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36737_HARDIE, A. E._20031204
C] CAMA / ❑DREDGE &FILL GENERAL PERMIT Previous permit # ❑New ❑Modification []Complete Reissue El Partial Reissue Date previous permit issued 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 ❑ Rules attached. Applicant Name_ /j !' 1 err 1 d c Project Location: County Address / 1 "f �, Street Address/ State Road/ Lot #(s) Cir, !y State ZIP -- - —L�-- Phone # O `t1Fax # O Subdivision tie C Agent tv 11 Ag City r.r r:,/« ! - ZIP Authorized 'c S! Affected — Cw ZEW EkPTA (❑ES El Phone # (_ - _) _ River Basin OEA ❑ HHF ❑ IN ❑ UBA ❑ N/A ; c at.Vman /unk n AEC(s): Adj. Wtr. Body!z . _ c _ ) PWS: ElFC: Closest Ma . Wtr. Body _- �+ r r e w_ ORW: yes / no PNA yes / no Crit. Hab. yes / no I y Type of Project/ Activity Pier (dock) length J` t Platform(s) 1 t Finger pier(s) Groin length number Bulkhead/ Riprap length avg distance offshore max distance offshore Basin, channel cubic yards _ Boat ramp -_ Boathouse/ Boatlift >< t+.eo�.�ar�cj Beach Bulldozing Other Shoreline Length r I �` SAV: not sure yes no Sandbags: not sure yes no Moratorium: n/a yes no Photos: yes no Waiver Attached: yes no A building permit may be required by: Notes/ Special Conditions (Scale: i u 1 0>! f ±V V. I See note on back regarding River Basin rules. Agent or Applicant Printed Name Permit Officer's Signature Signature Please read compliance statement on back of permit Issuing Date Expiration Date Application Fee(s) Check # Local Planningjurisdiction 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 ❑ Other: ❑ Neuse River Basin Buffer Rules 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 Mailing Address: 1638 Mail Service Center Raleigh, NC 27699-1638 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / 1-888-4RCOAST Fax: 919-733-1495 Elizabeth City District 1367 U.S. 17 South Elizabeth City, NC 27909 252-264-3901 Fax: 252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Morehead City District 151-13 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.nccoastalmanagement.net Revised 10/05/01 North AmeA caelBank ng Company. MN 75-1555 4LOBAL EgpREB$° 912 o��,b MONEY 01KDE' i. 200665273 G 11E EXPRESS MONEY ORDERS.,R GiOeE�`,En F: M . 0 . #200665273 I YERSP" °'CKPT': KENNY' S BP 6830 11/24/03 � ::; 1 OODOLSOOCTS ONE HUNDRED AND 00/100 DOLLARS NOT VALID OVER PAY TO THE �En�� iI ORDER OF - DnEY RaDEP „4=EP=PDnnEs .�. :le, PE�EP,E�. PURCNA5ER. SIGNER Fok DRAWER 1:0912ISSSG': 370020066527311' �radi Z aw► buy;e)� /0 Ru P/A � Na S years a y o . 4A Co r n tr s arm s4v eplease. oJ�Ve- enf- A, Call- wkk h yej havr pc rm t v St. c' coo CayAc- Pic.lG ; p crec.k wo,iG 11 ke 4t, ST�f Y GL scoK txs 'Poss�blf-. /case. Pec.1 P r ell w� y&V h"V-. ari y �e-s,,. s . /�� Hirdec Xt7eNt*40 S VACANT LOT OFFER TO PURCHASE AND CONTRACT NOV 2 6 2003 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 Purchase a d ontract (Form 2) with the New Construction Addendum (Form 2A3). //-Z-0 "� _ _ _.. — , as Buyer, hereby offers to purchase and _ / •_ , as Seller, upon acceptance of said offer, agrees to sell and convey, all of tt at piece or parcel of land described below (hereafter referred to as the "Property"), upon the following terms and conditio 77 1. REAL P P RTY: Located in the City of -___ '�� ��� County of �� 2�'2e� State of Norvarolina, being known as and more partuplar�y��cfib�d as: Street Address ,LDS / (P Subdivision Name �/✓�D �� ���� Plat Reference: Lot �_- , Block or Section.�oCTC as shown on Plat Book or Slide t 1 _ at Page(s) 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 oft F&n0 'soociation and/or the subdivision, if applicable. 2. PURCHASE PRICE: The purchase price is $ `�j�__ �-O_4- _ - ._ _ _-_ - - - _ and shall be paid as follow • �r®�•ii _.__, EARNEST MONEY DEPOSIT with this offer by O cash O personal check bank check Ocertified k--bother: ��iso�th�erw� to be deposited and held in escrow by �i�f/ ) �O/✓ ("Escrow Agent") until the sale is closed, at which tim ill be credited to Buyer, or until thi contrated. In the event: (1) this offer is not accepted; or (2) any the conditions hereto are not satisfied, then all earnest monies shall be returned to Buyer. In the event of breach of this contract by Seller, upon Buyer's request, all earnest monies shall be returned to Buyer, but such return shall not affect any other remedies available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this contract, then all earnest monies shall be forfeited upon Seller's request, but receipt of such forfeited earnest monies shall not affect any other remedies available to Seller for such breach. NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow by a broker, the broker is required by state law to retain said earnest money in the broker's trust or escrow account until a written release from the parties consenting to its disposition has been obtained or until disbursement is ordered by a court of competent jurisdiction. (b) $ , ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE. (c) $ iv , 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) $ �o BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (e) $ o_�BALANCE of the purchase price in cash at Closing. 3. CONDITIONS: (State N/A in each blank that is not a condition to this contract.) (a) Buyer must be abl to obtain a 1-1 FHA 1 VA (attach FHANA Financing Addendum) ❑ Conventional El Other: /Q - - loan at a D Fixed Rate ❑ Adjustable Rate in the principal amount of (plus any financed VA Funding Fee or FHA MIP) for a term of year(s), at an initial interest rate not to exceed % per annum, with mortgage loan discount points not to exceed % of the loan amount. Buyer shall apply for said loan within --- days of the Effective Date of this contract. Buyer shall use Buyer's best efforts to secure the lender's customary loan commitment letter on or before _ and to satisfy all terms and conditions of the loan commitment letter by Closing. After the above letter date, Seller may request in writing from Buyer a copy Page] of 4 This form jointly approved by: STANDARD FORM 12-T 113 North Carolina Bar Association Q © 7/2002 REALTO" North Carolina Association of REALTORS@ Inc Buyer Initials Seller Initials4 This 1— produced by FOm)UIHrOe Forms Software 800-336-1027 the loan commitment letter. If Buyer fails to provide Seller a copy of the loan commitment letter or a written waiver of this loan condition within five days of receipt of Seller's request, Seller may terminate this contract by written notice to Buyer at any time thereafter, provided Seller has not then received a copy of the letter or the waiver. (b) There must be no re ►ctjon, easement, zoning or o,�h er govern�m�►tal egulation that would prevent the reasonable use of the Property for Nay �/.S� �cA7 C70C _ purposes ("Intended Use"). (c) The Property must be in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. (d) All deeds of trust, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (e) Title must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple marketable and insurable title, free of all encumbrances except: ad valorem taxes for the current year (prorated through the date of Closing); utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public right of way. 4. SPECIAL ASSESSMENTS: Seller warrants that there are no pending or confirmed governmental special assessments for sidewalk, paving, water, sewer, or other improvemefts on or adjoining the Property, and no pending or confirmed owners' association special assessments, except as follows: i V DNi= (Insert "None" or the identification of su h assessments, if any.) Seller shall pay all owners' association assessments and all governmental assessments confirmed thro the ti eapAosing, if any, and Buyer shall to ,title subject all pZnding assessments, if any, unless otherwise agreed as follows 0A2� 4C'1 ATI o-V 61/ S 5. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the parties or paid at Closing: (a) Ad valorem taxes on real property shall be prorated on a calendar year basis through the date of Closing; (b) All late listing penalties, if any, shall be paid by Seller; (c) Rents, if any, for the Property shall be prorated through the date of Closing; (d) Owners' association dues and other like chargejAall be prorated thro.Ugh the date of Closing. Seller represents that the regular owners' association dues, if any, are $ per \�/P >4 'e 6. CLOSING EXPENSES: Buyer shall be responsible for all costs with respect to any loanobtained 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 ILveller is to pay any of Buyer's expenses associated with the purchase of the Property, the amount thereof shall be $ ®,A1 , including any FHANA lender and inspection costs that Buyer is not permitted to pay, but excluding any portion disapproved by Buyer's lender. 7. EVIDENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date of this contract, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property. Seller authorizes (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; and (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys. 8. LABOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor and materials, if any, furnished to the Property within 120 days prior to the date of Closing have been paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising there fr0 9. CLOSING: Closing shall be defined as the date and time of recording of the deed. A11Niel agree t execute any and all documents and papers necessary in connection with Closing and transfer of title on or before %%pp , at a place designated by Buyer. The deed is to be made to . CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS TH N EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 10. POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing. No alterations, excavations, tree removal or other such activities may be done before possession is delivered. Page 2 of 4 STANDARD FORM 12-T Buyer Initials Seller Initials ©7/2002 This form produced by FvFortes Software 800-336-1027 WER 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. �p Buyer acknowledges receipt of the Improvement Permit attached hereto as Exhibit A. Seller represents that the system has been installed, which representation survives Closing, but makes no further representations as to its condition. �1 E This contract is contingent upon Buyer obtaining an Improve e t Permit from the County Health Department ("County") for a I` (check only ONE) conventional or �1 other _ . _ _ _All _ ground absorption sewage system fora bedroom home. All costs and expenses of obtaining such Permit shall be borne by Buyer, except Seller shall be responsible for c e ring that portion of the Property required by the County to perform its tests and/or inspections no later than . Buyer shall use Buyer's best efforts to obtain such Permit. If the ground absorption sewage system is not permitted, Buyer may terminate this contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer shall have until , time being of the essence, to provide written notice to Seller that this condition cannot be satisfied, otherwise the condition is deemed satisfied. 12. SOIL, WATER, UTILITIES AND ENVIRONMENTAL CONTINGENCY: This contract is contingent upon Buyer obtaining report(s) that (i) the soil is suitable for Buyer's Intended Use, (ii) utilities and water are available to the Property, (iii) there is no environmental contamination, law, rule or regulation that prohibits, restricts or limits Buyer's Intended Use, and (iv) there is no flood hazard that prohibits, restricts or limits Buyer's Intended Use (collectively the "Reports"). All costs and expenses of obtaining the Repo�termi hall be b e by Buyer. Buyer shall use Buyer's best efforts to obtain such Reports. If the Reports cannot be obtained, Buyer may g,a,1t is contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer shall have until time being of the essence, to provide written notice to Seller that this condition cannot be sat' fied, otherwise the condition is deemed satisfied. 13. RIGHT OF ENTRY, RESTORATION AND INDEMNITY: Buyer and Buyer's agents and contractors shall have the right to enter upon the Property for the purpose of appraising the Property, and performing the tests and inspections permitted in Sections 12 and 13 of this contract. If Buyer terminates this contract as provided herein, Buyer shall, at Buyer's expense, restore the Property to substantially its pre -entry condition within thirty days of contract termination. Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property. This indemnity shall survive this contract and any termination hereof. Notwithstanding the foregoing, Seller shall be responsible for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or I acts or omissions. 14. OT�C ISIONS AND CONDI,TTIONS: (ITE ZE ALL AD ENDA TO THIS C NTRACT AND ATTACH HERETO.j �YPz �us7 710re. ',4#14 ,� ;1~ �6 9N,/c( r9 �/:c> c oz ool,,'IR4 07� / a KO . 15. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. 16. ASSIGNMENTS: This contract may not be assigned without the written consent of all parties, but if assigned by agreement, then this contract shall be binding on the assignee and his heirs and successors. 17. PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties, i.e., Buyer and Seller and their heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 18. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 19. ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTORV 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 ©7/2002 Buyer Initials Seller Initial 6 This form produced by FIMMIllarn rForms Software 800-336-1027 OTICE AND EXECUTION: Any notice or communication to be given to a party herein may be given to the party or to such rtty'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. Buyer acknowledges having made an on -site personal examination of the Property prior to the making of this offer. THE NORTH CAROLINA ASSOCIATION OF REALTORS®, 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: /l LZ ti 0 3 Date: " 03 BuyerS / ` /4 e::-� (SEAL) Seller ! (SEAL) )&L Date: Buyer Date: L) Seller SEAL) Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with the terms hereof. Firm: In (Signature) Selling Agent/Firm/Phone Acting as ❑ Buyer's Agent ❑ Seller's (sub)Agent ❑ Dual Agent Listing Agent/Firm/Phone Acting as ❑ Seller's (sub)Agent ❑ Dual Agent Page 4 of 4 TNs tam Produced by FQrmUIDWe Forms Software 800-3364 D27 STANDARD FORM 12-T ©7/2002 INTRACOASTAL WATERWAY PROPOSED &UNCOVER PIER, GAZEBO LIFT A n'5` i tcS.Sz 4 N 5 T 6 Property Owner Property Owner Gary Hill A_B. Hardee WATERWAY DRIVE GAZEBO 128 8' 8' NORTH Property Owner Property Owner I Gary Hill Gary Hill Sight Plan Hardee Property Lot # 5 Waterway Drive Sea Gate Block C Beaufort Township Notes: 1. Soundings taken from map prepared by Atlantic Coast Professional Surveyors of Harkers Island Proposed 6'x45' max. access to a 45'x8' "L" running with gazebo and two uncovered boat lifts on either side of the proposed plat form ADJACENT RIPARIAN PROPERTY OWNER STATEMENT (FOR A PIER/MOORING PILINGS'IBOATLIFTIBOATHOUSE) hereby Certify that I own property adjacent to ark s 'R. Narde-e. 's or'k (Name of Property Owner) property located at S V (Lot, Block, Road, etc..) on Tn tea Coa s4-a / `)aA 4,Aua in Oa r A-exel- N.C. (Waterbody) I(Town and/or County) 3 01C Lo4- At, 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. K 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 BY INDIVIDUAL PROPOSING DEVELOPMENT) - e , o o 0 00, �e' d ------------------------ ---------------- Signature rint or ype Name Telephone Number Date: ADJACENT RIPARIAN PROPERTY OWNER STATEMENT (FORA I'I£;R/A110ORING I'ILING,S%130�177,IF //130�1T7IOUSI ) I hereby Certify that I own property adjacent to Pry s 3. Nard,e,-e 'S oGk (Name of PropertS,- Owner) property located at Sco 16df3 �l�% La4- Afv be (Lot, Block, Road, etc..) on Tn Cott s-,�a I in 61a r eo �h ,�y 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/boatlift/boathouse must be set back a minimum distance of fifteen feet (15) from my area of riparian access unless waived by me. K— 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) 'e ------------------------------------- ------- Signature ---------------- rint or ype Name Telephone Number Date: BOAT LIFT--' 6" P I LE MEAN HIGH WATER ---------------------- - - - - -}------ - - - - -- - MEAN LOW WATER L.-._.-.-.-.-.-.-.-._.-.---- -.- - - - U W I. 15.0' BOAT LIFT 6" PILE BOAT LIFT CROSS SECTION NTS 2 x 6 DECKING cro inir-rMC 6' - 8' TREATE TIMBER PRIVATE DOCK -TYPICAL SECTION �.:A i 5 2003