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HomeMy WebLinkAbout39647_DIEHLMAN, LAWRENCE_20040831E rAMA / [:]DREDGE & FILL GENERAL PERMIT F—'�New ❑Modification El Complete Reissue ❑Partial Reissue As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC Applicant Name 1 aiv►Fr+e r r• L) Address CityNio k, • G State +' ZIP Phone # (� ��()' f G `l l Fax # ( ) Authorized Agent c w , a Affected ❑ CW ©EW 6 PTA ❑ ES ❑ PTS AEC(s): ❑ OEA HHF ❑ IH ❑ UBA ❑ N/A ❑ PWS: ❑ FC: ORW: yes / ho PNA yes / Crit. Hab. yes / no Type of Project/ Activity —C Previous permit # Date previous permit issued L,6 Rules attached. Project Location: County (a. 4 t & <-f Street Address/ State Road/ Lot #(s) i.1 1, A Subdivision 'U City =;*gv�E a ZIP Phone # O River Basin Adj. Wtr. Body /c rnat /man /unkn) Closest Mal. Wtr. Body—(, r., ( 1 FP 141 (Scale: Ncn F Pier (dock) length � Platform(s) ', L a 7' Finger pier(s) Groin length number -- - --- — Bulkhead/ Riprap length_, avg distance offshore ,� L max distance offshore + Basin, channelT}--� (!VA �LJ" cubic yards Boat ramp - Boathouse/ Bbatlift �1, Bulldozing` - Beach Other 11 T Shoreline Length SAM not sure yes no _ ---- --- ---- - - — - — - --_ Sandbags: not sure yes no 6 Moratorium: n/a yes no Photos: yes no Waiver Attached: yes no — -- ---- ---- --- A building permit may be required by: -i t+ t J (c See note on back regarding River Basin rules. Notes/ Special Conditions 1, rcrMr n) M-,J 4c,, ��u, 1 CC I r I 46varl. <<. /`i� .- �` I ti f+ (A 1tf11,4. =t,«� �t. , -7 ! t,,4( �. -i iv, ,{ ' ,�,�n I �� N4- n•- j Agent or Applicant Printed Name Signature "Please read compliance statement on back o permit" ll+cc-cC �c3 r��rrry dF� Application Fee(s) Check # 1" tab/ fr�a l L Permit Officer's Signature Issuing Date Expiration Date /n!4f,(!1'. JG+ 1L-le Local Planning Jurisdiction Rover File Name Statement of Compliance and Consistency This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certifythat this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: Tar- Pamlico River Basin Buffer Rules Neuse River Basin Buffer Rules Other: If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-395-3900) for more information on how to comply with thesebuffer rules. Division of Coastal Management Offices Central Office Elizabeth City District Mailing Address: 1367 U.S. 17 South 1638 Mail Service Center Elizabeth City, NC 27909 Raleigh, NC 27699-1638 252-264-3901 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / 1-888-4RCOAST Fax: 919-733-1495 Fax: 252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Morehead City District 151-B Hwy. 24 Hestron Plaza II Morehead City, NC 28557 202-808-2808 Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-395-3900 Fax: 910-350-2004 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) www.nccoastaimanagement.net Revised 10/05/01 A MICRO-PRUrF DATE LINL AND P.O. BOX 9476, MINNEAPULlb, MN 5548U ....... _­ PLA I LIKES WILL 1,NDICA I L A DATE—,----,-- ' 9/ Z 6 / 7 CC. — CC TravelersExpress. 75-/153 9 0 IJJ 9 MoneyGram. 7-7476067380 cc 0 PAY TO THE >_ ORDER OF. LU PURCHASER, BY SIGNING YOU AGREE TO THE SERVICE CHARGE AND OTHER TERMS ON THE REVERSE SIDE. IMPORTANT SEE BACK BEFORE CA5*qlNG 0 PURCHASER, SIGNER FOR DRAWER ..... 4- 0 PURCHASER'S ADDRESS J, A., '-J. A/c z e­ 5-7 Pyable ,Thru NOT 10. LU National Bank South Central GOOD 1, Faribau t, MN OVER 00- 1:09190OS311:??[-, 76057383l" 90 rnc-v\r-- �o A 1.79 INTRACOASTAL WATERWAY 839.18 69.96 86.25 99 53 101.69 108.39 105.88 GABE LLC GABE LLC Diehlman N. Rodriquez Smith Hardee Property Property Property Property Property Property o o N N -- O N V 20' AD EASEMENT PROPOSED 77.39 97.82 ___ 90.26 82.09 91.05 79.40 140.38 Sight Plan N00°38'03"W Diehlman Property Lot #8 Block C Sea Gate Beaufort Township Notes: -7;KK-0 i Proposed 6'x65' max. access to a-&@4t8' "T" running with gazebo and two uncovered boat lifts on either side of the proposed plat form VACANT LOT OFFER TO PURCHASE AND CONTRACT NOTE: This contract is intended for use only for lots which have been developed pursuant to a Subdivision Ordinance adopted by a City or County and for which a plat has been recorded in the Office of the Register of Deeds in the county in which the property is located. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract (Form 2) with the New Construction Addendum (Form 2A3). LAW(-e_1ACe_ W • 17. 't!Jn1ma++ � iu (�e _(1'�t-y L nvte 7f lL'..k�tMA�_. as Seller, hereby offers to purchase and <N "IL _L C_ �—� _ as Seller, upon acceptance of said offer, agrees to sell and convey, ali of that plot, piece or parcel of land described below (hereafter referred to as the "Property"), upon the following terms and conditions: 1. REAL PROPERTY: Located in the City o. 13amuNr4— , County of C.f.1.tr*-ere.+ State of North Carolina, being known as and more particularly descnW as: Street Address Zip Subdivision Name *Jlock_ C. Plat Reference: Lot -2W tea —,Block or Section as shown on Plat Book or Slide _ at Page(s) _(Property acquired by Seller in Deed Book at Page NOTE: Prior to signing this Vacant Lot Offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants, if any, which may limit the use of the Property, and to read the Declaration of Restrictive Covenants, By -Laws, Articles of Incorporation, Rules and Regulations, and other governing documents of the owners' association and'or the subdivision, if applicable. 2. PURCHASE PRICE; The purchase price is $, 7% O of . —�- _ and shall be paid as follows: (a) S 1, 000 • EARNEST MONEY DEPOSIT with this offer by ❑ cash U personal check O bank check 0 certified check ❑ other: to be deposited and held in escrow by 14h Nnrdef, Arid Co. Tr y t ee• vim_ ("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 Seiler, upon Buyer's request, all earnest monies shall be returned to Buyer, but such return shall not affect any other remedies available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this contract, then all earnest monies shalt be forfeited upon Seller's request, but receipt of such forfeited earnest monies shall not affect any other remedies available to Seller for such breach. NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow by a broker, the broker is required by state law to retain said earnest money in the broker's trust or escrow account until a written release from the parties consenting to its disposition has been obtained or until disjursement is ordered by a court of competent ,jurisdiction. (b) S % !2,06. — ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than l , TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE.. (c) S 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) S --,,BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (e) $�7&O 4 , BALANCE of the purchase price in cash at Closing. 3. CONDITIONS: (State N!A in eac tank that is not a condition to this contract.) (a) Buyer must be able to obtain a Co vent* nal O Other: an at a ❑ Fixed Rate ❑ Adjustable Rate in the f'cipaI amount of _ , i Q for a term ofYsall year(s), at an initial interest rate not to exceed '^ _°/. per annurrLAwith mo ge loan discoant points not to exceed% of the loan amount. Buyer shall apply for said loan within , i l 1 days o1' the Effective Date oft contract. Buyer se Buyer's best efforts to secure the lender's customary loan commv{tment letter on or before and to satisfy all terms and conditions of the loan commitment letter by Closing. After the a o e l Vr date, eller may fecluest in writing from Buyer a copy Page I of 4 This form jointly approved by: at�North Carolina Bar Association C • North Carolina ciation of REALTORS®, Inc. ........,, Buyer Initial Seller Initials_____ STANDARD FORM 12 - T 0 7/2003 11. SEWER SYSTEM (check only ONE): ❑ Buyer has investigated the costs and expenses to install the sewer system approved by the Improvement Permit attached hereto as Exhibit A and hereby approves and accepts said Improvement Permit. ❑ Seller represents that the system has been instalied, which representation survives Closing, but makes no further representations as to the system. Buyer acknowledges receipt of the Improvement Permit attached h►reto as Exhibit A. Buyer shall have the option of inspecting or obtaining, at Buyer's expense, inspection(s) to determine the condition of the sy::tem. If the system is not performing the function for which intended and is in need of immediate repair, Buyer may terminate this Contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by this condition cannot be satisfied, time being of the essence. ❑ This contract is contingent upon Buyer obtaining an Improvement Permit or written evaluation from the County Health Department ("County"l for a (check only ONE) ❑ conventional or ❑ other ground absorption sewage system for a -- bedroom home. All costs and expenses of obtaining such Permit or written evaluation shall be borne by Buyer, except Seller, by no later than , shall be responsible for clearing that portion of the Property required by the County to perform its tests and/or inspections. Buyer shall use Buyer's best efforts to obtain such Permit or written evaluation. If the ground absorption sewage system is not allowed, Buyer may terminate this contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by that. this condition cannot be satisfied, time being of the essence. ❑ Buyer has investigated and approved the availability, costs and expenses to connect to a O public or 0 community sewer system. 12. SOM, WATER, UTILITIES AND ENVIRONMENTAL CONTINGENCY: This contract is contingent upon Buyer obtaining report(s) that (i) the soil is suitable for Buyer's Intended Use, (ii) utilities and water are available to the Property, (iii) there is no environmental contamination, law, rule or regulation that prohibits, restricts or limits Buyer's Intended Use, and (iv) there is no flood hazard that prohibits, restricts or limits Buyer's Intended Use (collectively the "Reports" }. All cost% and expenses of obtaining the Reports shall be borne by Buyer. Buyer shall use Buyer's best efforts to obtain such Report-. If the Report- cannot be obtained, Buyer may terminate this contract and the Earne.-t Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by that this condition cannot be satisfied, time being of the essence. 13. RIGHT OF ENTRY, RESTORATION AND INDEMNITY: Buyer and Buyer's agents and contractors shall have the right to enter upon the Property for the purpose of appraising the Property, and performing the tests and irtrpectiens permitted in Sections 11, 12 and 13 of this contract. If Buyer terminates this contract as provided herein, Buyer shall, at Buyer's expense, restore the Property to substantially its pre -entry condition within thirty days of contract termination. Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property. This indemnity shall survive this contract and any termination hereof. Notwithstanding the foregoing, Seller shall be responsible for any lost, damage, claim, suif or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. 14. OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO ms CONTRACT AND ATTACH HFRETO.)The- oP wit 1c4 is sulojccF 4a 41%t +eev" 1 " 41 C"'c1*4 v%S e4 +,�& IZatafv&)wa 1 I*+"yg'Pkast. 3r. S+o�njon Le.^4 tn'. T.t hwytl ataekf No4. to P%-Ckwtt 5�.+1+,n LwNdfq� -i�ar. ^il�++s C.nEracl bccomai nvl! and, Yord. 15. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. 16. ASSIGNMENTS: This contract may not be assigned without the written consent of all parties, but if assigned by agreement, then this contract shall be binding on the assignee and his heirs and successors. 17. PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties, t.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. 19. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 19. ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR' or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. Page 3 of 4 STANDARD FORM 12 - T Buyer initials _ Seller Initials _ 0712003 of the 'soar commitment letter. If Buyer fails to provide Seller a copy of the loan commitment letter or a written waiver of this loan condition within five days of receipt of Seller's request, Seller may terminate this contract by written notice to Buyer at any time thereafter, provided Seller has not then received a copy of the letter or the waiver. (b) There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the Property for Spok Decte _ purposes ("Intended Ilse"). (c) The Property must be in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. (d) All deeds of trust, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (e) Title must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple marketable and insurable title, free of all encumbrances except: ad valorem taxes for the current year (prorated through the date of Closing); utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public right of way. 4. SPECIAL ASSESSMENTS: Seller warrants that there are no pending or confirmed governmental special assessments for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' association special assessments, except as follows: _ Kay%4- (lnn "None" or the id 8eentification of such assessments, if any.) Seller shall pay all owners' association assessments and all govertunentai assessments confirmed through the time of Closing, if any, and Buyer shall take title subject to ail pending assessments, if any, unless otherwise agreed as follows: lions 5. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the parties or paid at Closing: (a) Ad valorem taxes on real property shall he prorated on a calendar year basis through the date of Closing; (b) All late listing penalties, if any, shall be paid by Seller; (c) Rents, if any, for the Property shall be prorated through the date of Closing; (d) Owners' association dues and other like charges shall be prorated throu h the date of Closing. Seller represents that the regular owners' association dues, if any, are S ' - — per ��� 4& ed' lheA 6. CLOSING EXPENSES: Buyer shall be responsible for all costs with respect to any loan obtained by Buyer. Buyer shall pay for recording the deed and for preparation and recording of all instruments required to secure the balance of the purchase price unpaid at Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this agreement, and for excise tax (revenue stamps) required by law. If Seller is to pay any of Buyer's expenses associated with the purchase of the Property, the amount thereof shall be S_ Nov 4. excluding any portion disapproved by Buyer's lender. 7. EVIDENCE OF TITLE: Seller agrees to use his best efrorts to deliver to Buyer as soon as reasonably possible after the Effective Date of this contract, copies of all title information in possession of or available to ScilyY, including but not limited to: title insurance policies, attorney's opinions on title, surveys, covenans, deeds, notes and deeds of trust and easements relating to the Property. Seller authorizes (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; and (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or tit'.e insurer's agents) file to Buyer and froth Buyer's and Seder's agents and attorneys. 8. LABOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor and materials, if any, furnished to the Property within 120 days prior to the date of Closing have been paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. 4. CLOSING: Closing shall be defined as the date and time of recording of the deed. All parties agree to execute any and all documents and papers necessary in connection with Closing and transfer of title on or before 0 Clolitkr I0�0 at a place designated by Buyer. The deed is to be made to S}�wvl�o CLQSINC SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEY EXISTING Ct3NpITiON LT LESS trr,hd�A PROVISIONIS OTHERWISE MADE IN WRITING 10. POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing. No alterations, excavations, tree removal or other such activities may be done before possession is delivered. Buyer Initials Page 2 of 4 x Sefier Initials STANDARD FORM 12 - T 07,12003 20. NOTICE AND EXECUTION: Any notice or communication to be given to a party herein may be given to the party or to such party's agent. This offer shall become a binding contract (the "Effective Date") when signed by both Buyer and Seller and such signing is communicated to the offering party, This contract is executed under seal in signed multiple originals, all of which together constitute one and the same instrument, with a signed original being retained by each parry and each REALTOR` or broker hereto, and the parties adopt the word "SEAL" beside their signatures below. Bayer acknowledges having made an on -site personal examination of the Property prior to the making of this offer. THE NORTH CAROLINA ASSOCIATION OF REALTORSE, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. Date: owl, IL, 2 ev--�-- Buyer.; EAL) Date: Date: s'L` / Z.:`D Seller'C C �c,(SEAL) Date: Buyer __(SEAL) Seller (SEAL) Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with the germs hereof. Date P, ''yam `,v. -- — Firm: r ikt^ J BY:Gr1 (Signature) Selling AgenvTirm/Phone Listing Agent/Firm/Phone Acting as C] Buyer's Agent O Seller's (sub)Agent Acting as ❑ Sclier's (sub)Agent Page 4 of 4 Dual Agent M Dual Agent STANDARD FORM 12 — T V 7/2003 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT (FOR A PIERIMOORING PII,ING.''IBOATLIFTIBOATHOUS ,j—�ki , �)—, I hereby Certify that I own property adjacer(t to . erty Owner) property located at L&{ -*-*S Sw,0.�- --v-- (Lot, Block, Road, etc..) on Svc 0064c,.l GJakr wac, ,in '$eaijf r, - ,N.C. (Waterbody) I (Town and/or County) He has described to me, as shown below, the development he is proposing at that location, and, I have no objections tom his proposal. I understand that a pier/mooring pilings/boatlift/boathouse must be set back a minimum distance of fifteen feet (15) from my area of riparian access unless waived by me. I do not wish to waive the setback requirement. I do wish to waive the setback requirement. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (TO BE FILLED IN BYINDIVID UAL PROPOSING DEVELOPMENT) NI(A 31U5 �odr�ue.-zivo - C-ravlber"ry T-we. '-?O j& 0(4co M N igiiature N��CIAS �dtr i'rint or Type Name '%ZV- `7'7 9 - 5 -,/-) t Telephone Number Date: Y /'�' p 11-DJACENT RIPARIAN PROPERTY OWNER STATEMENT (I -OR A PIERIHOORING PII.ING.� L?o ITLIF7%BOATHOUSE) N I hereby Certify that I own property adjacent to Lire ;��1� 4,,, .�_Is (Warne of Property Owner) property located at Lof 1* 19 Sea (2aje- � (Lot, Block, Road., etc..) '�roaSiva �a ,in ',�e��. ,c N.C. (Waterbody) (Town and/or County) He has described to me, as shown below, the development he is proposing at that location, and, I have no objections tom his proposal. I understand that a pier/mooring pilings/boatlif /boat1house must be set back a minimum distance of fifteen feet (15) from my area of riparian access unless waived by me. I do not wish to waive the setback requirement. I do wish to waive the setback requirement. ----------------------------------------------------------------- DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (TO BE FILLED IN BYINDIYIDUAL PROPOSING DEVELOPMENT) Signature %2 j _ Print or Type Name Z ?�71T/nZc��> Telephone Number ��"— Date: 4�r- Z'�''✓ ..