveway access and coastal wetland bridge crossings must be staked prior to the start of construction. This staked alignment shall be approved by a representative of C the Division of Coastal Management prior to the commencement of any construction of the driveway access and coastal wetland bridge crossings. 3) No coastal wetlands will be excavated or filled. (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. rpcl (/ Donna . Any maintenance work or project modification not covered Moffitt, DirectorDivision of Coastal Management hereunder requires further Division approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2006 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee r . t Howard Wayne Basnett & Robert D. Basnett, Jr. Permit#25-03 Page 2 of 4 ADDITIONAL CONDITIONS 4) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 5) All fill materials will be confined above normal water line and landward of regularly or irregularly flooded marsh behind adequate retaining structures to prevent spillover of solids into any marsh or surrounding waters. 6) No fill material is to be placed within 30 feet of the normal water line, except that which will be used to construct the gravel driveway. 7) The fill material will be clean and free of any pollutants except in trace quantities. 8) All fill material will be obtained from a high ground source. 9) In accordance with commitments made by the permittee, the wooden bridges must be elevated a minimum of three feet over the coastal wetland substrate as measured from the bottom of the decking. 10) Within the 30 foot buffer, all runoff from the driveway shall be directed away from the water so as not to increase stormwater runoff. Single-Family Residential Structure 11) This permit authorizes the construction of the single-family residential structure that is expressly and specifically set forth in the permit application and depicted on the attached workplan drawings. 12) No portion of the single-family residential structure shall be located within 30 feet of the normal water line. 13) The 30 foot buffer line must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the buffer line to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. NOTE: In order to avoid unreasonable danger to life and property, all development should be designed and placed so as to minimize damage due to fluctuations in ground elevation and wave action in a 100 year storm. Any building constructed should comply with the North Carolina Building Code and the local flood damage prevention ordinance as required by the National Flood Insurance Program. 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). Docking Facility 14) This permit authorizes only the dock and access pier located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 4* Howard Wayne Basnett & Robert D. Basnett,Jr. Permit#25-03 Page 3 of 4 ADDITIONAL CONDITIONS 15) The dock and access pier shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. 16) Any portion of the permitted access pier and docking facilities built over coastal wetlands must not exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 17) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 18) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 19) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 20) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 21) The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 22) This permit authorizes a maximum of two boat slips. At no time shall more than vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. Sedimentation and Erosion Control 23) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 24) 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.). 25) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. - 1 *'6' Howard Wayne Basnett & Robert D. Basnett,Jr. Permit#25-03 Page 4 of 4 ADDITIONAL CONDITIONS Stormwater Management 26) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW7020801 on 10/2/02. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. General 27) Any portion of the access pier located within 30 feet of the normal water level shall be elevated, slatted and constructed of wood. 28) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 021199. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id. No. 200210932) which was issued on 8/5/02. A• NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G, Ross Jr., Secretary February 24, 2003 Mr. Howard Wayne Basnett& Mr. Robert D. Basnett,Jr. P.O. Box 233 Frisco,NC 27936 Dear Mr. Howard Basnett&Mr. Robert Basnett: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff-colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS 113A-121.1 or 113- 229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor,it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit,you will be helping to protect our vitally important coastal resources. Sincerely, Douglas V. Huggett Major Permits and Consistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Howard Wayne Basnett & Robert D. Basnett, Jr. PROJECT NAME : James Phillips 2 LOCATION OF PROJECT SITE: NC 12, Frisco, Dare Co., man-made canal to the Pamlico Sound Photo Index- 2000: 172-2016, U-W 8; 1995: 172-1760, T-V 9 State Plane Coordinates, X: 3006000; Y: 558000 GPS C072413A 3. INVESTIGATION TYPE: CAMA/D &F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—May 24 & July 24, 2002 Was Applicant Present—Yes (Agent) 5. PROCESSING PROCEDURE: Application Received Complete—July 25, 2002 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan-Dare County Land Classification From LUP - Conservation (B) AEC(s) Involved: Public Trust Area, Estuarine Waters, Estuarine Shoreline, Coastal Wetlands (C) Water Dependent: yes (D) Intended Use: Private (E) Wastewater Treatment: Existing—none at this time; Planned - septic tank-drain field (F) Type of Structures: Existing-none at this time; Planned- single family dwelling bulkhead, driveway with 3 private bridges & dock; (G) Estimated Annual Rate of Erosion: NA Source - Applicant 7. HABITAT IMPACT DESCRIPTION: [AREA] EXCAVATION FILL SHADING (A) Coastal Wetlands (B) Public Trust/Estuarine 450 sf, .01 A Waters (C) Upland/Estuarine Shoreline 3,300 sf, .076 A (D) Total Area Disturbed: 3,750 sf., .086 A (E) Primary Nursery Area: No (F) Water Classification: SA; closed to shellfish harvest 8. PROJECT SUMMARY: This project involves the construction of a gravel driveway with three coastal wetland-bridge crossings to access a single-family residential building site,within 75 ft of waters that connect to the Pamlico Sound in Frisco,Dare County. Construction will also include,the installation of a small sewer force main along the driveway road grade to an upland area septic tank drainfield, and the installation of a private dock along the shoreline adjacent to the residence. T I Howard Wayne Basnett &Robert D. Basnett, Jr. Dare County Page 2 FIELD INVESTIGATION REPORT Project Setting The application site is located across from Robin Lane/SR 1406, north of NC 12, in Frisco, Dare County. The site consists of two separate adjacent 2.67-acre parcels that are situated between NC 12, and a fork in an adjacent man-made canal system that connects to the Pamlico Sound. The site is approximately 1,000-ft southeast of the Pamlico Sound. According to the North Carolina General Warranty Deed provided with the CAMA application,these parcels are presently owned by Howard Wayne Basnett & Robert D. Basnett, Jr. The property is a vacant tract of land with approximately 234-1f of road frontage along NC 12, and 840-1f of canal frontage. The application package also includes two `Offer to Purchase and Contract' documents from James H. Phillips to the current property owners: one to purchase Parcel# 1 from Robert D. Basnett, Jr. and one to purchase Parcel #2 from Howard Wayne Basnett. The application platwork has been prepared in the name of `Phillips Property', and the application project name is given as `James Phillips'. A review of the USGS topographic quad map for this vicinity indicates that the site elevation near, NC 12, is between 15 and 25 ft above MSL,with a knoll on a front(southeastern)portion of the site that, in one area, may exceed the 25 ft above MSL elevation. Portions of the site adjacent to the existing canal are approximately 2 to 5 ft above the NWL.These parcels are vegetated in both upland and wetland type vegetation.Approximately 2.47 acres of the site consists of upland areas vegetated in a canopy of primarily eastern cedar,live oak,and pine species,and an under-story-ground cover of wax myrtle,yaupon holly,sweet bay magnolia,palmetto, and greenbrier. Wide and diverse coastal marsh areas exist between the Pamlico Sound and these upland areas. Along the eastern side of Parcel #2, a narrow ridge extends north from the primary upland portion of the site toward the existing canal that extends east and southeast. This ridge extends to an upland area and a remnant spoil bank that exists along much of the canal shoreline. These upland areas are vegetated in live oak, cedar and pine; however, some of these areas directly adjacent to the water are lower in elevation, and are vegetated in Cladium jamaicense, Spartina alterniflora, Juncus roemerianus, Scirpus spp.,Typha spp.,Distichlis spicata,Borrichia frutescens,and Spartina patens.These wetland areas are connected hydrologically to the nearby canal, and the large coastal marsh that dominates most of the site. These wetlands extend across the above-described `narrow ridge' in several areas. _. These `upper' portions of the marsh that have migrated across this ridge are vegetated in Cladium jamaicense and Sp. patens. Approximately 2.5 acres of the two parcels, combined, is vegetated in coastal and/or freshwater wetland plant species. The remainder of the plated project area, not previously referenced above,consists of public trust waters of the adjacent canal(approximately 0.4 acres). The adjacent riparian property to the east is owned by Fredrick C. Johnson. Much of this adjacent property appears to have been filled previously,and the shoreline along this property is bulkheaded. The adjacent riparian property to the west is owned by the Oden Brothers,LLC. This adjacent tract appears to extend entirely to the Sound from NC 12, and consists of similar topography and vegetation as the `Basnett' parcels. The canal width is approximately 40-ft. The water depths vary between 1.0 and 4.0-ft below the NWL. Water depths observed during the most recent site visit were greater than one foot, at a distance of 3-ft offshore, at NWL. The application platwork indicates that the water depth, 6-ft offshore, is 1.5-ft at NWL. The canal bottom was not visible on the day of the most recent site T vI Howard Wayne Basnett &Robert D. Basnett, Jr.,Dare County Page 3 FIELD INVESTIGATION REPORT evaluation. No significant areas of submerged aquatic vegetation were observed from the shoreline during the application site visit. A remnant bulkhead structure exists on Parcel#2 at an area along the shoreline of the canal near the `Johnson' property. The waters of these canals carry the same water classification as the Pamlico Sound. The North Carolina Environmental Management Commission has designated these waters as `SA' waters (suitable for shellfish propagation and harvesting);however,the waters in this vicinity are closed to the commercial harvest of shellfish. The North Carolina Marine Fisheries and Wildlife Resources Commissions classify the waters of the Pamlico Sound as Coastal Waters. During the site investigation, no shellfish were observed along the water bottom. Juvenile finfish and some crustaceans were observed within the waters and wetlands along the shoreline. The Coastal Resources Commission(CRC)has also designated these waters as Estuarine Waters and Public Trust Areas of Environmental Concern (AEC). Also under the designation of the CRC, a Coastal Shoreline AEC extends in a contour of 75 ft landward of the NWL. The CRC has also designated coastal wetland vegetated areas, like those described above, as Coastal Wetland AEC. kE2k t Description Howard Wayne Basnett and Robert D. Basnett, Jr. are co-applicants for this CAMA Major Permit application. The application proposes to construct a driveway with three coastal wetland-bridge crossings to access a single-family residential (SFR) building site, within 75-ft of the above referenced canal. This application also concerns the construction of this SFR. In addition, construction will also include the installation of utilities along the driveway grade,and the placement of a private dock to access the adjacent canal from the SFR. The proposed access driveway will consist of an approximately 900-ft long fill roadway with three proposed bridge crossings.The roadway will be for private use and the alignment will run northwest from NC 12 toward the canal and spoil bank upland area adjacent to the canal, and proceed in an east-west direction. The roadway and bridge approaches will be cleared to a maximum width of 12- ft, and will be graded and backfilled with 6-inches of ABC gravel material. It is estimated that 140- cy of gravel will be placed and graded along the proposed driveway. The driveway bridges will extend across wetland areas that receive regular or occasional inundation from the connecting waters of the Pamlico Sound.These crossings will consist of pile supported 12— ft wide wooden bridges.Each will be elevated a minimum of 3-ft above any wetland substrate. The first bridge is located on Parcel#2,and will cross an area that is approximately 108-ft wide along the previously described `ridge'. The second bridge is located just west of the property line between Parcel #1 and Parcel #2. This bridge will be aligned parallel to the canal, and cross a 30-ft wide wetland area. The third bridge is approximately 20-ft west of the second bridge, is also aligned . V � S Howard Wayne Basnett &Robert D. Basnett, Jr.,Dare County Page 4 FIELD INVESTIGATION REPORT parallel to the canal, and will cross a 12-ft wide wetland area. All the bridge structures and approximately 380 ft. of the driveway are within of the Coastal Shoreline 30' buffer. With this location the buffer,the entire road grade of the driveway avoids the placement of any fill in wetland areas. ' The proposed SFR will consist of a 1,500-sf footprint,and will be situated at the northwest corner of Parcel#1. The proposed dwelling will include a 50-ft by 8-ft un-covered deck along the north side of the dwelling. The waterward edge of this deck will be 34-ft from the NWL. The entire dwelling will be outside of the 30-ft Coastal Shoreline buffer, and as proposed,will not result in the filling of any wetlands. The residence's sanitary wastewater will be treated by a septic tank-drainfield that will be situated in an upland area at the southwest corner of Parcel#1,near NC 12.The influent will be pumped through a small force main that will run along the driveway alignment to the septic tank location. A `drainfield-repair area' has also been delineated adjacent to the proposed drainfield location. This application does not indicate a proposed alignment for any other utilities. It is assumed that the residence will connect to the County water system for potable water supply, and phone and electric services will be supplied by local contract suppliers. It is anticipated that the installation of these utilities may be proposed to cross the existing marsh area due to the higher expense associated with the cost to install these services related to length of the utility lines. The direct connection straight across this marsh area would be a considerably shorter distance. This work could be authorized through a CAMA General Permit (7H .1600) or a CAMA Major permit modification at a later time. The proposed dock will consist of a walkway and a `T'. This dock structure will consist of a 5-ft wide,raised walkway that will extend from the house deck to the NWL,or just beyond.A 6-ft wide `T' will extend east-to-west over the water along the shoreline. According to the plat the proposed dock structure will be at least 70-ft from the closest riparian neighboring property line. The application does not indicate any designated mooring slips. Due to the existing canal depth and width, it is projected that this dock structure will provide only one mooring slip. This application and platwork did not indicate the placement of any additional pilings for mooring tie-offs. The dock structure is proposed for private use of the property owner. This proposal does not include any maintenance excavation of the adjacent canal bottom areas waterward of the NWL.No platforms or walkway areas wider than 6-ft are proposed over any coastal wetland or public trust areas. Anticipated Impacts The anticipated impacts of this project are associated with the proposed 900-ft driveway and three bridge crossings. In addition, some impacts are also attributed to the proposed 1,500-sf SFR within the Estuarine Shoreline, and the shading of coastal wetlands and public trust areas that will occur from the proposed raised walkway and dock structure.The construction of these,and the over-all site work,will also result in at least,temporary impacts from sedimentation into the adjacent waters and wetland areas. Other than the driveway this project does not propose any non-water dependent use development within any coastal shoreline or public trust areas. While the driveway represents a non- Howard Wayne Basnett & Robert D. Basnett, Jr.,Dare County Page S FIELD INVESTIGATION REPORT water dependent use within the 30 ft. buffer, this location of the driveway minimizes portential impact that the driveway could have upon wetland areas. Impact on the buffer is not so significant as it might be in many cases because of the unique configuration on this lot where essentially the entire 30 ft. buffer is surrounded by-water and wetlands and does not need to mitigate run-off from adjoining high ground. ' The proposed driveway alignment will result in approximately 10,800-sf of land disturbance and . impervious surfaces, and the placement of approximately 140-cy of gravel or roadway material fill on upland areas within the Estuarine Shoreline AEC. The proposed elevated bridge crossings and raised walkway will result in the shading of approximately 1,800-sf of Coastal Wetland AEC. The proposed dock will result in the shading of approximately 450-sf of Estuarine Waters and Public Trust Area. The proposed SFR will also result in at least 1,500-sf of impervious surfaces within the Estuarine Shoreline AEC. The proposed driveway and bridge-crossings will allow access to the upland areas identified in this project,which in turn,will provide one,and possibly,two upland home sites. The driveway will also provide an access to the proposed dock location that will provide access to Public Trust Area of the Pamlico Sound. The home site and deck are outside of the Coastal Shoreline Buffer. However as proposed, the driveway and bridges are within the Coastal Shoreline Buffer. All of the proposed work will avoid the filling or excavation of any wetlands. The project has been planned and - proposed to minimize impacts to coastal resources. The project will not result in any fill or excavation of any Public Trust Areas. The project will not interfere with any riparian access or Public-Trust Area navigation. Hatteras Island is known to be rich in archaeological- and cultural resources: An inspection of _ mapping data on cultural resources revealed that archaeological or cultural resource findings have been recorded on these maps the Frisco area. This review indicates that sites have been identified that appear to be on or inclose proximity to this project. It is important to reiterate that Hatteras Island has a rich heritage in cultural resources, and these maps have not been updated in at least 10 years. The potential for the discovery of additional cultural or historical resources is possible. Submitted by: Dennis W. Hawthorn Date: July 29, 2002 Quible Quible &Associates, P.C. P.O.Drawer870 IQtfy Hawk,NC 27949 ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING Phone:252-261-3300 SINCE 1959 Fax 252-261-1260 PRINCIPALS Sean C.Boyle,P.E. Joseph S.Losstter,C.E.P. Eduardo J.Viodivieso,P.E. July 19, 2002 ASSOCIATES Joseph J. P.E. David S.Neff Mr. Dennis Hawthorne NC Division of Coastal Management PROTEFIVED 1367 US 17 South Elizabeth City,NC 27909 Jut Re: Major CAMA Permit Application-Phillips property-Frisco, NC COA8TA'i'hii+V4ATa�{+> -NTH Dear Mr. Hawthorne: The purpose of this document is to provide a narrative description of the proposed project. The subject property is an approximately 62,381 sf parcel of land located adjacent to NC 12 adjacent in Frisco,Dare County,North Carolina. The project proposes the construction of three separate bridges over coastal wetlands which total 150 linear feet, a 6' wide by 75'long platform for the private use of the residents of the property, and a single family residence within the 75' AEC. Currently the property is vacant and there are no existing improvements on the subject property. The proposed project will provide water access to a 15,090 sf upland portion of the property located on a canal that connects to the Pamlico Sound. The access easement will cross three sections of coastal wetlands by constructing three separate 12'wide bridge sections a minimum of three feet above the existing wetlands. The proposed road will provide access to a 6' wide by 75'platform on the canal and a single family residence that will be constructed landward of the 30 ft.. A 6' wide walkway on the upland portion of the property will provide access to a 6' wide by 75' long platform on the canal. A total of 9,500 sf of impervious coverage is proposed within 75'AEC (15.4%). Impacts within the 30 ft. buffer are limited to the access road which covers 4,046 sf within the buffer area. The proposed wastewater system for the residence will include a grinder station located adjacent to the residence, which will pump the effluent through a force main that runs within the easement boundaries to a LPP wastewater system located on a upland portion of the property adjacent to NC 12. In the locations where the force main crosses coastal wetlands a directional drilling process will be used. The process will drill under the wetlands from uplands to uplands without impacting the existing wetlands. Enclosed with this correspondence are 30 copies of a blue line plat that depict the development proposed, DCM- MP Forms#1, 3 and 4, a check for$250.00 made out to NCDENR, a copy of the contract to purchase by Mr. James Phillips, and the certified mail receipts. Thank you for your attention to this information. If following review you have questions or need additional information please contact me at 252-261-3300. Sincerely, Quible and Associates, P.C. Doug as A. Dorman cc: James Phillips APPLICATION (To be completed by all applicants) d. Is proposed work within city limits or planning 1. APPLICANT jurisdiction? X Yes No a. Landowner: e. Name of body of water nearest project (e.g. river, Robert D. Basnett, Jr. & creek, sound,bay) Pamlico Sound Name Howard Wayne Basnett Address PO Box 233 3. DESCRIPTION AND PLANNED USE City Frisco State NC OF PROPOSED PROJECT Zip 27936 Day Phone N/A a. List all development activities you propose (e.g. Fax building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. b. Authorized Agent: Construction of a single family residence within the 75' AEC. Construction of a 20'wide driveway with portions Name Ouible &Associates within the 30'buffer for access to the proposed residence and private boat dock. 150'of the access road will be Address PO Drawer 870 bridged over existing coastal wetlands. The enclosed plat and narrative describe the-proiect in more detail. City Kitty Hawk State NC b. Is the proposed activity maintenance of an existing project,new work, or both? New work Zip 27949 Day Phone (252)261-3300 C. Will the project be for public,private or commercial use? Private Fax (252)261-1260 d. Give a brief description of purpose, use, methods of construction and daily operations ofproposed project. c. Project name (if any) Phillips CAMA Major If more space is needed, please attach additional pages. The single family residence is beingproposed and NOTE: Permit will be issued in name of landowner(s), and/or an access road will be constructed in order to provide project name. vehicle access to the residence and boat dock. 2. LOCATION OF PROPOSED PROJECT a. County Dare " F `� b. City, town, community or landmark Frisco c. Street address or secondary road number NC 12 Revised 03/95 Form DCM-MP-1 4. LAND AND WATER in. Describe existing wastewater treatment facilities. None CHARACTERISTICS a. Size of entire tract_ 240,451 SF(5.52AC.) n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) 116,305 Sf(2.67 AC.) wastewater, ,industrial/commercial effluent, "wash down" and residential discharges.) Surface runoff c. Approximate elevation of tract above MHW or NWL o. Describe existing drinking water supply source. d. Soil type(s)and texture(s) of tract Public water supply Duckston fine sand e. Vegetation on tract Juniperus virginiana, Myrica 5. ADDITIONAL INFORMATION cerifera, Quercus virginiana, Juncus roenieranus. Toxicondendron radicans. Baccharis hamifolia. In addition to the completed application form, the f. Man-made features now on tract N/A following items must be submitted: • A copy of the deed (with state application only) or g. What is the CAMA Land Use Plan land classification other instrument under which the applicant claims title of the site? (Consult the local land use plan) to the affected properties. If the applicant is not claiming to be the owner of said property,then forward Conservation X Transitional a copy of the deed or other instrument under which the _Developed Community owner claims title, plus written permission from the Rural Other owner to carry out the project. h. How is the tract zoned by local government? RS 1 • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black i. Is the proposed project consistent with the applicable ink on an 8 ''/z" by 11" white paper. (Refer to Coastal zoning? X Yes No Resources Commission Rule 7J.0203 for a detailed (Attach zoning compliance certificate, if applicable) description.) j. Has a professional archaeological assessment been Please note that original drawings are preferred and done for the tract? Yes X No only high quality copies will be accepted. Blue-line If yes, by whom? prints or other larger plats are acceptable only if an adequate number of quality copies are provided by k. Is the project located in a National Registered Historic applicant. (Contact the U.S. Army Corps of Engineers District or does it involve a National Register listed or regarding that agency's use of larger drawings.) A site eligible property? or location map is a part of plat requirements and it Yes X No must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or 1. Are there wetlands on the site? X Yes No secondary road(SR)numbers, landmarks, and the like. Coastal (marsh) X Other If yes,has a delineation been conducted? Yes See enclosed plat. (Attach documentation, if available) Revised 03/95 'Form DCM-MP-1 • A Stormwater Certification, if one is necessary. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners I understand that any permit issued in response to this have received a copy of the application and plats by application will allow only the development described in certified mail. Such landowners must be advised that the application. The project will be subject to conditions they have 30 days in which to submit comments on the and restrictions contained in the permit. proposed project to the Division of Coastal Management. Upon signing this form, the applicant I certify that to the best of my knowledge, the proposed further certifies that such notice has been provided. activity complies with the State of North Carolina's approved Coastal Management Program and will be Name Fredrick C. Johnson conducted in a manner consistent with such program. Address PO Box 421, Frisco.NC 27936 Phone I certify that I am authorized to grant,and do in fact,grant permission to representatives of state and federal review Name Oden Brothers L.L.C. agencies to enter on the aforementioned lands in Address PO Box 177 , Hatteras,NC 27943 connection with evaluating information related to this Phone permit application and follow-up monitoring of the project. Name I further certify that the information provided in this Address application is truthful to the best of my knowledge. Phone • A list of previous state or federal permits issued for This is the 25th day of June, 2002. work on the project tract. Include permit numbers, permittee, and issuing dates. Print Name Doug Dorman, Ouible &Associates, P.C. None Signature Landowner or Authorized Agent • A check for $250 made payable to the Department of Environment,Health,and Natural Resources(DEHNR) to cover the costs of processing the application. Please indicate attachments pertaining to your proposed project. • A signed AEC hazard notice forprojects in oceanfront and inlet areas. _ DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development • A statement of compliance with the N.C. X DCM MP-4 Structures Information Environmental Policy Act(N.C.G.S. 113A- 1 to 10) DCM MP-5 Bridges and Culverts If the project involves the expenditure of public funds DCM MP-6 Marina Development or use of public lands, attach a statement documenting NOTE: Please sign and date each attachment in the compliance with the North Carolina Environmental space provided at the bottom of each form. Policy Act. Revised W/95 Form DCM-MP-3 UPLAND t 7:�,f,60VED JUL 2 2 2002 DEVELOPMENT ,� . r CEMENT COASTAL AL MANAGEMENT ELIZABETH CITY (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major i. Describe proposed method of sewage disposal. Permit, Form DCM-MP-1. Be sure to complete all other On site wastewater system. Grinder station to be sections of the Joint Application that relate to this pumped to LPP system located on upland portion of proposed project. property adjacent to NC 12. a. Type and number of buildings, facilities, units or j. Have the facilities described in Item i. above received structures proposed 1 single family residence state or local approval? No Permit has been requested at this time. (Attach appropriate documentation) b. Number of lots or parcels Two k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, c. Density (give the number of residential units and the sanitary wastewater, industrial/commercial effluent, units per acre) lresidenceper 1.35acres "wash down" and residential discharges). Runoff from buildings and gravelparking areas will be routed to remaining open areas of the undeveloped d. Size of area to be graded,filled or disturbed including portions of the property via site grading. roads, ditches, etc. 7,604 sf 1. Describe proposed drinking water supply source(e.g. e. If the proposed project will disturb more than one acre well, community,public system, etc.) of land,the Division of Land Resources must receive Dare County public water supply an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If m. Will water be impounded? Yes X No applicable, has a sedimentation and erosion control If yes,how many acres? plan been submitted to the Division of Land Resources? Yes X No n. If the project is a oceanfront development, when was If yes, date submitted the lot(s)platted and recorded? NA f. List the materials (such as marl,paver stone, asphalt, or concrete) to be used for paved surfaces. Gravel Doug Dorman. Ouible & Associates. P.C. driveway. Applicant or Agent for Signature g. Give the percentage of the tract within 75 feet of June 25, 2002 MHW or NWL, or within 575 feet in the case of an Date Outstanding Resource Water, to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 15.4 % 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 Environmental Management for review? Yes X No If yes, date submitted Revised 03195 Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major f. Mooring structure (boatlift, mooring pilings, etc.) Permit, Form DCM-MP-1. Be sure to complete all other (1) Commercial_Community_Private sections of the Joint Application which relate to this (2) Number proposed project. (3) Length ' (4) Width a. Dock(s) and/or Pier(s) (1) _Commercial_Community X Private Cr. Other(Give complete description) (2) Number (3) Length (4) Width (5) Finger Piers _Yes X No (i) Number (ii) Length (iii) Width (6) Platform(s) Yes X No (i) Number 1 Doug Dorman, Ouible&Associates (ii) Length 75' Applicant or Authorized Agent (iii) Width 61 '__-_- , n�_�, (7) Number of slips proposed Signature_-` (8) Proximity of structure to adjacent riparian property lines 83', 525' '"nC"" 2- (9) Width of water body 45' Date (10) Water depth at waterward end of pier at MLW or NWL 3.0' avt?.' b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length (3) Width :. AE0 c. Groin (e.g. wood, sheetpile, etc.) N/A (1) Number JUL 2 2 1,90) (2) Length(s) COASTAL MANAGEMENT d. Breakwater(e.g. wood, sheetpile, etc.) N/A ELIZABETH CITY (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands e. Mooring buoys N/A (1) _Commercial_Community_Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s)to be placed beyond shoreline Revised 03195 e W07H VARIES FROM EDGE Of GRAVEL.7O CANAL MN"M 30' V,01H VARIES FROM EDGE STILT FENCE TO 12' GRAVEL SURFACE GF GRAVEL 1O%EnAms BE INSTALLED CROWNED SIILT FENCE TO 1/4" PER FT 1/4" PER FT BE INSTALLED EXISTING CANAL ' NWL 11-1!i 11I - I I I i =i I I = I �=t �--T=1 r'—err,9 r )I I�I I I _ i „ . _ { I-I I =ITT--(�! r—�i T i=I 11=1_ EX15TI NG HETLANDS -- . �!'=1il�llr ,ll� 1=l11„III��,�I'IEt_' SUBGRADE TO BE LIGHTLY GRADE 6" GRAVEL DRIVE 140 CUBIC YARDS OF GRAVEL TOTAL TYPICAL DRIVEWAY CROSS SECTION N.T.S. 1�4IE IN REFERENCE TO AREA CALCULATIONS FOR DRAWING P02021CAMABASE — UPLAND AREA TOTAL - 108,328 SF (2.48 ACRES) ^ — WETLAND AREA TOTAL s 107,098 SF (2.45 ACRES) — TOTAL BOUNDARY AREA SHOWN IN PUBLIC TRUST - 17.859 SF (0.41 ACRES) 0L 2 DRIVEWAY DETAIL PHILLIP5 PROPERTY ISCO RA WNc34[P DARE COUNTYNORTH CAROUNA ' uible &Associates P.C. r ay m yrr Tt" x ..` y z15,.', x �-'k� 9 �_.i■�� ►i'S'` rr^^�.. � �M" rcf _.,+ � S },.3. ,# 7r- � X���;r,3,�'i.. � .7' .;.�4�'* ¢ta ti� . "� � ' ,F �, � f � ■k Via. T'f _`�' �- ;{9 � � ,ti 7•r.i.. a :'4, :r #'yam. .�•� y: .� 3�� 7, . _ ;'q/" 7. ,i "'i \th .�yy 'R..�St'• r L -.•R 1'S_ •y '�;�a -.rfttfiK .t :3t*VYr4„ *x�'`qe 0 y `' '• - ;J Aa re- Q yV:... mas i.4 t.. is.ve (►�- r99 st is Al FN�� .yrYt n 3�' !;J �At K 3l }:: 'p �{y':x,� � `j,�•y \\tt ax. \mil s] i -,�'�� .. C 4 ..,� �. +F � !� V f {.. \1'���j'g7���'.1'��*�)Y .T•(` •Ti,�f � M,,1( As bye- ��� "ib � A`��� ,RS,..^f' ;�a ��: ,`er� y .-,a ,n„r`.,.'r,,�� ` � + t '+F✓ ' j'i�:. Y r ;.• ,r 4^�9c i.� 'f' ._J. a3•N y ny,-'E� -✓- { �• r LS^`.•' .`��¢� 'is t .■'C1� � ;t 9-..`' r��ta�kw, 4 y -•�� .R. �Yt�`a4Ly c� a " 200 Feet • •l;_ a..• r' S . -7- -f" , mot �+C,' ",� `, ��'•.�c �,. r. ..'.•. ilk 060 t, • \ F.` �.° �• T �y �5 J ,�F J� 1'.�4�[M � Y' �"t:. �;.'j, y r 1 •1 ' � 1.� +J'� �.��Yt� ,•t�Y.S.y �r'�.°e� 1� _i -.- 1. �15 t• ■�`-9 _ 3 i • � �'- a i ��`� 'ryi t,�r. °vF' �� -�y�-,r �t ar 't•.ae yy� a ��_. yr. •,� /` •���� .t � � '� w ate•• �\ :_�a>��. .yy �yL Y+yy�y .� 1..: +. _. r rt � 3' k= #t - - -- �/ar,`a' .► Yt ..r. '- -' '+.F7 � ,` - :T �,�#;'` '. �{ 'fit'+"": t � •}rN � � r A s '`r .+', ��_ �," '� .3' ��`�, �.. � �Mom.. � a � r s�}1.�\.�ti,�`��..=� � :. �� ',��� `+: � � a �' � r,.��• i �� 5 K��N, :1,. yx�4 .�'�■ a �}�..'� ;2�'` '�� �:,��„•�! h ♦:�.N _` \ �'.°: ��... a DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Robert Wayne Basnett/Robert D. Basnett, Jr. Coura LOCATION OF PROJECT: Adjacent to NC 12 and Pamlico Sound in Frisco AUG u 9 Zuul DATE APPLICATION RECEIVED COMPLETE BY FIELD: July 25, 2002 _ FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YE CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Hawthorn DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: O� B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D:$.?,i PUBLIC NOTICE REC'D: ✓ END OF NOTICE DATE: 4--12-I Zv�- ADJ. RIP. PROP NOTICES REC'D: '� DEED REC'D: APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: olas Irz-150 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: / FEDERAL DUE DATE: FED COMMENTS REC'D:^ PERMIT FINAL ACTION: ISSUE DENY DRAFT ON lc y7� AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative Coastal Management-LUP Consistency Division of Community Assistance }�uZ ✓ Land Quality Section F(q- �11 Division of Water Quality /c310 lcr— ✓ Q Storm Water Management(DWQ) Lv 13A L ✓ w 12 lav6t, State Property Office 3�,Z, ✓ Division of Archives&History Division of Environmental Health C IC.. Division of Highways ✓ Wildlife Resources Commission i Zt( w V/ Division. of Water Resources Ut- ✓ Division of Marine Fisheries g �- ✓ Submerged Lands(DMF) L-1 -f79; 11 1'-,AM;JU 1 BLt AND 126t-, V ,Stifle of North CiarOiillil i)G17i11'1fT ew .arn:s11. Longest.Jr 1.;.1•.i:.M. cnvironmentalUivision 1 is\I_F IGI I 7c1 919-71 G-6600 (i(l:1-O(i311 Fuv 919.71 0-6767 February 6, 2003 James Phillips 1308 Winding Waye Lane Silver Springs, Md 20902 Re: Final Order granting variance request CRC VR 02-2002-21 Dear Mr. Phillips: Please find enclosed the Final Order granting your Variance Request. If you have any ;r questions, feel free to contact me. Very truly yours, fyykeongest Special Deputy Attorney General Enclosure _ Merrie Jo Alcoke Donna Moffitt Charles Jones Ted Sampson, Elizabeth City, DCM Doug Dorman, Quible & Assoc. P.O. Drawer 870, Kitty Hawk, NC 27949 1- 1 9-03: t 1 : t 9.AM;,:�0 IELE -110 ASSOC. _ti 2,,C, STATE OF NORTH CAROLINA BEFORE THE NORTH CAROLINA " 'COASTAL RESOURCES COMMISSION �OUNTY OF DARE CRC VR 2002-21 THE MATTER OF: ) PETITION FOR VARIANCE ) FINAL ORDER BY JAMES PHILLIPS ) This matter was heard on oral arguments and stipulated facts at the regularly scheduled meeting of the North Carolina Coastal Resources Commission(hereinafter CRC)on January 22-23, 2003, in Kill Devil Hills, North Carolina pursuant to N.C.G.S. § 113A-120.1 and T15A NCAC 1.700, et se4. Assistant Attorney General Meredith Jo Alcoke appeared for the Department of Environment and Natural Resources,Division of Coastal Management; Petitioner James Phillips did not appear, but his consultant presented information and was present to answer questions. Upon consideration of the record documents and the arguments of the parties, the CRC adopts the following: STIPULATED FACTS 1. The property in question consists of two adjacent parcels of land, each 2.67 acres, situated between N.C. 12 and a man-made canal system connected to the Pamlico Sound in Frisco, Dare County. The western lot will be referred to as Lot 1 and the eastern lot as Lot 2. The two lots are currently owned by Howard W. and Robert D. Basnett. Both owners have entered into an "Offer to Purchase and Contract" with James Phillips, the Petitioner in this case. 3. Mr. Phillips applied as a co-applicant with the current owners for a CAMA Major Permit to develop the vacant tract. 4. The tract, including both parcels, has approximately 840 linear feet of shoreline along the 2- 19-03; 11 : 19AM;QUIBLE AND ASSOC, i 2 2 <3i 26,D c r canal and approximately 234 linear feet along N.C. 12. The waters of this canal carry the same water classification as the Pamlico Sound. The N.C. Environmental Management Commission has designated these waters "SA" (suitable for shellfish propagation and harvesting), but the waters in this vicinity are closed to the harvest of shellfish. 6. Approx-L-nately 2.85 acres or 53 % of the tract is Coastal Wetlands. 7. Mr. Phillips applied to construct a single family residence with the 75-foot Coastal Shoreline area of Environmental Concern (AEC). lie also applied to construct a private docking facility within the Estuarine Waters and Public Trust AECs. In order to access the residence and docks, the applicant proposes to construct an access road to the residence within the Coastal Shoreline AEC. it is the private access road ("driveway") that cannot currently be approved for a CAMA permit because it is a prohibited structure within the Coastal Shoreline 30-foot buffer. 9. The lots were subdivided prior to the effective date of the Coastal Shoreline buffer rule. (1). The proposed fill and gravel driveway would run from N.C. 12 to the northwest corner ofthe tract where the proposed residence will be located. 11. The driveway will be approximately 900 feet long with a maximum width of 12 feet. The driveway will be bridged in three places to avoid coastal wetlands,with a minimum elevation of 3 feet above the marsh substrate. 12. The wooden bridges over the wetlands will be 12 feet, 30 feet, and 108 feet long. Thus, the Lear footage of the three bridges over coastal wetlands totals 150 feet. 13. Two.of the three bridges as well as 340 linear feet of the gravel driveway would be located in the Coastal Shoreline 30-foot buffer. i,.: 1 1 17AM JV I C--_ .4Nb .4,1rr��. 4. For a span or'approximately 20-S feet, the proposed drivewa-y is a distance of3 feet to j feet from the Normal Water Level of the canal. 13. Construction would also involve the installation of a sewer force main from the residence near the canal along the driveway road grade to a septic tank draintield located on an upland area adjacent to N.C. 12. Where the force main would cross coastal wetlands,a directional drilling process will be used to avoid the wetlands. 16. The driveway will impact 4.046 square feet of upland area within the 30-foot buffer. The remainder of the driveway will impact an additional 6,7-54 square feet of uplands, for a total of 10.800 square feet of land disturbance and impervious surfaces associated with the driveway. 17. Including the residence and other structures, a total of 9,500 square feet or 15.4% of impervious coverage is proposed within the Coastal Shoreline 75-foot AEC, with an additional 780 square feet outside the AEC. 18. The driveway is designed to avoid filling impacts to coastal wetlands. Because of the location of uplands on the tract, the driveway must be aligned in the 30-foot buffer to reach the residence at the location where it is currently proposed. 19. There are other upland tracts on the property where a residence could potentially be located. including the northeast corner and the southwest comer, but these locations are not as desirable to the applicant. i. The Division of Water Quality(DWQ) has issued a State Stormwater Management Permit for the project. 1. According to information submitted to D«'Q to obtain the stormwater permit, the applicant plans to direct sto=vater to vegetated surfaces located adjacent to the driveway via site grading and road crowning. Areas of the property that are not impervious, effectively95%of 2- 19-03; 11 : 19AM;uUIBLE AND A5S0C, t 2 S 2 1 12FG _. c. the property (84.6% within the 75-1`6ot Coastal.Shoreline AEC), will intercept runoff and provide locations for stormwater infiltration prior to ever being directed i.-ito the adjacent surface waters. The proposed stormwater management plan will handle in excess of the first one inch of stormwater runoff generated by all impervious surfaces by directing it into the surrounded vegetated surfaces. 22. None of the state agencies who reviewed the project objected to it. 23. DCM determined that the project is inconsistent with the Use Standards for Coastal Shorelines, wherein the CRC's rule states that "Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of A feet landward of the normal water level or normal high water level. . ." 15A NCAC 7H. 0209(d)(10). Because the driveway is a non-water dependent structure,the exceptions to the buffer rule found in .0209(d)(10)(A) through (H) do not apply. 24. Petitioner filed this variance on December 18, 2002, seeking relief from application of the CRC's buffer rule outlined above. Based on the foregoing Stipulated Facts, the Coastal Resources Commission makes the following; CONCLUSIONS OF LAW 1. The CRC has jurisdiction over the parties and the subject matter. 2. The parties have been correctly designated. 3. All notices for the proceeding were adequate and proper. 4. The Commission concludes that the Petitioner has demonstrated that strict application of Rule 15A NCAC 7H .0209(d)(I0) to Petitioner's permit application will result in unnecessary hardships. The Petitioner's variance request materials and the staff recommendation are incorporated - 19-03; 11 19AM;rVI®LE AND ASSOC. ; 1 252 261 1260 9 7 by reference as support for this conclusion. �. The Commission concludes that the Petitioner has demonstrated that Petitioner's .,ardship results from conditions peculiar to the project property. The Petitioner's variance request materials and the staff recommendation are incorporated by reference as support for this conclusion. 6. The Commission concludes that the Petitioner has demonstrated that Petitioner's hardship does not result from actions taken by Petitioner. The Petitioner's variance request materials are incorporated by reference as support for this conclusion. 7. The Commission concludes that the Petitioner has demonstrated that Petitioner's oposed development is within the spirit, purpose and intent of the Commission's rules;that it will secure public safety and welfare;and that it will preserve substantial justice. The Petitioner's variance request materials are incorporated by reference as support for this conclusion. ORDER THEREFORE, the petition for variance from T l 5A NCAC 7H.0209(d)(10)is GRANTED to allow construction of the proposed gravel driveway with three coastal wetland bridge crossings on Petitioners' property as proposed. This the 7 ( day of 2003. Al 1 �L v Courtney Hackney, Vice-Chairman Coastal Resources Commission 1 •• CERTIFICATE OF SERVICE This is to certify that I have caused the foregoing Final Order to be served upon the Permittee by depositing a copy thereof in the U.S. Postal Service with sufficient postage for delivery by first class mail and addressed to: JAMES PHILLIPS 1308 Winding Waye Lane Silver Springs, Md 20902 This the day of f e4-.n 200 . James P. Longest, Jr. Special Deputy Attorney General N.C. Department of Justice P.O. Box 629 Raleigh, NC 27602-0629 (919) 716-6942 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary October 25, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Howard Wayne and Robert D. Basnett PO Box 233 Frisco, NC 27936 Dear Mssrs. Basnett: This letter is in response to your application request under the Coastal Area Management Act (CAMA) to construct a gravel driveway access with three coastal wetland crossings, a single-family residence including a sewer force main, and a private dock adjacent to a manmade canal in Frisco, Dare County, NC. Processing of the permit application, which was received by the Division of Coastal Management's Elizabeth City office on July 25, 2002, is now complete. Based on the state's review, the Division of Coastal Management has made the following findings: 1) The application proposes the construction of a gravel driveway approximately 900 feet long by 12 feet wide, and includes three wooden bridges crossing coastal wetlands. 2) According to the workplan drawing dated April 1, 2002 provided with the application, approximately 340 feet of the proposed gravel driveway and two of the three wooden bridges would be located within the Coastal Shoreline Area of Environmental Concern (AEC). The proposed single-family residence would be located outside of the Coastal Shoreline AEC. 3) The purpose of the driveway is to provide access to the single-family residence, therefore the driveway is not considered'a water dependent structt re. 4) Based upon the findings outlined above, the proposed project has been determined to be inconsistent with the following Rule of the Coastal Resources Commission: 15A NCAC 07H.0209(d)(10) Use Standards for Coastal Shorelines, which states that "Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level . . ." Furthermore, because the driveway is considered a non-water dependent structure, the exceptions found in 15A NCAC 07H.0209(d)(10)(A) through (H) do not apply. 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://www.nccoastalmanagement.net An Equal opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper Howard Wayne and Robert D. Basnett October 25, 2002 Page 2 Given the preceding findings, it is necessary that your request for issuance of a CAMA Major Permit under the Coastal Area Management Act be denied. This denial is made pursuant to N.C.G.S. 113A-120 (a)(8), which requires denial for projects inconsistent with the state guidelines for Areas of Environmental Concern or local land use plans. If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be in the form of a written petition, complying with the requirements of§150B of the General Statutes of North Carolina, and must be filed with the office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, (919) 733-2698, within twenty (20) days from the date of this letter. A copy of this petition should be filed with this office. Also, you should be advised that as long as this state permit denial stands, your project must be deemed inconsistent with the N.C. Coastal Management Program, thereby precluding the issuance of Federal permits for this project. The Federal Coastal Zone Management Act (CZMA) gives you the right to appeal this finding to the U.S. Secretary of Commerce within thirty (30) days of receipt of this letter. Your appeal must be on the grounds that the proposed activity is (1) consistent with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved. Members of my staff are available to assist you should you desire to modify your proposal in the future or to seek separate authorization for the single-family residential structure and/or the docking facility. If you have any questions concerning this matter, please contact Mr. Doug Huggett at (919) 733- 2293, extension 244. Sincerely, Donna D. Moffitt DM/jrs cc: Mr. Douglas Brown, Acting Director- OCRM/NOAA, Silver Spring,MD Colonel Charles R. Alexander- U.S. Army Corps of Engineers, Wilmington, NC DCM—Morehead City DCM—Elizabeth City �FR A rFQ Michael F.Easley,Governor j s y William G.Ross,Jr.Secretary Y Department of Environment and Natural Resoures 1:k : ` '�"=fid� � Alan W.Klimek,P.E. Director ' v Division of Water Quality October 2, 2002 Mr. James Phillips faCE1VED 1308 Winding Way Lane OCT 3 2002 Silver Spring, Maryland 20902 0W.0E OOASTALMAI�IAGEMW Subject: Permit No. SW7020801 RALEIGH Howard Wayne Basnett&Robert D. Basnett,Jr. SFR General Permit Stormwater Dare County Dear Mr.Phillips: The Washington Regional Office received the completed Stormwater Application for the subject project on September 24, 2002. Staff review of the plans and specifications has determined that the project, as proposed,will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7020801 dated October 2, 2002 to James Phillips. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts,requirements,or limitations contained in this permit are unacceptable,you have the right to request an adjudicatory hearing upon written request within thirty. (30) days following receipt of this permit. This request must be in the form of a written petition,conforming to Chapter 150B of the North Carolina General Statutes, and filed with the office of Administrative Hearings, P.O. Drawer 27447, Raleigh,NC 27611-7447. Unless such demands are made this permit shall be final and binding. 943 Washington Square Mall,Washington,North Carolina 27889 Telephone 252-946-6481 FAX 252-975-3716 An Equal Opportunity Affirmative Action Employer c . Page 2 Mr. James Phillips October 2, 2002 If you have any questions or need additional information concerning this matter, please contact Mr. Robert Tankard at (252) 946-6481, extension 233. Sincerely, Jim IVfulligan Water Quality Supervisor Washington Regional Office cc: ug Huggett Dare County Inspections Washington Regional Office Central Files Quible&Associates, P. C. 943 Washington Square Mall,Washington,North Carolina 27889 Telephone 252-946-6481 FAX252-975-3716 Ap Equal Opportunity Affirmative Action FA pdoyer f State Stormwater Management Systems Permit No. SW7020801 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT GENERAL PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,and other applicable Laws,Rules and Regulations PERMISSION IS HEREBY GRANTED TO James Phillips FOR THE Construction, operation and maintenance of stormwater management systems in compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications,and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for the single family residence at the Phillips Property located on Hwy. 12 near Frisco. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations. I. DESIGN STANDARDS 1. 10,280 square feet of new impervious areas are proposed. 2. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 3 t , 3. No stormwater piping in addition to the existing piping shall be allowed except: r a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road. b. That minimum amount needed under driveways to provide access to lots. H. SCHEDULE OF COMPLIANCE 1. Grasslined swales, vegetated buffers and other Best Management Practices used for stormwater runoff control shall be adequately maintained throughout the He of the project. 2. The pen-nittee shall at all times provide adequate erosion control measures in conformance with the approved Erosion Control Plan. 3. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. HI. GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143.215.6C. 2. The permit may be modified,revoked or terminated for cause. The filing of a request for a permit modification, or termination does not void any permit condition. 3. The issuance of this permit does not prohibit the Director from reopening and modifying laws,rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000;and North Carolina General Statute 143-215.1 et.aL 4. The following items will require a modification to the permit: a. Any revision to the approved plans,regardless of size b. Project name change C. Transfer of ownership d. Redesign or addition to the approved amount of built-upon area. e. Further subdivision of the project area f. In addition,the Director may determine that other revisions to the project should require a modification to the permit. 4 + 5. For any additions or modifications of the previously permitted built-upon area,the permittee shall submit to the Director revised plans and specifications and shall receive approval prior to construction. 6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 7. The permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 8. The issuance of this permit does not preclude the Permittee from complying with any and all statutes,rules,regulations,or ordinances which may be imposed by other government agencies(local, state and federal)which have jurisdiction. Permit issued this the 2nd day of October 2002. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7020801 5 NCDENIR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary MEMORANDUM xM SEP 1 u ZUU2 TO : Doug gg Hu ett �J,Vi THROUGH : Ted Sampson FROM : Dennis W. Hawthorn DATE : September 3, 2002 SUBJECT: . Howard Wayne Basnett & Robert D. Basnett, Jr., Dare County CAMA Major Permit Recommendations This project involves the construction of a fill and gravel driveway with three coastal wetland-bridge crossings to access a single-family residential building site,within 75 ft of waters that connect to the Pamlico Sound in Frisco, Dare County. Construction will also include the installation of a small sewer force main along the driveway road grade to an upland area septic tank drainfield.The project also will include the installation of a private dock along the shoreline adjacent to the residence. Hatteras Island is known to be rich in archaeological and cultural resources. An inspection of available mapping data on cultural resources revealed that archaeological or cultural resource findings have been recorded on these maps in the Frisco area. This review indicates that sites have been identified that appear to be inclose proximity to this project. It is again important to note that Hatteras Island has a rich heritage in cultural resources, and these maps have not been updated in at least 10 years. The potential for the discovery of additional cultural or historical resources is possible. Any permit that is issued for a several acre tract in the Frisco vicinity should include recommendations that carefully outline a procedure that will maintain the integrity of such sites if they are discovered. Because this is a several acre tract along the water,there is a strong likelihood that during site development, some cultural resources could be un-earthed,and site contractors may not recognize these resources. Permit conditions should specifically address this possibility. The proposed driveway alignment will result in approximately 10,800-sf of land disturbance, and a similar square footage of impervious surface. The proposed elevated bridge crossings will result in the shading of approximately 1,800-sf of coastal wetlands, and the driveway(and wastewater line) will not result in any excavation or fill within any wetlands. In accordance with the N. C. Administrative Code(NCAC),Title 15A,Section 7H .0205,private roadways maybe considered as unacceptable land uses, while utility easements may be considered as acceptable uses. Roadways have also been found to be inconsistent with the Division's Coastal Shoreline buffer rules,7H.0209, and should be located outside of the 30-ft buffer. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: http://dcm2.enr.state.nc,us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Doug Huggett Page 2 Howard Wayne Basnett& Robert D. Basnett,Jr., Dare County CAMA Major Permit Application Recommendations September 3, 2002 However, the NCAC Title 15A, Section 7H .0208 `Use Standards' define bridges and their approaches as water dependent, and Section 7H .0209(d)(10)(A) sites that uses described in 7H .0208(a)(1) are acceptable within the Coastal Shoreline Buffer. I interpret this to mean that a driveway or roadway with a bridge or bridge approach would be an acceptable use within the Coastal Shoreline Buffer. In addition, these bridges and their approach will provide access to a proposed dockage site. This approach will allow the applicant to access the Public Trust Area of the Pamlico Sound that could, otherwise, not occur on this property. Prior to submitting the application, the owners' agent worked closely with the Division to plan a project that would minimize, and reduce potential impacts to the existing coastal resources. All work was sited to avoid the filling of any coastal wetlands. As referenced above, the proposed driveway and bridge structures will not result in the filling or excavation of any wetlands.The proposed driveway will provide an access to the Public Trust Area waters that are located on the property. The proposed SFR will result in the placement of an additional 1,500-sf of impervious surface within the Estuarine Shoreline. The proposed deck off the rear side of the SFR will be un-covered, be situated over an upland area, and will also be landward of the 30-ft buffer. The SFR and driveway structures, as proposed,will result in approximately a total of 3,300-sf of impervious surfaces, and well below the 30 percent threshold allowable of the impervious surface, as referenced in 7H .0209(d)(2). The proposed 5-ft wide walkway to the dock will cross mostly an upland area that is adjacent to the canal,and therefore will result in little shading of any coastal wetlands.However,the structure will be elevated at least 3-ft above the ground surface and any wetland substrate, as it approaches the existing shoreline and wetland fringe.The walkway will connect to the dock structure.The dock will consist of a 6—ft wide boardwalk that will run parallel to the shoreline,but over the water, and will also be elevated. These proposed construction details are consistent with our rules as referenced in 7H.0208 Use Standards and 7H.1205(d).The project will not result in any fill or excavation of any Public Trust Area or Estuarine Waters, and will not interfere with any riparian access. The entire project will avoid the filling or excavation of coastal wetlands. In summary,the proposed driveway will allow access to the upland area identified in this project that in turn,will provide an upland home site.The driveway with the bridge approaches and bridges,will provide access to the proposed dock location, and access to the Public Trust Area of the Pamlico Sound, that otherwise, could not occur onsite, and will not result in the filling or excavation of any coastal wetlands. The home site and deck are outside of the Coastal Shoreline Buffer, and as proposed, will not result in the filling or excavation of any coastal wetlands. The project will not result in any fill or excavation of any Public Trust Areas, and will not interfere with any riparian access. The project has been planned and proposed to minimize impacts to coastal resources. Doug Huggett Page 3 Howard Wayne Basnett & Robert D. Basnett, Jr., Dare County CAMA Major Permit Application Recommendations September 3, 2002 In addition to the physical impacts that may result from this project, I am concerned about the co- applicant and seller-buyer variables related to this application.The permit application was submitted in the names of`Howard Wayne Basnett and Robert D.Basnett,Jr.'by Quible and Associates,P.C. It is understood that the buyer (James Phillips), has placed a contingent condition upon the sellers that a CAMA Major Permit, authorizing the above referenced development, be issued prior to the real estate closing, and purchase concerning these two parcels.I am concerned that it is possible that the buyer could back out of his contract,or the sellers could end up selling the property to a different buyer, and we could issue the pen-nit to a party that does not own the property. Therefore, I believe that the permit, if issued, should be issued to Howard and Robert Basnett, and that the permit include a condition that will state that the pennit may be transferred to a new property owner but the new owner must request and receive an authorized pen-nit transfer prior to the start(or continuation) of any work. The new owner shall also be held responsible for the compliance of all the permit conditions, and pre-construction meeting(s) referenced in the conditions below, even if these meetings occurred prior to his purchase. In regard to these findings, I have no objection to a permit for the proposed development so long as the following Conditions and Note(s) are included. 1] The development area of the site is adjacent to or within several coastal resources and Areas of Enviroimnental Concern, including estuarine shoreline, public trust areas, estuarine waters, coastal wetlands, and cultural resources. Prior to the start of construction, the Permittee shall schedule and coordinate a pre-construction meeting with DCM staff.This meeting shall include the property owner,and their development agent(s). In addition, this site meeting shall include the site clearing contractor(s), the home building contractor, and the bridge and walkway-dock contractor(s). Separate meetings will be scheduled in the event that all participants are unable to attend during the same meeting. 2] The driveway and bridge crossing alignment shall be staked within 30 days prior to the start of construction,and shall be confirmed on-site by Division staff prior to the start of road and bridge work. These structures shall be consistent with the dimensions and alignment shown on the platwork documents prepared by Quible &Associates, dated April 1, July 18, and July 25, 2002. Doug Huggett Page 4 Howard Wayne Basnett & Robert D. Basnett,Jr., Dare County CAMA Major Permit Application Recommendations September 3, 2002 3] No work, structures, excavation or fill materials will be placed at the work site, or in any waters or wetlands,other than that work approved by this permit. No excavation or filling of any wetlands or waters is authorized,and all work shall be consistent with the approved, above referenced platwork. 4] Prior to the start of any mechanized earth-disturbing activity on the entire site, a silt fence or siltation barrier shall be installed between all authorized earth-disturbing development and the adjacent uplands, wetlands, or waters. The structure shall be installed properly so as to prevent the un-necessary discharge of any sediment or fill materials into any adjacent wetlands or waters. Prior to the continuation of site work, and/or the placement of authorized fill material on site, the complete and proper silt fence installation shall be confirmed by Division staff. Fill material must be free from debris or pollutants, and obtained from an upland source. Fill material or work other than that which will support a shell or gravel base and surface driveway, or the foundation construction for the authorized 1,500-sf SFR,shall require the refinement or modification of this permit. The placement of concrete or asphalt surfaces may require the refinement or modification of this permit. 5] The authorized walkway and dock structure shall be elevated at least 3 feet above the substrate or water bottom over any vegetated wetland areas that they cross,and shall be no wider than 6-feet across. The structure shall not interfere with any riparian access, shall not extend beyond one-fourth the distance of the canal width,from NWL(normal water level) to NWL, and shall be consistent with the approved, above referenced platwork. A change in the configuration or use of the dock may require permit modification. 6] The authorized SFR shall be located at least 30-feet landward of the NWL, shall not result in the excavation or filling of any wetlands, and shall not exceed a footprint greater than 1,500-square feet. All runoff from the SFR, and its approved auxiliary components shall divert drainage away from any public trust area, or estuarine waters. A silt fence shall be installed between the approved building site and any adjacent uplands, wetlands, or waters. No excavation or filling is authorized, including Doug Huggett Page 5 Howard Wayne Basnett & Robert D. Basnett, Jr., Dare County CAMA Major Permit Application Recommendations September 2, 2002 sedimentation runoff into any wetlands or waters, and all work shall be consistent with the approved, above referenced platwork. 7] Hatteras Island is known to be rich in archaeological or cultural resources. There is a strong probability of the discovery of these types of resources. It is advised that the Division of Archives and History coordinate a visit to the site prior to the start of work. Should discovery occur by the owner or owner's agents, the Divisions of Coastal Management and Archives and History should be notified immediately before proceeding with any additional work. 8] The permit application was filed in the names of Howard Wayne Basnett and Robert D. Basnett, Jr. It is understood that the buyer,has placed a contingent condition upon the sellers that a CAMA Major Permit, authorizing the above referenced development,be issued prior to the real estate closing and purchase concerning these two parcels. The new property owner(s) shall be responsible for requesting and receiving a permit transfer,and shall be responsible for complying with all the above permit conditions,as well as any circumstances or issues that were discussed in any pre-construction meeting(s). NOTE Any future development on the permittee's property, other than that work authorized in this permit,may require modification of this permit or the issuance of a separate CAMA Permit. NOTE The above work may require the issuance of erosion, sedimentation and storm- water certificates and/or plans prior to the start of any work. NOTE It is recommended that the permittee post the permit onsite so that reviewing agencies, the applicant's contractors, and interested parties may refer to the permit conditions. cc: Raleigh Bland, US COE NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary MEMORANDUM: �l w TO: Do- 5 M Major Permit Processing Coordinator FROM: 'CP NE DCM District Planner TO rthern District Manager 0t1• Howard & Robert Basnett, to Construct a Dock, Single w/3 Bridges Across from Robin Drive (SR-1406) on NC al, Connecting to Pamlico Sound, Frisco, Dare County. 4e�'� itiabel �toR�G�t� not in conflict w/the Dare County 1994 Land 29, 1994, amended January 23, 1998, and o Sr��' Soo Ala e�aet�at» SPG� �1 Se4b mar>>>�a6$ 1djacent 2.67-acre parcels that are e So eG S� 'e canal system, which connects to 00 rontage. The applicant proposes cc. �e0so°iCes�� � �� �l `00 ft. driveway access which will req. �e4 tof¢e����1� o�`' Son. 0 O 18 ft. respectively. Anticipated imps, Spa �ta o �� �aet a Basis t, Cti1ti�Sti Po tCCs� bCt �l Ma identifies the Frisco She OS es Soy P Village ar, G� ��e¢ o�� e� ` recognizes that all AEC areas also , '>>a� s S 'Q0 � Related Courn j�QJa>>�� des time$16 Coastal Wei, `Dare County a. � {`e -ns as adequate measures for prott ��O'• ►." Public Trust Area, "Dare County supports , of the public trust areas anc. P�e� til�ti beaaG, r��ao O,SI Cc: Kathy Vinson 1367 U.S. 17 SOL Phone: 252-264-3901 \FAX: 252 .,nanagement.net An Equal Opportunity\Affirmative Actin ,,st Consumer Paper 08/21/2002 20:49 FAX Z 05 w f AF NCDENR North Carolina Department of Env;ronment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G.Ross Jr., Secretary August 2, 2002 MEMORAN I)UNI TO: David McI-leiuy Wildlife Resources Commission ATT , Habitat Conservation Program { FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW Applicant: HOWARD WAYNE BkSNETT & ROBERT D BASNETT, JR Project Location: NC 12, FRISCO, DARE CO, MA-,N-MADE CANAL TO THE PAMLICO SOUND Proposed Project: CONSTRUCTION OF SFR AND GRAVEL DRIVE W/3 COASTAL WETLAND-BRIDGE CROSSINGS,INSTALLATitN OF SERVER FORCE MAIN AND CONSTRUCTION OF DOCK. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/21/02_ If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293. When appropriate, in-depth conunents with i supporting data is requested. REPLY Thus agency has no objection to the project as proposed. L-""' This agency has no comment on the proposed project. This agency approves of the proiect, only if the recommended changes are inCorpo -s agcnc objects to t project for reasons described in the attached comments. Nc 4i,*d SIGNED A DATE �" ZG ra 1638 Mail Se ce Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dGm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Aclion Employer—50%Recycled t 10%Post Consumer Paper inn« NCDENR ktG 6 2002 North Carolina Department of Environment and Natural Resources Division of Coastal Management DMSION OF Michael F. Easley, Governor Donna D. Moffitt, Director William GAbWCES August 2,2002 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources �`J AUr, Q ZOOZ FROM: Doug Huggett Major Permits Processing Coordinator `r NMn' Y1� YY SUBJECT: CAMA PERMIT APPLICATION REVIEW Applicant: HOWARD WAYNE BASNETT & ROBET D BASNETT, JR Project Location: NC 12, FRISCO, DARE CO., MAN-MADE CANAL TO THE PAMLICO SOUND Proposed Project: CONSTRUCTION OF SFR AND GRAVEL DRIVE- W/3 COASTAL WETLAND-BRIDGE CROSSINGS,INSTALLATIN OF SERVER FORCE MAIN AND CONSTRUCTION OF DOCK. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/21/02. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293. 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. This agency objects to the project for reasons described in the attached comments. SIGNED DATE Oy 7 d7-- 1638 Mail Service Center, Raleigh, North Carolina 2769 -1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary July 29, 2002 L �U G7,_`, Af�G 0 72002 , MEMORANDUM: TO: Mr. William A. McNeil, Director Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator . SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Howard Wayne Basnett/Robert D. Basnett, Jr. Project Location: Adjacent to NC 12 and the Pamlico Sound in Frisco,Dare County Proposed Project: Construct a bulkhead, a driveway with 3 private bridges, dock and single family residence Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 19,2002. If you have any questions regarding the proposed project,please contact Dennis W. Hawthorn at (252) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. c/ 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 �f S 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2.enr.state.nc.us An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper A 11?FA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary AUGUST 02,2002 r MEMORANDUM AUG U 6 20 TO: Mr. Joseph H. Henderson, Director e1 �+ c}i,�{ .. State Property Office State Prop Department of Administration FROM: Doug Huggett AUG 1 Major Permits Processing Coordinator 3 2002 SUBJECT: CAMA PERMIT APPLICATION REVIEW f,,; L' Applicant: HOWARD WAYNE BASNETT & ROBERT D. BASNETT,JR Project Location: NC 12, FRISCO,DARE CO. MAN-MADE CANAL TO THR PAMLICO SOUND Proposed Project: CONSTRUCTION OF SFR AND GRAVEL DRIVE W/3 3 COASTALWETLAND-BRIDGE CROSSINGS, INSTALLATION OF SERVER FORCE MAIN AND CONSTRUCTION OF DOCK Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/21/02. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293. When appropriate, in-depth comments with supporting data is requested. REPLY J�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. This agency objects tot project for reasons described in the attached comments. SIGNED DATE 16 Mail Service Center, Raleigh, North Carolin 27 99-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources AUG Division of Coastal Management Michael F.Easley, Governor Donna D. Moffitt, Director William G.Rsr.,SecfQte� AUGUST 02,2002 MEMORANDUM _ TO: Linda Sewall, Director Division of Environmental Health AUG FROM: Doug Huggett 2002 Major Pfrmits Processing Coordinator SHELLFISH SANRAhOK SUBJECT: CAMA PERMIT APPLICATION REVIEW Applicant: HOWARD WAYNE BASNETT & ROBERT D. BASNETT, JR Project Location: NC 12, FRISCO, DARE CO., MAN-MADE CANAL TO THE PAMLICO SOUND Proposed Project: CONSTRUCTION OF SFR AND GRAVEL DRIVE W/3 COASTAL WETLAND-BRIDGE CROSSINGS,INSTALLATIN OF SERVER FORCE MAIN AND CONSTRUCTION OF DOCK Please indicate below your agency's position or viewpoint on the proposed project and return this form by [08/21/02.If have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293. When appropriate, in-depth comments with supporting data is requested. REPLY / This agency has no objection to the project as proposed. v This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This ency objects to the project for reasons described in the attached comments. SIGNED DATE 102— U 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\ FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper i►ENERA� COMMENTS APPlicar _ The applicant should be advised ttxrt plans and.T�ecii1cations for all water system Improvements must be approved by the Division of Environmental Health prior to the award of a contract or the initiation of construction (as required by 15A NCAC 18C 0,0300 et. seq.). For information, contact the Public Water Supply Section, (919)733- 2460. _ This project will be classified as a non-community public water supply and must comply with state and federal drinking water monitoring requirements. For more information, the applicant should contact the Public Water Supply Section, (919)733-2321. if this project is constructed'as proposed, we wUl recommend closure of adjacent waters to the harvest of shellfish. For information regarding tl-re shellfish sonitati;x,, program, the applicant should contact the Shellfish Sanitation Section, (252)726-6827. Cumulative impacts from this type of project could cause deterioration in water quality. The proposed project would increase impervious surfaces and otter natural drainage patterns. There would be a loss of natural vegetation causing an increase in stormwater runoff which could jeopardize the open status of adjacent waters. For more information, the applicant should contact the Shellfish Sanitation Section at(252)726-6827. The subject project is locded in an area opera 'r." shellfish harvesting. The 10-slip dock, as proposed, would not cause closure in accordance with 15A NCAC 18A MARINAS: DOCKING FACILMES:OTHER MOORING AREAS,- however, dockage at the facility could exceed 10 boats. If this was to occur, closure would be recommended ir accordance with DEH rules. For information regarding shellfish sanitation, the applicant should contact the Shellfish Sanitation Section at (252)726-6827. Proliferation of these type facilities could cause deterioration in water quality and conseauentty aaaitiona! C;esure-- of shellfishing waters. For more information, the applicant should contact the Shellfish Sanitation Section c: (252i726-6827. The spoil disposal orea(s) proposed for this project may produce a mosquito breeding problem. For .interrrorcr: concerning appropriate mosauito breeding measure, the applicant should contact the Public Hect*,T,. Pes- Mancaerrrent Section at (252)726-8970. The applicant snould also contcc- w'Tr Mesa-c Controi in Co nTv at Tnis is c mosquito breeaine area. Ccnsructten plans cne coermcns snouic Induce gwarerieFs C• -".iS. r-r-omcnt-snouid contac- ,";e P.:oric Hecrtn Pesy Managemem.aT 12521726-8970 tCr a Sr-e V Sii C: '/ prevent the crearion ct^lore iriasaurim naCna-. V with Mosauitc Conrc4 :r The ceplicant should ccntac- CC•unrJ at�� 6- Tne applicant snould be advisea thct itiis area is a mosquito infested habitat. Mosquito ccntroi w,11 ae c crc-oier The applicant snould be advisee than pnor to the removal or demolition of dilapidated sTrucTures, cn extensive rodent control program may be necessary in order to prevent the migration of rodents to adjacent orecz- Fcr information concerning rodent contrd, contact the local health department or the Public Health Pest Mcnaae`nen- Section, (919)733-6407. Tne applicant should be advised to cantoct the local health department regarding their requirements fcr se--tjc tarn installations(as required under 15A NCAC. 18A .1900 et.sea.). For information concerning sepric tanK cne other on-site waste disposal rrre?tioas, contact the On-Site Wastewater Section at (919)733-2895. The applicant should be adviser to ccraoct.the local health department regarding the sanitary focii'rties reaLirea fcr this project. The applicant should work with the focal health department to assure that pions for the are approved prior to c . Reviewer: oe Date: G �� Aria-A , : e NCDENR '�� North Carolina Department of Environment and Natural ResouQ#8L.r�� � r �-'•' Division of Coastal Management i Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary August 2, 2002 MEMORANDUM TO: Mr. L. A. Sanderson, P. E. Highway Administrator Division of Ilighways FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW Applicant: HOWARD WAYNE BASNETT& ROBERT D. BASNETT, JR Project Location: NC 12, FRISCO, DARE CO. MAND-MADE CANAL TO THE PAMLICO SOUND Proposed Project: CONSTRUCTION OF SFR AND GRAVEL DRIVE W/3 COASTAL WETLAND-BRIDGE CROSSINGS,INSTALLATION OF SERVER FORCE MAIN AND CONSTRUCTION OF DOCK Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/21/02. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293. 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. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 5 �ssf , sTFk 1638 Mail Service Center, Raleigh, �4h Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Direct William G. Ross Jr., Secretary brp July 29, 2002 pUG 204? MEMORANDUM: �rAr TO: Mr. Preston P. Pate, Jr., Director Division of Marine Fisheries FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Howard Wayne Basnett/Robert D. Basnett, 3r. Project Location: Adjacent to NC 12 and the Pamlico Sound in Frisco, Dare County Proposed Project: Construct a bulkhead, a driveway with .3 private bridges, dock and single family residence Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 19, 2002. If you have any questions regarding the proposed project,please contact Dennis W. Hawthorn at (252) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: IXThis agency has no objection to the project as proposed. This agency has no comment on the prol:o-sed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for seasons described in the attached comment SI DATE �- 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2.enr.state.nc,us An Equal opportunity 1 Affirmative Action Employer—50%Recycle1110%Post Consumer Paper Ai�`a WCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary August 2, 2002 MEMORANDUM TO: John Dorney Division of Water Quality, Wetlands/401 Unit FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW Applicant: HOWARD WAYNE BASNETT & ROBET D BASNETT, JR Project Location: NC 12, FRISCO, DARE CO., MAN-MADE CANAL TO THE PAMLICO SOUND Proposed Project: CONSTRUCTION OF SFR AND GRAVEL DRIVE W/3 COASTAL WETLAND-BRIDGE CROSSINGS,INSTALLATIN OF SERVER FORCE MAIN AND CONSTRUCTION OF DOCK Please indicate below your agency's position or viewpoint on the proposed project and return this form by 08/21/02. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293. When appropriate, in-depth comments with supporting data is requested. RE This agency has no objection to the project as proposed. This agency has no comment on the proposed project. r oC r 1 This agency approves of the project, only if the recommended changes a[e incorporated. This a ency objects to the project for reasons described in the attached comments. SIGNED DATE 1638 Mail Service Cen er, Raleigh, North Carolina 699-1638 Phon : 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us qual Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper AyA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, DirecOrwy - �A�, William G, Ross Jr,, Secretary 2002 Mr. Doug Dorman Quible &Associates, P. C. July 8, 2002 P. O. Drawer 870 c Kitty Hawk, NC 27949 Re : CAMA Major Permit Application for James Phillips Dare County Jq_ Dear Mr. Do a�� Q This letter is in reference to your firm' s CAMA Major Permit application for development in Frisco Village, Dare County at property owned by James Phillips located off NC 12 along waters that connect to the Pamlico Sound. I have reviewed this application for completeness, and I have found that the following items need to be addressed or included prior to accepting this application as complete and ready for multi- agency review. Form DCM-MP- 4 1] The description of the proposed pier structure's length is confusing, considering that the canal is only 45 feet wide. It will be better to describe this proposed structure as a 6-foot wide by 75-foot long boardwalk-platform with a walkway from high ground to access it. 2] The width of the access is not shown on the plat and needs to be included. Plats Plan Overview 1] The(s) plat needs to include the name of the water body where the proposed project is located (i.e.,man-made canal that connects to the Pamlico Sound). 2] The normal water level (NWL) needs to be clearly indicated on the plat (and cross- sectional drawings). 3] Water depths are not shown. 4] If this project will include the construction of a single family dwelling, and will require waste water treatment, the drain field needs to be shown, and if the applicant intends to pump influent across any wetlands to an upland portion of the lot for treatment, this needs to be indicated on the platwork, and also needs to be reflected in the application. 5] The application indicates that three slips are being requested for authorization. Please show these and the water depths, and any mooring pilings. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: hftp://dcm2.enr.state.nc.us An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Mr. Doug Dorman James Phillips, Dare County July 8, 2002 Page 2 Cross Sectional Drawing(s) 1] No cross-sectional drawings were included. A cross- sectional drawing(s) that indicates the excavation and fill work for the driveway area, as well as the walkway, boardwalk and any moorings must be included with the application. The application indicates that three slips are being requested for authorization. Please show these. Be sure to also indicate important land or water bottom characteristics like the slope, water depths, existing wetlands, SAV's, evidence of erosion, and existing shoreline stabilization structures. Also be sure to indicate that all structures over or crossing any wetland areas will be elevated at least 3 feet above the wetland substrate. 2] If a SFD is included for authorization in this application, you need to show a cross-sectional drawing of this structure and associated deck (a `typical' will be fine, square footage is important though). You should, if appropriate, also supply copies of any other permits or approvals from other federal and state review agencies (i.e., US Army Corps of Engineers,NC Division of Land Quality, etc.,). In regard to these issues, I am placing this application on hold until this necessary information can be included with this application. As soon as this information can be provided to me, and I can accept this application as complete, the 75-day review time-clock process will begin. If you have any questions, please contact me at(252) 264-3901. JI, Dennis W. Hawthorn_ Coastal Management Representative cc: Joe Lassiter, Quible & Assoc. James Phillips, 1308 Winding Wave Ln., Silver Springs, Md 20902 Charles S. Jones, DCM, Morehead City, Doug Huggett, DCM, Raleigh Ted Sampson, DCM, Elizabeth City Raleigh Bland, US COE, Washington,NC 1 • 1' �� `• CCD . DCM DWQ% Development Type FEE (14300 1601,435100093 1625 6252) (24300 1 502 435100095 2341 I, private,non-commercial 0%(SO) development that does not involve S250 100°i6(5250) the filling or excavation of any wetlands or open water areas: 11. Public or commercial development 0%(50) that does not involve the filling or $400 100%(S400) excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine If A,8,C,or D below applies: A). For Private,non-commercial development,If General water Quality S25O 100%($250) 0%($O ) Certification No.3301 (see attached) can be applied: III(8): For public or commercial 0%(SO) development,if General water Quality $400 100%(S400) Certification No.3301(see attached) can be applied: III(C). If General Water Quality Cerllfication No.3301(see attached) could be applied,but DCM staff 60%(S240) 40%(S160) determined that additional review and S400 written DWQ concurrence Is needed because of concerns related to water quality or aquatic life: III(D)• If General Water Quality S400 60%(S240) 40%(S160) Certification No.3301 (see attached) can not be applied: IV. For development that involves 40%(5190} the filling and/or excavation of more 5475 60%(S285) than one acre of wetlands and/or open water areas: , NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary July 29, 2002 The Coastland Times Legal Advertisement Section P. O. Box 428 Manteo, North Carolina 27954 Re: Public Notice- HOWARD WAYNE BASNETT/ROBERT D.BASNETT,JR. PROJECT Dear Sir: Please publish the attached Notice in the Thursday, August 1, 2002, issue of the Coastland Times. 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, NC Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638, Telephone (919) 733-2293. Thank you for your assistance in this matter. If you should have any questions,please contact me at our Elizabeth City office. Sincerely, R. +--�ed Sampson District Manager TS/dc Enclosure cc: Doug Huggett File 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%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 July 25, 2002. According to said application,HOWARD WAYNE BASNETT/ROBERT D.BASNETT, JR. propose to construct a bulkhead,a driveway with three private bridges,dock and single family residence adjacent to NC 12 and Pamlico Sound in Frisco, Dare County. A copy of the entire application may be examined or copied at the office of Dennis W. Hawthorn,NC Division of Coastal Management, located at 1367 US 17 South,Elizabeth City,NC, 27909, (252) 264-3901 during normal business hours. Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management, 1638 Mail Service Center, Raleigh, NC, 27699-1638, prior to August 21, 2002, 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. PUBLISHED ON: Thursday, August 21, 2002 A7 RCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary July 29, 2002 Mr. Doug Dorman Quible & Associates, PC P. O. Drawer 870 Kitty Hawk,North Carolina 27949 Dear Mr. Dorman: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located adjacent to NC 12 and the Pamlico Sound in Frisco, Dare County. It was received on July 25, 2002, and appears to be adequate for processing at this time. The projected deadline for making a decision is October 8,2002. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above,you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However,an additional letter will be provided on or about the 75th day. NCGS 113A-119(b)requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be:Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property;or at a point along the road right-of- way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made,and if additional information is required,you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Dennis W. Hawthorn Coastal Management Representative DWH/dc Enclosure cc: Doug Huggett-Permit Coordinator, DCM Ted Sampson -District Manager, DCM Howard Wayne Basnett Robert D. Basnett, Jr. James Phillips 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Quible Quible&Associates, P.C. P.O.Drawer870 I^Hawk,NC 27949 ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING Phone:252-261-3300 ���IVED SINCE 1959 fax 252-261-1260 r' � PRINCIPALS Sean C.Boyle,P.E. CERTIFIED MAIL Joseph S,Lassiter,C.E.P. JUL t pUj- ® 2002 n n 2 Eduardo J.Valdivleso,P.E. RETURN RECEIPT REQUESTED t� `I AssocwTEs 'COASTAL�IVIANAGEMENT Joseph J.A Davidd S S. P.E. .Neff EL.IZABETH CITY July 2, 2002 Fredrick C. Johnson PO Box 421 Frisco,NC 27936 Re: Major Coastal Area Management Act(CAMA) Permit Application Frisco, Dare County,North Carolina Dear Mr. Johnson: The purpose of this correspondence is for Quible and Associates, P.C. to inform you as a adjacent riparian property owner to James Phillips, of the property owners plans to construct a single family residence within the 75'AEC, and a 6'x75' dock to provide access to the adjacent canal. The enclosed plans accurately depict the development proposed. If you have no objections to this proposal please check the statement below, sign and date the blanks and return the letter to: Doug Dorman, Quible and Associates,P.C., PO Drawer 870, Kitty Hawk,NC 27949. If you have objections you may contact me at 252-261-3300. You may also provide written comments to Mr. Dennis Hawthorne at the NC Division of Coastal Management, US 17 South, Elizabeth City,NC 27909. Written comments must be received within 30 days of receipt of this correspondence. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates,P.C. Douglas A. Dorman cc: James Phillips I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. Riparian Landowner Signature Date Quible ;,,r 0� � ' P.O.Drawer 870 Quible&Associates, P.C. _ VED „` ` Kitty Hawk,NC 27949 ENGINEERING-ENVIRONMENTAL SCIENCES•PLANNING Phone:252-261-3300 Fax 252-261-1260 SINCE1959 JUL 2��Z PRINCIPALS Sean C.Boyie,P.E. CERTIFIED MAIL Josephs. IdIvILaster,C.E.P. COASTAL 1\ii��AG���1V� EduardoJ.VaIdlvleso,P.E. RETURN RECEIPT REQUESTED �.tia.F=TH CITY ASSOCIATES Joseph J.AnIouf,P.E. David S.Neff July 2, 2002 Oden Brothers, LLC PO Box 177 Hatteras,NC 27943 Re: Major Coastal Area Management Act(LAMA)Permit Application Frisco,Dare County,North Carolina Dear Oden Brothers: The purpose of this correspondence is for Quible and Associates, P.C. to inform you as a adjacent riparian property owner to James Phillips, of the property owners plans to construct a single family residence within the 75'AEC, and a 6'x75' dock to provide access to the adjacent canal. The enclosed plans accurately depict the development proposed. If you have no objections to this proposal please check the statement below, sign and date the blanks and return the letter to: Doug Dorman, Quible and Associates, P.C., PO Drawer 870,Kitty Hawk,NC 27949. If you have objections you may contact me at 252-261-3300. You may also provide written comments to Mr. Dennis Hawthorne at the NC Division of Coastal Management, US 17 South, Elizabeth City,NC 27909. Written comments must be received within 30 days of receipt of this correspondence. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. Douglas A. Dorman cc: James Phillips I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. 1 have objections to the project as presently proposed and have enclosed comments. Riparian Landowner Signature Date SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X A ant ■ Print your name and address on the reverse Addressee so that we can return the card to you. B. Received by(Printed Name) C. D e of pelivery ■ Attach this card to the back of the mailpiece, O- 6^Sf NE 71 (J or on the front if space permits. tr- D. Is delivery address different from item 1? 13 Yes 1. Article Addressed to: If YES,enter delivery address below: o /JC^�diit,t�7E- /�c, 6�vX .2 33 1��C V L �3 ` 3. Service Type r ❑Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (/�2i S-YS y 3 �Z (Transfer from service label) 7Uvo U` CiU PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-0381 ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date f Deli ry item 4 if Restricted Delivery is desired. �,' L S,J� / 0 ■ Print your name and address on the reverse so that we can return the card to you. C. Signature ■ Attach this card to the back of the mailpiece, X -gent or on the front if space permits. '7�) ❑Addressee D. Is delive address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter dEM ��� Du-ar�d1 way ne— c--'d✓ I J o NOV 0 1 200? 3. S�erv�i e 'C'�±� LB Certified Mail ❑ F�aS`M�il ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. p"���" J 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) '7onf:) GYvGY� CAD 8�13,ry �02� PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signatu item 4 if Restricted Delivery is desired. ' ❑Agent ■ Print your name and address on the reverse X "�— dresse( so that we can return the card to you. B. ,eceived byeOfint.d Name) C. to7 7(�z Deliver) ■ Attach this card to the back of the mailpiece, / — �+J or on the front if space permits. f C�c ft D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES,enter delivery address below: TFlo Fredric PO Box Frisco NC 27936 JUL 2 3. Service Type ❑Certified Mail ❑ Express Mail = �A ��y GW. ❑ Registered ❑ Return Receipt for Merchandise NT ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7001 1140 0001 6056 6745 (Transfer from ser Doug PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-25C COMPLETE ■ Complete items 1,2, and 3.Also Complete A. i ure item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse X El Agent so that we can return the card to you. ❑Addresse ■ Attach this card to the back of the mailpiece, B. a vet by(Prince N C. D to of eliver or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1 ❑ as L If YES,enter delivery address below: ❑ No ODEN BROTHERS LL PO BOX 177r� 1 q�`, E® HATTERAS NC 27943 J t IV tL 2, (i I 3. Service Type ❑ Certified Mail ❑ Express Mail COASTAL MANAGEMENT ❑ Registered ❑ Return Receipt for Merchandise ELIZABETH CITY ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7001 1140 0 0 01 6 0 5 E 6 7 5 2 PS Form 3811,August 2001 Domestic Return Receipt p Doug 102595-01-M•250E OFFER TO PURCHASE AND CONTRACT JUL. 2 2. ?Opt COASTAL MANAGEMENT James-H.Phillips El 17AG11=TH C.ITY_, as Buyer, hereby offers to purchase and �.Ro12eR D.Basneit,Jf_ a5 Seller, upon acceptance of said offer, agrees to sell and convey,all of that plot,piece or parcel of land described below,together with all improvements located thereon and such fixtures and personal property as arc listed below(collectively referred to as the "Property"),upon the following terms and conditions: 1. REAL PROPERTY:Located in the City of. _Fr/sco County of Dare _ _, State of Nortlr Carolina,being known as and more particularly described as: Street Address _. .,_ Parcel 095940000. Frisco. _, Zip 27936 Legal Description; Ra&,Q #1 as perattaChed Subdivision plat _ - (X All ❑ A portion of the property in Deed Reference:Book_ 9112_,Page No. 0250 , _, _ Dare _ _County-) NOTE: Prior to signing this Offer to Purchase and Contract,.Buycr is advised to review Restrictive Covcnants,ifany, which may limit the use of the Property,and to read the Declaration of Restrictive Covcnants,By-Laws,Articles of Incorporation,Rules and Regulations,and other govcming documents of the owners association andiort(le subdivision,if applicable, 2. FIXTURES: The following items, if any, are included in the purchase price free of liens: any built-in appliances,light fixtures,ceiling fans, attached floor coverings,blinds,shades,drapery rods and curtain rods,brackets and all related hardware,window and door screens,storm windows, combination doors, awnings, antennas, satellite dishes; and receivers, burglar/fire/smoke alarms, pool and spa equipment, solar energy systems, attached fireplace screens,gas logs, fireplace inserts, electric garage door openers with controls, outdoor plants and trees(other than in movable containers), basketball goals,storage sheds, mailboxes,wall and/or door mirrors,and any other items attached or affixed to the Property,EXCEPT the following items:N/a 3- PERSONAL PROPERTY:The following personal property is included in the purchase price:N/a 4. PURCHASE PRICE:The purchase rice is S and shall be aid as follows: P P 90.000.00,, p (a) $ 500,00_ , EARNEST MONEY DEPOSIT with this offer by ❑ cash iX personal check ❑ bank check ❑ certified check ❑ other: to be deposited and held in escrow by—_,. - ,_ MidgQlLBeal _ ("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 thit5 contract by Seller, upon Buycr's request, all earnest monies shall be returned to Buyer, but such return shall not affect any other remedies available to Buyer for such broach. 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 camcst 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 d isburscment is ordered by a court of competent jurisdiction- (b) S N14 ,ADDITIONAL EARNEST MONEYDEPOSIT to be paid to Escrow Agent no later than 1V/a TIME BEING OF TIIE ESSENCE WITH REGARD TO SAiD DATE. (c) $N/a, -.,BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s)secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum. (d) $N/a ,BY SELLER FfNANCING in accordance with the attached Sellcr Financing Addendum. (e) S$9.500A0 ,BAT,ANCL of the purchase price in cash at Closing. 5. CONDMONS:(State NIA in each blank that is not a condition to this contract.) (a) Buyer must be able to obtain a F1 FHA ❑ VA(attach FI-IANA Financing Addendum) ❑ Conventional ❑ Other:_ _N/a loan at a [j Fixed Rate U Adjustable Rate in the principal amount of N/a _, (plus any financed VA Funding Fee or FHA MiP) for a term of N/a year(s),at an initial interest rate not to exceed N/a -,%per annum,with mortgage loan discount points not to exceed N/a-_ . %of the loan amount. Buyer shall apply for said loan within N/a_days of the Effective Date of this contract. Buyer shall use Buyer's best effort; to secure the lenders customary loan conunitmcnt Icttcr on or before ._ Wa----- and to satisfy all terms and conditions of the loan commmitment Icttcr by Closing. After the above letter date, Seller may request in writing from Buyer a copy of the loan commitment letter- If Buycr 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 nor then received a copy of the letter or the waiver. Buyer shall be msponSible for all costs with respect to any loan obtained by Buyer,except if Seller is to pay any of the Buyer's Closing c05Ls(including loan discount points),those costs are as follows:111/a (b)There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the Property for reside 2f a/ purposes- (e)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 oftrust,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 title, free of all encumbrances except:ad valorem taxes for the current year(prorated through the dale Of Closing); utility easements and unviolated restrictive covcaants 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 Loa public right of way. 6. SPECIAL ASSESSNIZNTS: Seller warrants that there are no pending or confirmed governmental special assessments for sidewalk.paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners'association special assessments,except as follows: none (Insert"None"orthc identification of such assessments,if any.)Scl Icr 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 7. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided,the following items shall be pmratcd and eithcr adju acd between the parties or paid at Closing: (a)Ad valorem taxes on real property shall be prorated on a calendar year basis through the date of Closing; (b)Ad valorem taxes on personal property for the entire year shall be paid by the Seller unless the personal property is conveyed to the Buyer,iu which case,the personal property taxes shall be prorated on a calendar year basis throughthe date of Closing;(c)All late listing penalties, if any,shall be paid by Seller, (d) Rents, if any, for the Property shall be prorated tluough the date of Closing;(e)Owncrs'association dues and other like charges shall be prorated through tlne date of Closing. Scllerrcpresents that the regular owners association dues,if any,are$ N/a per --S. CLOSING EXPENSES:Seller shall pay for preparation of a deed and all Other documents necessary to perform Sellers obligations under this agreement, and for excise tax(revenue stamps) required by law. Buyer shall pay for recording the deed and for preparation and recording of all instruments required to secure the balance of the purchase price unpaid at Closing. 9- FUEL: Buyer agrees to purchase from Seller the fuel, if any, sittlatcd in any tank on the Property at the prevailing rate with the cost of measurement thereof,if any,being paid by Scller. 10.EVIDENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effective Dare of this contrucl,copies of all title information in possession of or available to Seller,including but not limited to:title insurance policies,attorneys opinions OR title,surveys,covenants,deeds,notes and deeds of trust and easements relating to the Property, 11.LABOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor and materials, i1 any, furnished to the Property within 120 days prior to the dare of Closing have been paid for and agreeing to indemnify Buyeragainst all loss from any cause or claim arisingthcrcfrom. Im Thiv f rm has beenj ointny approved by the- srnrl�,ven FORM� North Carolina Bar Association 2 corvtaarlro L999 fege 1 Of 2 REAL-Toe North Carolina A.c40vSti of REALTORS®, Inc,ThL-IonnRodunodbrFAurmu/ararrFomioWtwerov3 toum]-1027 Ru er InitiY — Sellcr 111itiel9 Printr,t nn•rdnn4av,Novnmbor+o Inns to-t�,m 12. PROPERTY DISCLOSURE AND TNSPECTIONS: (a) Property Disclosure: ❑ Buyer has received a signed copy of thcN.C.Residential Property Disclosure Statement prior to the signing of this Offer to Purchase and Contract. ❑ Buycr has NOT received a signed copy of the N.C.Residential Property Disclosure Statement prior to the signing of this Offer to Purchase and Contract and shall have the right to terminate or withdraw ibis contract without penalty prior to WHICHEVER OF THE FOLLOWING EVENTS OCCURS FIRST: (1)the end of the third calendar day following receipt of the Disclosure Statement;(2)the end of the third calendar day following the date the contract was made;or(3)Closing or occupancy by the Buyer in the case of a sale or exchange_ X Exempt from N.C.Residential Property Disclosure Statement because(SEE GUIDELINES) . vacaMlot . ❑ The Property is residential and was built priorto 1998(Attach Lead-Based Paint or Load-Based Paint Hazards Disclosure Addendum.) (b) Property Inspection: Unless otherwise stated herein,or as otherwise provided on an inspection addendum attached hereto,Buyer shall have the option of inspecting or,obtaining at Buyers expense, inspections to determine the condition of the Property. Unless otherwise stated herein,it is a condition of this contract that: (1) the built-in appliances, electrical system, plumbing system, boating and cooling systems, roof coverings (including flashing and gutters),doors and windows,exterior surfaces,structural components(including foundations,columns, chimneys, floors, walls,ceilings and roofs), porches and decks,fireplaces and flues,crawl space and attic ventilation systems (if any),water and sewer systems (public and private),shall be performing the function for which intended and shall not be in need of immediate repair;(h)there shall be no unusual drainage conditions or evidence of excessive moisture adversely affecting the structure(s);and (in)there shall be no friable asbestos or existing environmental contamination. Any inspections shall be completed and written notice of nccessary repairs shall be given to Seller on or before IV/0 _. Seller shall provide written notice to Buyer of Scllers response within.y(g_days of Buyers notice.Buyer is Advised To have any inspections made prior to incurring expenses for Closing and insufficient time to perm any required repairs to be comt2leted by Closing. (c) Wood DestroyingInscets: Unless otherwise stated herein,Buyershall have the option of obtaining,at Buyer's expense,a report from a licensed pest control operator on.a standard form in accordance with the regu lations of the North Carolina Structural Pest Control Committee,stating that as to all strictures except y1�_- , _there was no visible evidence of wood-destroying insects and containing no indication of visible damage therefrom. The report must be obtained in sufficient time so as to permit treatment,if any,and repairs,if any,to be completed prior to Closing. All treatment required shall be paid for by Seller and completed prior to Closing,unless otherwise agreed upon in writing by the parties. The Buyer is advised that the' mection rev rt described in this oaragranh may not alwjXs reveal eit er structural damage or damage caused by ag_nts or organisms other than woad-destroying insecTs..If new construction,Seller shall provide a standard warranty of termite soil treatment. (d) Repairs: Pursuant to any inspections in(b)and/or(c)above,if any repairs are necessary,Seller shall have the option of completing Thom or refusing to complete them. If Seller elects not to complete the repairs,then Buyer shall have the option of accepting the Property in its present condition or terminating this contract,in which case all earnest monies shall be refunded. Unless otherwise stated herein,or as otherwise provided on an inspection addendum attached hereto,any items not covered by(b)(i),b(H),b(iri)and(c)above are excluded from repair negotiations under this contract. (e) Acceptance: CLOSING SHALL CONSTITUTE ACCEPTANCE OF EACFr OF THE SYSTEMS,ITEMS AND CONDITIONS LISTED ABOVE IN ITS THEN EXISTING CONDITION UNLES S PROVISION IS OTHERWISE MADE IN WRITING. 13. REASONABLE ACCESS: Seller will provide reasonable access to the Property (including working,existing utilities)through the earlier of Closingor possessionby Buyer,to Buyeror Buyer's representatives forthe purposes of appraisal,inspection,and/or evaluation.Buyer may conduct a walk-through inspection of the Property prior to Closing. 14. 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 nccessary in connection with Closing and transfer of title on or before .. Janu�y 15 2002 _ ,at a place designated by Buyer. The deed is to be made to _. buyer 15, POSSESSION:Unless otherwise provided herein, possession shall be delivered at Closing. In the event possession is NOT to be delivered at Closing: ❑ a Buyer Possession Before Closing Agreement is attached. OR, ❑ a Seller Possession After Closing Agreement is attached. 16. OTHER PROVISIONS AND CONDITIONS:(ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO.) A)See Additional Provisions Addendum B)Subject to buyer receiving Army Corp.of Engineers approval and CA A appro al to construct a 20 x 200 road to highlands on canal portion of property on or before January 15,2002.0 A L-�'}� .3 4V�_:perty J i�sr..e�ce. 17. RISK OF LOSS:The risk of loss or damage by five or other casualty prior to Closing shall be upon Seller.If the improvements are destroyed or materially damaged prior to Closing,Buyer may terminate this contract by written notice delivered to Seller or Seller's agent and all deposits shall be returned to Buyer. In the event Buyer does NOT elect to terminate this contract,Buycr shall be entitled to receive,in addition tothe Property,any of the Seller's insurance proceeds payable onaccount of the damage or destruction applicable to the Property being purchased. 18. ASSIGNMENTS: This contract may nor be assigned without the written consent of all parties,but if assigned by agreement,then this contract shall be binding on the assignee and his heirs and successors. 19. PARTTES:This contract shall be bindingupon and shall inure to the benefit of the parties,Le.,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. 20. SURVIVAL:If any provision heroin 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 patties hereto until fully observed,kept or performed. 21, ENTIRE AGREEMENT:This contract contains the entire agreement of the parties and there arc no representations,inducements or other provisions other than those expressed herein. All changes,additions or deletions hereto must be in writing and signed by all parties. Nothutg contained herein shall alter any agreement between a REALTORuo or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement,or any other agency agreement between them. 22. NOTICE AND EXECUTION: Any notice or communication to be given to a party heroin may be given to the parry or to such parry's agent. This offer shall become a binding contract (the"Effective Date")when signed by both Buyer and Seller and such signing is communicated to the offering party. This contract is executed under seal in signed multiple originals,all of which together constitute one and the same instrument,with a signed original being retained by each party and each REALTORS or broker hereto, and the parties adopt the word "SEAL" beside their signatures below. IF YOU DO NOT UNDERSTAND THIS OFFER TO PURCHASE AND CONTRACT OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGALNEEDS,YOU SHOULD CONSULT A NORTH CAROLiNA REAL ESTATE ATTORNEYBEFORE YOU SIGN iT. Buyer acknowledges having made an on-site personal examination of the Property prior to the making of this offer. Date: v niter 18,_2001 Date:__ �\ Buyer (SEAL) Seller (SEAL) James H.Phillip Robert D.Basnett,Jr. Date: _ Date: Buyer (SEAL) Seller (SEAL) Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the sane ill accordance with the terms hereof. Date November 19,.20.Q1_ Firm: _ _ MidgettReal�Ir By: Licensed Agent Selling Agcnt/Firm/Photre Dan Johnson/Midgen Realty1252-986-28a1_ext223 Acting as U Buyer's Agent (] Scllers(sub)Agent )(Dual Agent Listing Agent/Firm/Phone _ ,Dan JohnsoNMLs(gt'tt R®a/tyL252-986-2841,ext 223 Acting as ❑ Seller's(sub)Agent lX Dual Agent Pnge2of 2 thietamDNduwdbrll'Olr7r1t1�AtfaN'FtARN6ohWom✓,IOOS9b102T oN"i..A—u. a..,u...,",,h—IQ Vaal 1621-an ADDITIONAL PROVISIONS ADDENDUM NOTE: All of the following provisions which are marked with an 'IXI' shall apply to the attached Offer to Purchase and Contract. Those provisions marked I'N/A'I shall not apply. 1. _We_ EXPIRATION OF OFFER: This offer shall expire unless acceptance is delivered to Buyer or to_. _ on or before _ _. ❑ AM Cl PM, on _ _ ---,or until withdrawn by the Buyer,whichever occurs first. 2. X INTEREST BEARING TRUST ACCOUNT: Any earnest monies deposited by Buyer may be placed in the interest bearing trust account of the escrow agent named in the Offer to Purchase and Contract. Any interest earned thereon shall belong to the escrow agent in consideration of the expenses incurred by maintaining such account and records associated therewith. 3. X SEPTIC SYSTEM IMPROVEMENT PERMIT: This contract is contingent upon Buyer obtaining an Improvement Permit from the County Health Department for a conventional ground absorption sewage system for a four._bedroom home or _aroylkt2nallvsuitable lot evaluation . All costs and expenses of obtaining such Kermit shall be borne by Buyer, Buyer shall obtain such Permit or waive this condition in writing on or before midnight oDeeembor 15,,=11f a conventional ground absorption sewage system is not permitted,at the option of the Buyer,this contract maybe terminated and all earnest monies shall be refunded to Buyer. 4. —X _ FLOOD HAZARD ZONE: Buyer has been advised that the property is located in an area which the Secretary of HUD has found to have special flood hazards and that it will be necessary to purchase flood insurance in order to obtain any loan secured by the property from any federally regulated institution or a loan insured or guaranteed by an agency of the U.S.Government. 5. X APPRAISAL: The property must appraise at a value equal to or exceeding the purchase price or, at the option of the Buyer, this contract may be terminated and all earnest monies shall be refunded to Buyer. In the event this contract is not subject to a financing contingency requiring an appraisal,Buyer shall arrange to have the appraisal completed no later than midnight of_December$J 2001 In any event,the cost of the appraisal shall be borne by the Buyer. 6. N18 .. CLOSING OF EXISTING CONTRACT CONTINGENCY: This contract is contingent upon closing of an existing contract on the Buyer's real property located at:__ on or before if this contingency is not removed on or before midnight of _... Seller may terminate this contract and all earnest monies shall be returned to Buyer_ 7. N/a RENTAIANCOMF.dIN'VESTMENT PROPERTY: The Property is subject to existing leascs and/or rights of tenants in possession under month-to-month tenancies_ Seller agrees to deliver to Buyer on or before _. true and complete topics of all existing leases,rental agreements,outstanding tenant notices,written statements of all oral tenant agreements,statement of all tenant's deposits,uncured defaults by Seller or tenants,and claims made by or to tenants,if any. This contract is contingent upon Buyer's approval of said documents_ Buyer shall be deemed to have approved said documents unless written notice to the contrary is delivered to the Seller or Seller's agent within seven (7) days of receipt of same. If Buyer does not approve said documents and delivers written notice of rejection within the Seven day period,this contract shall be terminated and all earnest monies shall be returned to Buyer. NOTE: DO NOT USF. THIS PROVISION FOR PROPERTY SUBJECT TO THE NORTI-J CAROLINA VACATION RENTAL ACT. A VACATION RENTAL ADDENDUM SHOULD BE USED IN SUCH CASES, S_ N/a COST OF REPAIR CONTINGENCY: If a reasonable estimate of the total cost of repairs required by Paragraph 12(b)and Paragraph 12(c)of the Offer to Purchase and Contract equals or exceeds $ .. ,then Buycr shall have the option to terminate this contract and all earnest monies shall be returned to Buyer. IN THE EVENT OF A CONFLICT BETWEEN THIS ADDENDUM AND THE OFFER TO PURCHASE AND CONTRACT, THIS ADDENDUM SHALL CONTROL. Buyer: (SEAL) Date: November 12 2001 James H, h�llips Buyer: (SL`AL) Date: Seller: (SEAL) Date:__ _ Robert D.Basnett,Jr. Seller: (SEAL) Date; 113 This Standard Form has been NORTH CAROLINA BAR ASSOCIATION, INC. Smidard Form No-2-A-I1 approved jointly by the: Copyrighto')2000-A n.. RMTOR- NORTH CAROLINA ASSOCIATION OF REALTOR80?INC. owaa-rurrrtr -f af"r4r d-,odbyFormulnroertnewnvo,av3 eon-m-im Pri—ti o-t!^­ Nnva barv3.7011 14,14-15 JUL 2 OFFER TO PURCHASE AND CONTRACT COASTAL.'VA1,,'AGEMEN1` ELIZA`-'TH CITY James H.f?hilllos III , as Buyer, hereby offers to purchase and 14nWard Wayne Bazne _,as Seller, upon acceptance of said offer, agrees to sell and convey,all of that plot,piece or parcel of land described below,together with all improvements located thereon and such fixtures and personal property as are listed below(collectively referred to as the "Property"),upon the following terms and conditions: Frisco , County of 1. REAL PROPERTY': Located in the City of Dare , State of North Carolina,being known as and more particularly described as: Street Address Hlahvvay 1R Frlseo _ Zip Legal Description:_ Qarcel#0151AQN1,FrlscA NC 2793t3 (X All ❑ A portion of the property 1nDeed Reference:Book 111 2 ,Page No. — 0254 Dau County-) NOTE: Prior to signing this 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. FIXTURES: The following items,if any,are included in the purchase price free of liens:any built-in appliances,light fixtures,ceiling fans, attached floor coverings,blinds,shades,drapery rods and curtain rods,brackets and all related hardware,window and door screens,storm windows, combination doors, awnings,antennas, satellite dishes and receivers, burglar/fire/smoke alarms, pool and spa equipment, solar energy systems, attached fireplace screens,gas logs,fireplace inserts,electric garage door openers with controls,outdoor plants and trees(other than in movable containers),basketball goals, storage sheds,mailboxes,wall and/or doormirrors,and any other items attached or affixed to the Property,EXCEPT the following items:None 3. PERSONAL PROPERTY., The following personal property is included in the purchase price-None 4. PURCHASE PRICE! The purchase price is S 95,000.00 and shall be paid as follows: (a) $ 500.00 , EARNEST MONEY DEPOSIT with this offer by ❑ cash X personal cheek ❑ bank check ❑ certified check [] other, N/A to be deposited and held in escrow by _ Mldtlett_RQlty _ ("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 shell be returned to Buyer,but such return shall not affect any other remedies available to Buyerfor such breach, Inthc event this offcris accepted and Buyerbreaohes 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 orforfeiture 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 orescrow 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-9- ,ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than ,_N],A TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE. (c) 5-0--_ ,BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s)secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum. (d) $-Os ,BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (e) $94,500.00 ,BALANCE of the purchase price in cash at Closing. 5. CONDITIONS: (State N/A in each blank that is not a condition to ibis contract.) (a) Buyer must be able to obtain a❑ FHA ❑ VA(attach FHA/VA Financing Addendum) ❑ Conventional ❑ Other: N/A loan at a ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of NIA (plus any financed VA Funding Fee or FHA MIP)fora term of NIA year(s),at an initial interest rate not to exceed—�(9—%per annum,with mortgage loan discount points not to exceed NiA %of the loan amount. Buyer shall apply for said loan within NIA days of the Effective Date of this contract, Buyer shall use Buyer's best efforts to secure the lender's customary loan corranitment letter on orbefore NIA _and to satisfy ail terms and conditions of the loan commitment letter by Closing. After the above letter date, Seller may request in writing from Buyer a copy of the Ivan commitment letter. If Buyerfails to provide Scllera copy of the loan commitment letter ors 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 letteror the waiver. Buyer shall be responsible forall costs with respcet to any loan obtained by Buyer,except if Seller is to pay any of the Buyer's Closing costs(including loan discount points),those costs are as followsNone None _ (b)There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the Property for L.sidentlal purposes. (c)The Property must be in substantially the same or better condition at Closing as on the date of this offer,reasonable wear and tear excepted. (d)All deeds of trust,liens and othercharges againstthe Property,not assumed by Buyer,must be paid and satisfied by Seller prior to or at Closing suchthat cancellation may be promptly obtained following Closing.Sellershall remainobligatcd 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 title, free of all encumbrances except:ad valorem,taxes for the current year(prorated through the date of Closing); utility casements and unviolatod restrictive covenants that do not materially affect the value of the Property; and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public right of way. 6. SPECIAL ASSESSMENTS. Seller warrants that there are no pending or confirmed governmental special assessments for sidewalk,paving, water, sewer, or other improvements on or adjoining the Property,and no pending or confirmed owners'association special assessments,except as follows: None (Insert"None"orthc 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 _ 7. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided,the following items shall be prorated and either adjusted between the parties or paid at Closing: (a)Ad valorem taxes on real property shall be prorated on a calendar year basis through the date of Closing; (b)Ad valorem taxes on personal property for the entire year shall be paid by the Seller unless the personal property is conveyed to the Buyer,in which case, the personal property taxes shall be prorated on a calendar year basis through the date of Closing;(c)All late listingpcnalties,if any,shall be paid by Seller, (d)Rents, if any, for the Property shall be prorated through the date of Closing; (e)Owners' association dues and other like charges shall be prorated through the date of Closing. Seller represents that the regular owners association dues,if any,are$ IyonQ per None 8. CLOSING EXPENSES: Seller shall pay for preparation of a deed and all other documents necessary to-perfor Seller's obligations under;iris agreement, and for excise tax(revenue stamps)required by law. Buyer shall pay for recording the deed and for preparation and recording of all instruments required to secure the balance of the purchase price unpaid at Closing. 9. FUEL: Buyer agrees to purchase from Seller the fuel, if any, situated in any tank on the Property at the prevailing rate with the cost of measurement thereof,if any,being paid by Seller. 10.EVIDENCE OF TITLE: Seller agrees to use his best efforts to d eliver 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,attorneys opinions on title,surveys,covenants,deeds,notes and deeds of trust and easements relating to the Property, 11.LA13OR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfactory to Buyershowing that all labor and materials, if any,furnished to the Property withitt 120 days prior to the date of Closing have been paid for and agreeing to indemnity Buyer against all loss from any cause or claim arising therefrom. 03 This form has beei jointly approved try the: = STANDARD FORM 2 North Carolina Bar Association C0PYR101-ITb 1999 page 1 of z REALTOe North Carolina Association of REALTORS®,Inc, rmet�,pmeuceee,Fornlu/dtnr'F°°nssclr+�eavi aoa•aae•ten Huycr tnitialf _ Seller Initials e.i...a n.............. ,._...-..-w_.»inn..o......o 12. PROPERTY DISCLOSURE AND INSPECTIONS: (a) Property Disclosure: ❑ Buyer has received a signed copy of the N.C.Residential Property Disclosure Statement priorto the signing of this Offer to Purchase and Contract. 0 Buyer has NOT received a signed copy of the N.C.Residential Property Disclosure Statement prior to the signing of this Offer to Purchase and Contract and shall have the right to terminate or withdraw this contract without penalty prior to WHICHEVER OF THE FOLLOWING EVENTS OCCURS FIRST: (1) the end of the third calendar day following receipt of the Disclosure Statement;(2)the end of the third calendar day following the date the contract was made;or(3)Closing or occupancy by the Buyer in the case of a sale or exchange. X1 Exempt from N.C. Residential Property Disclosure Statement because(SEE GUIDELINES) Vacant Ladd ❑ The Property is residential and was built prior to 191(Attach Lead-Based Paint orl ead-Based Paint Hazards Disclosure Addendum.) (b) Property Inspection: Unless otherwise stated herein,or as otherwise provided on anlnspection addendum attached hereto,Buyer shall have the option of inspecting or,obtaining at Buyers expense, inspections to determine the condition of the Property, Unless otherwise stated herein,it is a condition of this contract that: (i) the built-in appliances, electrical system, plumbing system, heating and cooling systems, roof coverings (including flashing and gutters),doors and windows,exterior surfaces,structural components(including foundations,columns,chimneys,floors, walls, ceilings and roofs),porches and decks, fireplaces and flues, crawl space and attic ventilation systems (if any), water and sewer systems (public and private),shall be performing the function for which intended and shall not he in need of immediate repair;(ii)there shall be no unusual drainage conditions or evidence of excessive moisture adversely affecting the sttucture(s);and (Q there shall be no friable asbestos or existing environmental contamination. Any inspections shall be completed and written notice of necessary repairs shall be given to Seller on or before N/A . Seller shall provide written notice to Buyer of Seller's response within -0• days of Buyer's notice.Buyer is a iced to have any in�n`tiou made prior to incurrina-expenses for Closing and'n coffieient time to permit any reQuir. repairs to be compl" eted_by Closing, (c) Wood-Destroying Insects:Unless otherwise stated herein,Buyershall have the option of obtaining,at Buyer's expense,a report from a licensed pest control operator on a standard form in accordance withthe regulations of the North Carolina Structural Pest Control Committee,stating that as to all structures except NIA there was no visible evidence of wood-destroying insects and containing no indication of visible damage therefrom. The report must be obtained in sufficient time so as to permit treatment,if any,and repairs,if any,to be completed prior to Closing. All treatment required shall be paid for by Seller and completed prior to Closing,unless otherwise agreed upon in writing by the parties. The )3uysrIs adyi3ed that the inspection.report deconhod In this nami;T40 MaY not a ay4 reveal sinus damage or damage caused by gPentc r areanicros othe th n wood-destm�ying insects,If new construction,Seller shall provide a standard warranty of termite soil treatment. (d) Repairs: Pursuant to any inspections in(b)and/or(c) above,if any repairs are necessary,Seller shall have the option of completing them or refusing to complete them. If Seller elects not to complete the repairs,then Buyer shall have the option of accepting the Property in its present condition or terminating this contract, in which case all earnest monies shall be refunded. Unless otherwise stated herein,or as otherwise provid cd on an inspection addendum attached hereto,any items not covered by (b)(I),b(ii),b(ui)and(c)above are excluded from repair negotiations under this contract- (e) Acceptance: CLOSMG SHALL CONSTITUTE ACC •PTANCF.OF EACH OF THE CVSTF.MS_ITEMS AND CONDITTONS LiSTED ABOVF,iN ITS TNFN F.XiSTiNG CONDITION rN .cS PRQViSTON TS OTHF W1SF,MADEINMITTNG 13. REASONABLE ACCESS: Seller will provide reasonable access to the Property (including working,existing utilities) through the earlier of Closing orposscssionby Buyer,to BuyerorBuyees representatives forthe purposes of appraisal,inspection,and/or evaluation.Buyer may conduct a walk-through inspection of the Property priorto Closing. 14. 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 transferof title on orbefore Februarv_ at a place designated by Buyer. The deed is to be made to_ Buyer 15. POSSESSION: Unless otherwise provided herein,possessionshall be delivered at Closing. In the event possession is NOT to be delivered at Closing: ❑ a Buyer Possession Before Closing Agreement is attached, OR,❑ a Seller Possession After Closing Agreement is attached. 16, OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO.) A) See"Additional Provision&Addendum"attached. pg} 17. RISK OF LOSS: The risk of loss ordamage by fire or other casualty prior to Closing shall be upon Seller.If the improve t n th roperty are destroyed or materially damaged prior to Closing,Buyer may terminate this contract by written notice delivered to Seller or Sellcr's agent and all deposits shall be returned to Buyer. In the event Buyer does NOT elect to terminate this contract,Buyer shall be entitled to receive,in addition to the Property,any of the Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property being purchased. 18. 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. 19. PARTIES:This contract shall be binding upon and shall inure to the benefit of the parties,i.e.,Buyer and Seller and their heirs,successors and assigns. As used herein,words In the singular include the plural and the masculine includes the feminine and neuter genders,as appropriate. 20, SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed,kept or performed afterthe Closing,it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed,kopt orperformed. 21. ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and there arc no representations, inducements or other provisions other than those expressed herein. All changes,additions or deletions hereto must be in writing and signed by all parties_ Nothing contained herein shall alter any agreement between a REALTORG or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement,or any other agency agreement between them. 22. NOTICE AND EXECUTION: Any notice or communication to bo given to a party herein may be given to the party or to such parry's agent. This offer shall become a binding contract (the"Effective Date")when signed by both Buyer and Seller and such signing is communicated to the offering party. This contract is executed under seal in signed multiple originals,all of which together constitute one and the same instrument,with a signed original being retained by each party and each REALTORV or broker hereto, and the parties adopt the word "SEAL" beside their signatures below. IF YOU DO NOT UNDERSTAND THIS OFFER TO PURCHASE AND CONTRACT OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS,YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. Buyer acknowledges having made an on-site personal examination of the Property prior to the making of this offer. Date: „ 02 Ly Data: / 1�,,J Buyer r (SEAL) Seller (� ly'�. EAL) .lames H.Phillips Howar ayne Basnett Date.• Date: Buyer (SEAL) Seller (SEAL) EscrowA.gent acknowledges receipt of the earnest money and agrees to hold and disburse the same In accordance with the terms hereof. Date Firm: Mldgett Replty By- Licensed Real Estate Agent Selling Agc11t/Firm/Phone_ Dan Johnson/Mida�tt Realty 1986,2841 ext 223 Acting as ❑ Buyer's Agent ❑ Seller's(sub)Agent X Dual Agent Listing Agent/Firm/Phone Dan Johnson/Mldgott Realf+y i 986-2841 ®xt 223 Acting as 0 Seller's(sub)Agent X Dual Agent Page 2 or 2 lYJeb-pro—aDyFormaiaroeir.masoumvi Bm-3is-017 ADDTTTONAT.PROVISIONS ADDF," NOTE: All of the following provisions which are marked with an "X" shall apply to the attached Offer to Purchase and Contract. Those provisions marked "N/A" shall not apply. 1. N/A EXPIRATION OF OFFER This offer shall expire unless acceptance is delivered to Buyer or trN/A --_ ,on or before NIA 0 AM ❑ PM, on NIA ,or until withdrawn by the Buyer,whichever occurs first. 2. X INTEREST BEARING TRUST ACCOUNT: Any earnest monies deposited by Buyer may be placed in the interest bearing trust account of the escrow agent named in the Offer to Purchase and Contract. Any interest earned thereon shall belong to the escrow agent in consideration of the expenses incurred by maintaining such account and records associated therewith. 3. X SEPTIC SYSTEM IMPROVENIENT PERMIT: This contract is contingent upon Buyer obtaining an Improvement Permit from the County Health Department for a conventional ground absorption sewage system for a —..4__bedroom home or oroyisio� nally sultable sltg evaluallon . All costs and expenses of obtaining such Permit shall be borne by Buyer. Buyer shall obtain such Permit or waive this condition in writing on or before midnight of -1f39L0. If a conventional ground absorption sewage system is not permitted,at the option of the Buyer,this contract may be terminated and all earnest monies shall be refunded to Buyer. 4. X FLOOD HAZARD ZONE:Buyer has been advised that the property is located in an area which the Secretary of HUD has found to have special flood hazards and that it will be necessary to purchase flood insurance in order to obtain any loan secured by the property from any federally regulated institution or a loan insured or guaranteed by an agency of the U.S.Government. 5. X APPRAISAL:The Property must appraise at a value equal to or exceeding the purchase price or,at the option of the Buyer, this contract may be terminated and all earnest monies shall be refunded to Buyer. In the event this contract is not subject to a financing contingency requiring an appraisal,Buyer shall arrange to have the appraisal completed no later than midnight of 1/31/02 In any event,the cost of the appraisal shall be borne by the Buyer. 6. N/A CLOSING OF EXISTING CONTRACT CONTINGENCY: This contract is contingent upon closing of an existing contract on the Buyer's real property located atN/A NIA on orb efore NIA If this contingency is not removed on or before midnight of N/A ,Seller may terminate this contract and all earnest monies shall be returned to Buyer. 7. N(A RENTALINCOMF)INVESTMENT PROPERTY:The Property is subject to existing ]eases and/or rights of tenants in possession under month-to-month tenancies. Seller agrees to deliver to Buyer on or before N/A_ ,true and complete copies of all existing leases,rental agreements,outstanding tenant notices,written statements of all oral tenant agreements,statement of all tenant's deposits,uncured defaults by Seller or tenants,and claims made by or to tenants,if any. This contract is contingent upon Buyer's approval of said documents. Buyer shall be deemed to have approved said documents unless written notice to the contrary is delivered to the Seller or Seller's agent within seven (7) days of receipt of same. If Buyer does not approve said documents and delivers Written notice of rejection within the seven day period,this contract shall be terminated and all earnest monies shall be returned to Buyer. NOTE: DO NOT USE THIS PROVISION FOR PRQPERTY SUBJECT TO THE NORTH CAROLINA VACATION RENTAL ACT. A VACATION RENTAL ADDENDUM SHOULD BE USED IN SUCH CASES, S. _. NIA COST OF REPAIR CONTINGENCY:If a reasonable estimate of the total cost of repairs required by Paragraph 12(b)and Paragraph 12(c)of the Offer to Purchase and Contract equals or exceeds S NIA ,then Buyer shall have the option to terminate this contract and all earnest monies shall be returned to Buyer. IN THE EVENT OF A CONFLICT BETWEEN THIS ADDENDUM AND THE OFFER TO PURCHASE AND CONTRACT, THIS ADDENDUM SHALL CONTROL. Buyer: . P (SEAL) Date: 6 3 0.,. O Z James H.philllps Buyer: (SEAL) Date: Seller: (SEAL) Date: Howard W ne easnelt " Seller: (SEAL) Date: This Standard Form has been NORTH CAROLINA BAR ASSOCIATION,INC. Standard Form No.2-A-11 ® approved jointly by the:P�ALTOR- NORTH CAROLINA ASSOCIATION OF REALTORS®INC. Copyright® 2000-A �o�VeNp crrcrttvnrt� iHalartnDr—..dbyFOf7T)ll/2ff0!'Fortnesomvamvd BOOd3�1027 Rook Paso 1112 0250 PILED DARE COUNTY NC DAitE j "f!J; i'�:N IRIS A. FRY Resister of Deeds Document # QL�QQ3q Exolse Tax Recording Time,Book and Page , TaxLot No. .......................................... ............ ................, .. . ....._...... Parcel Identi ti`•••'.•' veritjedb tier No. .............. .......... ........................... Y ... ............................... „ ......... ............ County on the .............. day of Mail after recording to McCown & McCown, P.A. P.OB _......... ................................,................................ .......................... . ox 729, Manteo, NC 27954 .., .................................. -This instrument was prepared b Sue Vick McCown Brief description for the Index ......................... ........................................... NORTH CAROLIN-A. GENERA, WARRANTY DEED /of Division THIS DEED made this .. ....29thday of ...APr.il......... 1997 by and between GRANTOR GRANTEE Howard Wayne Basnett and wife, Robert D. Basnett, Jr. Irene Gaskins Basnett P.O. Box Frisco, NC 27936 P.O. Box 6 FrioCo, NC 27936 Enter in appropriate block for each tarty: name, addrtm, and, if aPP D ro r 4 t ,a character of entity,e,q, corporation or partnarei�lp. The designation Grantor and Grantee as used herein shall include said parties, theft heirs, successors, and aaalnd shall include singular, plural, masculine, feminine or neuter as required by context. WIT'NESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee certain lot or parcel of land siWated in the ovilla�e in fee simple, all that .Dare Frisco Hat,teYas. .. . ... .. ........... _. ..,,County, North Carolina and more particularly described as follows: ..... Township, Being Parcel No. I as shown on map or plat entitled "Survey for Robert Baanerr Helrs" made by Seaboard Surveying & Planning, Inc., Surveyors, Dared May 13, 1992 and recorded in Plat Cabinet D at Slide 264, Public Registry of bare County, North Carolina. N.C.by AkYGC,xorel NO.3 , 1976., RCViae l®I 977 J,Mw W I14M Co„Inc..a'.l Z7.Ybk:n l.,µ e. 7055 N. ,ev A V kKac,For,n.N,. Bar A 7. I e __ _ /r.7/1n Book page 1112 M1 X. =' The property herehiabove described was acquired by Grantor b Instrument recorded in ....,,.,,,•....,, basnett filed with the Clerk of superior Court,/ Dar he Olin of t ,..Robert D. ......................... •••..................... a aunty, North Carolina. .......................................I......................................... A trap showing the above described property is:'recorded in Plat �'e,t Slide D.................... ...xlc�c...,....2 64......... the rants AND TO HOLD the aforesaid ltit or parcel of land and all privileges and appurtenances thereto belonging to the Grantee is fee simple. And the Grantor covenants with the Grantee, that Grantor it seized of the premises In fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful clalrne of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described IS subject to the following exceptions: 1N t DA-oSb WHEREOF, the CrAntot has hereunto set his hand and Beal, Or If Corporate, / cotPorak name by its duly authorlaed "lite" and its stal to be her"i" Afflxo4 b sutnorlty of its Board of AlflC�ors, the W a at above written has eauaed this in tr4lveMt to be si nee Iti Iq Y Y Year first it (Corporate Rams) ----- H)o araWa]tii i ainet; -------- )e : ----- _Pesident ne: � -__-(tteasA,►L L) ) -ANee ATTEST: V ---------------- -----------^--- ^ '" p:MitNrrj�t�''.„-------Secretary(Corporate teal) w 4t=87A11iA,t/0�4, �. ;NORTJt CAROLINA. Dare - ^--(BEAL) �=�1 /� <'= - - -... ._. -----------County. �,; :{'1? +. i, a Notary Public of�the County and State araresald, Ccrti y th t lloward 00o itn•.p.•.;..� r a Wa�•ne-_ tt d $ Basner_t - Basne ^an 7 , C�1 C•'a � ----- ----------------- - - - -- - 2 : .. et Peryena117 aPPtarod before me r""-----`------Grantor, '.,. rn-.,�':,•' <' ,::: this day a aslcnowiedted the execution of the tore �.��l hand and ofrytlsl stem or thl tolbg IbsEenment.w ore my A ell t' day of-. - _ iVgr Corninlssloh --• ---`-- -- - le� Vires 1 /J"� /-, f MY Commission sxD er:_March1 402. ` 1-- -- ------ -�^ Pualie Uses SEAL-QTAhip NoitrR CAROLINA. ____-_ -- -- - ------ - �-----_County. 1, a Notary Public of the County and State aforesaid, certify that 1 Personally came before ma ' H a a7 and acknowledged that he Is _----„- x - --- -- ---------------.- secretary of W-rth tyC given and as the act of the corPotatlon Catatlaa e"Paratlon,and that by authority dulyM President.reeled , the foretptnt lnstr,roant`was signed In fill naa by lie--------------- With its corporate seal and attested by witness MY hap -- as its----, d area ortlCtat stampSecretary. or seq,this --------------------------- -------day or--_ Illy OamMl:elan ex9lree: J t The foregolnt ------ Notary Pu 11e Y,�'llbliG-tad Da>; -C -- ------------- lriare oeruried eo b. -----^------ --------------- ----- sirst DAge hereof, rrce This instrument and this cektifteate are duly n Y eetbtered at the date area this ^`---------- •and to the 8bo"nd Part cheap on the R$GISTtR OF n Dare£EbS FOR____^___ ----0410" NAcsistant•Resister of beeas N'C.Ber knoc.Form\o.3 c 1916 r nip e..y«—�y...�.-,,•. L, �.Y.:_RlSed i 19—� .1—.cA a-46:. -.r'<) •r... qA/fR NMOOOW NMOODW ZZGEELbZSZ 9Z:91 Z00Z/SZ/LO r r , BE..�.i j.." . BCb111' No FILED N© 3 - DIRE AUNTY ttC 05/08.f97 I0.37 AM DKIS A. FRY Resister Of Deeds nxrihe Tax _Q� tt1�rrOCIJiII�,tlf # xecorgiB Tax Lot No, ,,.,,,,• . gook and Page Verified by ............... .................................................... Parcel Identifier No. ............. �.._ ... County on the byay of ...... ...... ...................... I9 Mail after recording to .......•.McCown & McCown p,A, P.O. B. ................ .,.... ax129 ................ anteo, NC 27954 .................................................................. 'This instrument was prepared b ' y ... ue... . McCA�nl.......... ........ Brief description for the Index NORTH CAROLINA GENERAL WARRANTS DEED THIS DEE�of �i anion Ina a t�ts ........2�[lyay of ..... APi1 ....................... ..................... 1997........ by and between GIi ANT01t GRANTEE Robert D. Basnett, 'Jr, unmarried, Howard Wayne Barnett and wife, F oward Wayne Barnett and wife, Irene Gaskins Basnett rene Gaskin9 Barnett P.O. Box 6 Frisco, NO 27936 -0. Box Frisco, NO 2;'936 Enter in appropriate block for esch party; name,address and tt approyriatc, character of entity,e.q, corporation or partnera►yip. The deaignation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assign shall include singular, plurti, masculine, feminine or neuter as required by context, s, and WIT that the acknowledged, Grantor, for a valuable consideration paid by the Grantee, the receipt of khich' ]s hereby has and by theme presents d�o/es rant, bargain, sell and convey unto the Grantee to tee strnpUe, all that certain lot or parcel of land situated in the Qju o e.. . Frisco ..... ....................... .... ....... a.re.• ........... County.North Carolina and moreParticularlyHat xeraR.. ...................: Township, described as follows: Being Parcel No. 2. as shown on map or plat entitled, I'SurvdY fo made lay Seaboard Surveying 6 Planning, Inc., Surveyors, dated MayR13, 1 92anBaatt He7rs", in Plat Cabinet D at Slide 264, Public Registry of Daze County, North Carolina.recordad 1 N.C.par A.euc.rurm No.3 0 1976,ReviSed m 1977 o1*1,0 W Aor. .,wire tht N.C.Ou w,wc- —Jw.wNIWm a Ce.,ik..Ye.n7.YrWn.iiu,N, .sa a»oa 'l 1 Baol Page 1112 0255 The Property hereinabove described wan acquired by Grantor by instrument recorded in .ttl _,Wi31 Of Rppext P.,..... Basnett filed with the clerk of Superior Court, Dare County, ]forth Carolina .......... Cabi A map showing the above described property is recorded in 3 Exaft.......... ...D.................... Slide.....264......... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises In fee simple, has the right to convey the same in foe simple, that title Is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: tN wITNUS WIIZXROF, the Grantor has hereunto cs$ his hand and feat, or It corporate,has caused this ihstromont to be signed to its corporate name by Its duly arrthodaeA officers and its seal to be Asr*oheo prftx by ■4thorlty or 1te IIoard of Director., rho AaY and year first 4bOV4 wtittep• 1 �< (Corporate Name) „� ' --- -___(SEAL) Robert D. Batinett, Jr- G - ----- ^-_(SICAL) ---,•••--------------------Pteddent ^y�" lit)Ward Wayne nnBa @tt ATTUT: a Irenizasl _.__. -•----------------------------`-------•------.._-------=. iris BaBilett ^•-•---- •�' _9oct*tars(Corpo*ate staff) ,`•!i'3;"",'ir,l'':.----- ►� -------------—-----------------`------ ^---------..MAL) NORTH CAROLINA. ___.._Darr------ carroty.------- �' L A Notary Public of the Count and State aforesaid, ccrtity that Z K` oTnr;•Y �, y Rnbert_I?�.Hasttets,_.Jr.-- - - t•.�h�,: :w lr'� unmarried,__--nd_iloward_ -----Wayne-Basnett and wife-. .Irene Ga�ikine B8snettGraawr, Denolfall7 appeare4 Dtfnio roe this day lAn4 acknowledged the execution of the foregoing Intil"AIIIIIII.L Wtness my .. _ !+,�• •,'i''��.:b hand and offlCial stamp or aeFl,thlc day or My Cnmmiseion XPOS March 2 20p2 f/ .;'�•::..,,,�,.n,'" My aommiaaion ext+lres: OL, Public SEnL-STAMP NORTH CAROLINA- -------- _____,_ _CeUhty. 1. it Notary Public of the County and state aforesaid, certify that .............. .It Personally cam* berott me this "Y ae4 acknowledges that____he L .•,__-_ A ___-------________ secretary of •-----------------------------------— ---------------- A Nortni Carolina cOtporation,and that D authority n Y oflty duly elven and as the set er the eorperatron, the fortgoina instrument was signed in its riame by its )rresideht, sealed w1N Its corporate seat and att ested b7 __ as Its----------------- 6etrlLaty, WilnUt my hand aaA official st&MD or anal,this_ -----day at df7 MY eomlhissfon expires:............ --- _ Notary raDllc -:r -^-- ----- - - -- - ^- The foregoing cettt:teate(1) or0$nnietia �QT� a_Irk1 bli of --- �'- ---- ------_r, 4)TltYt_1Vorth Carolina - -`--- - -�-- -- - -----•`-- - ---- -. fs/are eertlfie4 to 1l0 correct. This instrument and this certificate are 4uly registered at ina date and lime and in the n.k antf Page 9AOw n Oa the drat page hereof,- - -- - Dxxi—, ----A-'--- -..RBGIYTER OF DEEDS tort_--- Srt: --- ----`-- C "" _ --^ ' --� Tlli►tsUtaht-Register of Deeds r r -�� l,imn,)nw wmn,).,)w r ZZBEELVZSZ 9Z:91 Z00Z/SZ/L0