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HomeMy WebLinkAbout20030548 Ver 1_COMPLETE FILE_20030505 0 o0;? Adjacent Piparian Property Owner Statement Epn# d ? I hereby certify that I own property adjacent to /c' 5l a Q 1 4-k'fZW `s Name of lan owner proposing development ? i on iuu?c ?l•u.vTd? in/near Lot# Ea of d &24V/Jli I" q*, ?Snr>; Community Subdiv'sion, i applicable Tax Parcel off SR L3 2±1 Complete description of how to locate this property: X07- 7/46u//-7' 4 ? n ih?01, ?i ? i-3?T?S ??/S/lly?s/aiu ?? /?k a7G5 .?il?'r ?_ P?c?•?C?. ?u?iti This proposed project, a Asvzi 1g&E4 , and the location has been described to me as shown in the drawing below and I have no objections to the proposal. For a Pier, check one of the Following: I wish to waive the 15' minimum setback from my riparian access. I do not wish to waive the 15' minimum setback'requirement. Draw the proposed structure in the space provided below. List the size of the structure and measured distances from the adjacent property lines, other structures on the property, and the road, water, etc. i Pamlico County Building Inspections P.O. Box 776 Bayboro, N.C. 28515. (919)-745-3861 P,te/oS6 PI£?2 70 Erlos,cnJ rv br.I rireC= ?ccF4 EXI sTi I.G..6 u:.rtr= .. L 7a t r kVI, r"F?7 X06k 19t'J1W J, L 70 .1&71J eKf- E' ?1Jr rr? EXISTING _.amnu,.. S86'38' 20'E 166, 53' xJ! 66e?c?,J,:. / NeFCFO / ?,??-moo ' 1 A ?fitOx. ?? /Soo Zq 4r ,e.; 4,v .c4 a' MLNMg-MLo LE L INE _ N 0 • qlm ? v?I L O Shy %; 212 00, 6t` ro`W59.BL6G.LINE, r '-• zgF • Q 'Q NB5'31' 03,'W 145.82' twcN I ?' ..tIN? r f, Alter this form is completed by the landowner proposing the project, a copy is given to the adjacent landowners for their consent and signatures. The forms are then returned, along %%ith a building plan and other applicable required information, to the Building Inspections Office for building permit applicadon/processing. ?t i Signature Date -v {? VI ?- V N v - N x f EiAIJF? d 1 ?I," A L L c /Z ? E -S.0 ?- i -. t• ti1?Y a s y Q { y o. 1•eW7 i o 1 ?? -, Sz:r n1 1 t.4? I,II ?ItS? .4.0 _? 1n v .. e„ _. ? ?1 < tiCts m o, ? ? t or1 L?2 , E ? ku 1 t A1.6 m y M: . • r - } ? u o ??u??J ? ?? t C ATE Q,u.t4 orl? ? > A SUOUIVI51ot1 ?? ?? r COUNiY, H.C. =?? DoT tw. - towttsil?P."?"? PAMLICO COUNTY HEALTH DEPARTMENT F..NVIRONMEDITAL HEALTH SECTION P.O. BOX 306 BAYAORO, NORTH CAROLINA 28515 TELEPHONE: 745-5634 AUTHORIZATION TO USE AN EXI-aTING SYSTEM i. 1 RECORD # A00386 PERMIT A00386 APPLICANT NAME: RICHARD GREEN ADDRESS: P.O. BOY. 128 VANDAMERE NC 28587 LOCATION/SITE: BRANDY BAY LOT# 2 TRAWLER LANE MAP L07-21-1 TYPE OF DWELLING: (x) HOUSE: ( ) MOBILE HOME ( ) OTHER NUMBER OF BEDROOMS: 3 OTHER FACTORS WATER SUPPLY: (xx) PUBLIC ( ) PRIVATE SYSTEM ORIGINALLY INSTALLED:- PRIOR TO 1989 O.-TNER AT DATE: - N/A 1 PERIMETER. OF EXISTING SYSTEM: ? To the fullest extent that we are able to determine from site evaluation and/or without previous documentation, the perimeters of the septic system in existence on t.h15 site are as follows: xt*k*****kk**#*####****###kk#*k***#####k Plat plan ***************** DATA: TANK SIZE:EXISTING NO. LINES. --2 X 75' NO. LINEAR FT.: 1S0' NO. SQ. FT.: 450' r.. Lf?Nc' ********#****k*#***###*#k*#**#*k#**##k#k*#kk**#***k*k***k***k* ?i The system located at this site, at this time, shows no signs of failure to function properly and may be "PLACED INTO USE". Should the system show signs, in the future, of malfunction it shall be the responsibility of the property owner to apply for an Improvements Permit for the repair of the system. *Failure to maintain a properly functioning septic system is considered a public health hazard and a Violation of the North Carolina State Laws and Rules Governing Sanitary Sewage Collection, Treatment. & Disposal. Violation of this regulation is punishable as a misdemeanor. Sanitarian:L e ??- Date: 9-15-97 WILLARD W: COf.E r N280-30'290E 17.32' N31'52' 450E 9.21' N43 ° 22' 23' E @. 41 N11 °38' 070E 13.46' BALL CREEK PIER I N07' 42' 14 0 W 40.58' N07°24' 500E 21.37' 12:1s" EXISTING IRON SEAL t yx l?L-2ji;?t NO. ' REVISIONS I DATE IAPP'D ZRAPHIC SCALE 0 10 20 30 40 80 O ? ? S86' 38' 20' E 166.53' ! P? I !D' MIN. BLDG...) ClNE IV85'31' 03'W 145.82' EXISTING I a XISTING IRON D lNG, L INE (A ? k . uq Ito Q' ? O r y a m 2 rri U). r: 0 m a I w v 'Ilk eQ 1 T, m 00' (STING IRON so- Z 6 • ?? O kI.ANF • o`' ?k• •?v' ((,1, HERBERT J.NOBLES, JR., CERTIFY THAT 7HlS PLAT IS ?y?`R? V OF A SURVEY OF AN EXISTING PARCEL OF LAND. Z: v THIS PROPERTY IS LOCATED WITHIN ZONE A7, (BASE R FLOOD ELEVATION 8'& 9'' ) AS SHOWN ON THE HUD/F I A MAP NUMBER 370181 0145 B, DATED SEPTEM9ER 4, 1985. j DEED REFERENCE: DEED BOOK 265 PAGE 56. ALL DISTANCES SHOWN ARE HORIZONTAL GROUND MEASUREMENTS. DRAINAGE AND UTILITIES EASEMENT 10' WIDE ALONG STREET R/W OF WAY AND 10'WIDE ALONG SIDE LINES. SURVEYED FOR SURVEYED BY DATE: NOV/5/96 "''r CSC T. BEN TL E Y, JR. HERBERT J. ( JOSH) NOBLES, JR. SCALE: 1' 40F7. AND WIFE LAND SURVEYING - LAND PLANNING MAR THA S. BEN TL E Y BK. PG. - DEVELOPMENT - LOT 2 - BRANDY BAY ESTATES RESISTERED LAND SURVEYOR, L-270.1 PLOT: BENTLEY PLAT CABINET A SLIDE 4-3 P.O. BOX I1J, ALLIANCE, NC 2aaos DRAWN BY: JN NO.3 TWP. PAML I CO CO. N. C. PHONE: (919) 745-5951 PROD. # 96026 . 0 , 5iJ',; 176 PA!lILIi;[) C0(.1MT,I' f=.LUG T,P. 0CP`i°. 1. 19 ! 'Alv-386'1 CA ''ee0R0,1\I.? 2 +S 15-0776 r Cl `I "I h•'. i1 l: I U i? I R (1 I+I 1. A 1••J 0f.401V L 1'i)tJi+':I!T.f% Ui?'v't'rril NI.AT Ki;?I,JI,1.(.RI U yF..`i laR i.1 b•1 !'It.i I`drli4r= !.r(I.•il;r?Ii; k0 ? :, :1I+Iil'( C) T 1\I t3 L) N R T r3 H , 11 f; q y i l! i l7 TV .T. ':', J. W1 i ,: r: r.? i?l I T if ? i ?:I r? u? 5 C i; i•? ; i) :; ? i? i 1 I An PrARCkL It L(;II -- 1°-2 z 3T7t N T I A L C1)ill frli:RCi:A _. , d+ I\, J u i •) i. L. L F\ (" 0 f T :( i! Iq Ili'/ H f: I-1 i? ;?FRAT , ALTCR,Ary.IiilN NI !1tiL 0f I'af I T. T T1.rI`1 ) H F R l?1"HI':R 06 C hi?Ul'yi_ L'r - J?>6 - a it'Lvt I! ,!T L G :T t I ti tDr-1 t%I r-? I. 1; C A T L C', N i. ii '' t - R ) rl i,) , L) h 'i ¢7 I. r) h' I'yI ` i`I ly f"` i= h; ill a ..i. I i'I h A. n t.: '.. L \? ?? 1' 1 T h' F Cl Y F. ' 0 H I'J 6 , i f.?J':11? 7.tli?i: l_rJC1C! is:L. \% "'I_uijii f'!..'1TI`I i+lP.r'!! RT..r'f iF.0 HIEAVFFj A R E'A l='T IV 1) OF F L 0 0 R S N0 0 F3I)RiylS GARAGE SQ.FT. P0 ! C,H Q , T', C) I-, K SQ F1", STORG SQ FT. CARP _T.?!i'I F, flll/I_.IN,F1'.. it I''a.l`.i% i L}t-...:I%. t.t I 0N G d , X 5 , ! .L Te r? P+I t)6].:Lt_ Hi1ivit: FAX ivlUVT,0it rFRIvlIi I !.:?cT. h•Ii).isr' 80 itiYl C., A>. [JAKE IV!/f4 OF A!.LjI;4t I°I f) !.. G N ri irl E ICI / t S I "j".... U P Irl'r, 'i ...11h N?. ill C. GINEF?AI.. 0 F V U !. 0 F% iI c_ 1'1 T 601 LOI NG tLt_c-rr?.*ccAi rI+ISULA T 100 11t'CHA N I C A L NLUM81NG L I C E I q ? !Nu Pi;:hRM AMP Lr%P "f iiTA L PAfU C0Illfv!ENT R10 R"'P A111) PIER C131N'y I'R!1CTIO N 01'40ER CA11A GP 84.7(^ f I Pi%_hcEBY ACK1\I0 iALhF;6E 'r!iAT `I'Hi° AL,OVi: IRFORhAi'T.t)N T -,; C, 0RiECT A!N0 T H A Y I (A 5R 'r C lY)NL Y L,iT H AI_I. C0I?iaTY, TPTr.:, J1hiC) Fi:".1:)cRA1. LAWS RrGULA`i'II\!6 TH _'.i ACTIVIT, I 0 3 .ii::.<r(sY ;,i71 ;,r:.i, I t.) r, t.:J.)It:'slit25 E T>ir t,Ol.l'd'?'Y ,, r- ri,IfL.Ii:C+ a2 5 .0 U) v i??; I 10N t .i J td j ) . i'•I t. R }.1 C I U R F , 0 R MO ti 1: T61`1O. 11)i(i: AF'PL.II; 1I\! I rI V CAMA ANL DREDGE AND FILL -c GENERAL lei!' 2'3171 PERMIT ???-?L,tw ?. as authorized by the State of North Carolina Ilnpartmont of Environment, Health, and Neturer Reauurcey ttrttl the Gva5tal Resources Gommission in an area of environmental concern pursuant to 15A NCAC cal F+. t It - LLB H. t2`Y-- I r Applicant Name _!'? S??O? -°*? ?rr>J Phone Number-_gA• q,5z- x•-4'4 to Address -9?-_?`«t--DLt?e City -911?_ State- N C- -Zip_o77Cn0(a Project t.ucation (County, State Road, Water Body, etc. c L? C.a. D. ?-•' - ?T 70 T 1t?t G-RCC-V- L-01- 00- 2. ---- 1f1j? Q y - ??o? Ji.'?I PrA ?a ?t? rr? r_ wz cor??t?N rr? Type of Project Activity -1.j?-=t-c- PA- - (PA 1 Fr, ?(M v3 %-T i A %r->--r. x. 24 i- PLA-;:'Fo;zM "Lit J lir.?- -t- t -I0 -r-? . of -iz. iP j t A?U?.1A D oF- E'c IsnNL2 PROJECT DESCRIPTION I SKETCH Pier (dock) length cp(A O' x 241 Groin length number Bulkhead length 10 t T• max. distance offshoreG?_ Basin, channel dimensions cubic yards --- Boat ramp dimensions Other"?n'=' ?rJLz'r:5 O O 1 ?tTV,. rt, t'. D -'? rA? f 4 (2 -AGn- -%Vw-AI,tLO tfJS ; tl?ys FbL !N-1k?-1J4-y- 7e941 IT. r' 21 Y R AP Tit, bv-- 'pct LA., y RA c r, 5 t?3-Irk, P No t(' t A t tpt.,kz ?a?_ M?1?-sN ?ty n a v •E4.lt.tt. t-l?+?D I f'ZOU ( Ilot ?4 nr t /TIE t-lb? C-SC.h RpM ENT tit -ro ek-Eeo 'l4- zx"rp ?-? N LA IA3 121Z TA(F- LOT- perinit is ,ubjcct to compliance with this appGcat.ion, site drawing and attached general end Specific: conditions. Any violation of these terms may subject the perrniUue to a fine, imprisonment or civil action; and may cause the permit to be- come null and void. phis hermit nursL he on the project site and accessihle to the permit officer when the project is inspcctod for cornplianee. The applicAnt certifies by signing this permit th,.It 1) this pro- ject is eonsisteni with the local land use plan and all local ordinances, and 2) a written statement has been ObLained frorn adjacent riparian landowners certifying that they have no ubjectiuns to the proposed work. (SCALE: Z 15Fr. ., I ?t 5 + c?L "IS ?i2-0 Pc P P-A• P Q.Ty 1 pplicant's signature permit o Icer s signature 5 ? Gc S. t _ck\q 4 issuing date expiration date attachments Cl 1 • L ICO/ / U-714• t 7- 00 In issuing this permit the Stale of North C.irulina wrtifics that r ?I r?lo f „ this project is consistent with the North Carolina Coastal application fee ? , e? NUIlagcn tint Program. Jame 7, 1999 Broad Creek Construction d 1 1 Creekview Court Merritt, NC 28556' Mr. Law, After reviewing your proposals, we have decided on what was labeled as option #2. Detailed drawing of option #2 is attached. t Dock as per attached drawing labeled option 2, dated 6/7/99: $ 7,202.00 Rock bulkhead, erosion preventive cloth & backfield - 75' a. $30 per ft: $ 2,250.00 Remove old dock and discard: Included in price above Remove and/or repair old bulkhead as required by CAMA: Included in price above Contractor to obtain all required permits from Cty. Bldg. Dept and CAMA at owners expense Terms: One-half (1/2) down payment upon signing of contract. Remaining balance d u o completion of job. Broad Creek Construction shall cwob within 30 days of cashing down payment check. Job shall be completed in full with;k0 days of signing this contract. Ronald Lawrence Date Cindy Lawren Date 4 p =y A Fran Law Date Mz I f. PAI' LICO COUNTY I ^LOG. INSP. DEPT, i'.O. Etij:x; 776 919 ! 745- 3861 ;i BA'YSORO,N.Y. 2i§'15-0776 CAMAP 23171C PERMIT #99 608 CENSUS# SH CONTRACTOR FRAM LAl,j TAX PARCEL # L07-21-2 SEi„ ERt/!VPE RIST.OENTItiL COMMERCIAL l i,)F;i:)'f..V :IS,Tr;;+I NEW Oi,;_1..L A00ITIntI`a ItiM TOWNSHIP IP` o ON'.f.Ni t::EHA.O ;REPAIR ALTr_-RATio!+! `Ut?`v'EYED PLAY REQUIRED YES OR MOVE DEMOLITION OTHER ION&T. VALLicl OTHER OESC OWNERS NAME t_ A . i ! : . ' I i,; is R O N & :, sl ;+I it 'r PHO NE L D-95ri - - 'a I '1 v".; DATE l ; i _ . 4992 i=J:EI.iING Of? R;A'UEIGH, &, 27506 -0000 LOCAT LON I.OV 16RAN!.i`( BAV SU; t7IVISION Fi,GRENCE m''/ i s L oN m~r i ` ! r PERMIT II'd F 0 < I''I A ` I ! . i 1 i,,f : ` t.. '.. L J t . ! 1. H r; t', R h t; '.j ' . ! 7. r; Y _ U Y E S OR NO F 1 000 GONE r LUOD I::L.E:\% FLOOD PLI CPI MAPO HEATED AREA 5Q.FT NO OF FLOORS NO OF 8L7RMS. GARAGE SQ&T. PORCH '=,Q , T. DECK SQ F T . ` TORG Q FT. CARP SQ.F i . _,IGNSI vULK.Hi=AUILI 1.rT.. 10 PL.':R sq.r'?. 56Q) MOBILE Hurt -1AX MOV106 PERMIT 10_. NQ.0r" ,:tORMS 0 Y':'A. MAKE. M/H 0EALisi 0 M/ it O1.;1LER NAME M/H SET-UP* GENERAL. DEVELOPMENT BUILDING ELECTRICAL PERM AMP LPP r=EE LICENSE NO 84.7(., INSULATION MECHANICAL P L U Mi:1 .L 14 l:a COh'ih'!ENT RIP RAP AN O PIER CONS T RUCT'IOM UNDER CAMA GP I HEREBY ACKNOWLEDGE THAT THE ABOVE :i:15NrI.1RhAT.I ON 15 CORRECT AND THAT I (AG REr .I COMPLY Ira:i rH ALL COUWTY, STATE. AND FEDERAL LAWS REGULATING THIS ACTIVITY. 1 00 I-il:"'ff;BY AGREE TO REIMBURSE THE COUNTY OF PAML.7.CO $25.00 PER IN iPEG T TQN OR ANY RE-INSPECTION ON A ?1l. EL.!_ ! !'• G.. STRUCTURE. ON MOB! >Q-!!Q.,. .'i I G is !'JU R E rA a P 1...L C ?1 I+{ ! ???- 1. .../_ . _/ ._..C.a ?./:? _.._..._..... 1 .' Y ro- CAMA ANL DREDGE AND FILL GENERAL "." 231 T -c- PERM I T as authorized by the State of North Carolina Ilapartnnont of Environmont, Honlth, and Natural Re3vurt.t35 ariU the Guastal Resources uommisslon in an area of environmental concern pursuant to 15A NCAC CDET H. 1 tQl> /C» H. e2 ? Applicant Name _Y°t? _5? 0_!_ -_"??1? .?.1?x= Phone Number 96L_ -C414 10 Address _qqc?c-- F-1Et?}??tJt? City .1 x rt f ----_-- _ _ _--- State: --CS C----- Zip_,7`7C,,OG Project Lut.atiOll (C'ount.y, State Road, Water body, etc.) ?« Cc?. ?Drflec.nl r "+3?W GR?cu A'; L_eF r10. t t?Ivc.? Corn-lt?A1 tTy. 'f ype of Project Activity SfL:-?5_?` 1 FT. tit E- Z4 FT ?lA (-Fo;2N1 t_ n 1 D- Tl E_ ._ tZ? ???_ _ I r•1 STu'rL? t c .>F _PO L_'V- P ? k?S? A?.1Uc .>A ©F Cy, Kan N C; - ;> (A PROJECT UESCRIPTON I SKETCH Pier (dock) length 10'x241 "-'% - Groin length__!'_ number Bulkhead length _2_ 1-T". max. distance oftshorefo:_- Basin, channel dimensions cubic yards Boat ramp dlmensions.- Other',;? O O O ? A _-1 tT ? -. Tv=i5 ? C7 -14,, - FA ANN 4 24' d (2Z-Ace- 71Plv ucc::? if spEcMt*.3s F?L ?yt.11?.IJ1? ?b?? IT , r'? 21Y ?A•P 'sd ?e t?tti?%J4c? ors 5 'ct3-I? , r? 19 tf- CZA? A t l ov?Q-0 5' c MAe2SN fe"j(I av Etluc rtD rsC^?PJ.AENT C j pJor -1o ec r?eb vl+ a7tsTP. r-tz rU 121=: -F- (,.;LET rte. 2- Phis pormit is subject to compliance with this <ippllcat.ion, site drawing and attached general end Specifi(: coladitii)ns. Any violation of thtac terms may subject the pcrmittce to a fine, imprisonment or civil action; and m.ry cau,t: OW permit to be- l.tllne null end void. This permit must he t,n the project sitr. and accessible to the permit officet when the project is inspected fair cornplianLe. The applicant cettifics by signing this permit th,.rt II this pro- jeC is cunsistenl with the local land use plan ind all local ulclinances, and 2) ;l written statement has been obtained from adjacent riparian I;mdowncrS ccrlifying that Lhey have no objcctiuns to the prupo,cd work :7p T. i?UG2?C1/? ? ? T%2-o Pc t P ?-A- P 2'ry pplicant's signature -^ --? permit o leer s signature issuing date expiration date .attachments L tc-p /0-7 1207 In issuing this permit the :iLatt, of North Carolina Lcrtifics thdt this prniect is cunsisietlt with the North Carolina Coastal application tee _ MalldgeniCnt Prog[atn. June 7, 1999 Broad Creek Construction I 1 Creekview Court Merritt, NC 28556 " Mr. Law, After reviewing your proposals, we have decided on what was labeled as option #2. Detailed drawing of option #2 is attached. Dock as per attached drawing labeled option 2, dated 6/7/99: $ 7,202.00 Rock bulkhead, erosion preventive cloth & backfield - 75' a. $30 per ft: $ 2,250.00 Remove old dock and discard: Included in price above Remove and/or repair old bulkhead as required by CAMA: Included in price above Contractor to obtain all required permits from Cty. Bldg. Dept and CAMA at owners expense Terms: One-half (1/2) down payment upon signing of contract. Remaining balanced u o completion of job. Broad Creek Construction shall c job within 30 days of cashing down payment check. Job shall be completed in full withk0 days of signing this contract. " 4 ,/ l` Ronald Lawrence Date 1-7 Cindy Lawren Date Fran Law Date ?n z certain lot or parcel of land situated in the City of .Me.r.ritt, ..NC ............... ........... N,umber.,,ThreQ-( 3Township, Pamlico County, North Carolina and more particularly described as follows: Being all of Lot Number Two (2), Brandy Bay Estates, Section One,' as the same is shown on that certain map recorded in Plat Cabinet A at Slide 47-8 of the Pamlico County Registry, ALSO CONVEYED herein is a right of ingress, egress and regress over and upon that certain 6,0 d? foot wide strip of land designated as Tract B on the map recorded, in Plat Cabinet A at Slide 4-3 of the Pamlico County Registry ann over and upon Winchester Way, Bayview Drive and Trawler Lane as shown on the map of Brandy Bay Estates, Section one, recorded in Plat Cabinet A at Slide 47-8 of the Pamlico County Registry. Old Republic National Title Insurance Company OWNER'S POLICY g, Schedule B (Continued) 5. Easement(s) to Carolina Telephone and Telegrah Company, recorded in Book 233, Page 256, Pamlico County Registry. 6. Rights of others in and to subdivision street and access road. 7. The following matters that are shown on survey dated September 18, 1997, by Brad L. Suitt, Registered Land Surveyor: Building setback lines, which have not been violated, drainage and utility easements, rights of others in and to bulkhead and the continued uninterrupted flow of Ball Creek. ALTA Owner's Po/icy 10-17-92 office: The Title Company of North Carolina 434 Fayetteville Street Mall, Suite 2340, Raleigh, NC 27602-2718 919-832-0252/800-277-0081 File ID: 98R 1 02 7 Policy ID: SV2953123 [530441 Printed: 02-10-1998 Page 2 Old Republic National Title Insurance Company OWNER'S POLICY Schedule A Policy ID: SV2953123 Coverage: $35,000.00 Policy Date: December 29, 1997 at 02:47PM in Pamlico County 1. The Insured in whom title to the fee simple estate or interest in the land is vested at Policy Date is: RONALD A. LAWRENCE AND WIFE, CYNTHIA E. LAWRENCE 2. The land referred to in this policy is described in the following instrument (s) : Being the same land as described in that certain Deed from RICHARD J. GREEN AND WIFE, KATHRYN M. GREEN to RONALD A. LAWRENCE AND WIFE, CYNTHIA E. LAWRENCE, dated December 29, 1997, and recorded on December 29, 1997, at 62:47PM in Book 329, Page 120, Pamlico County Registry. 3. The land referred to in this policy is described in the insured instrument(s). For description of the insured land, see Exhibit "A" attached hereto and made a part of Schedule A. Schedule B This policy does not insure against loss or damage by reason of the following: 1. Taxes for the year 1998, and subsequent years not yet due and payable. 2. Restrictive Covenants recorded in Book 264, Page 599, Pamlico County Registry; but the Company insures that said covenants ha?v,e not been violated and that a future violation thereof will Xt cause a forfeiture or reversion of title. 3. Subdivision Street Disclosure Statement recorded in Book 264, Page 597, Pamlico County Registry. 4. Easement(s) to Tideland Electric Membership Corporation, recorded in Book 211, Page 294, Pamlico County Registry. AL TA Owner's Po/icy 10-17-92 office: The Title Company of North Carolina 434 Fayetteville Street Mall, Suite 2340, Raleigh, NC 27602-2718 919-832-0252/800-277-0081 File ID: 98R 1 02 7 Policy ID: SV2953123 [530441 Printed: 02-10-1998 - Page 1 Owner's Policy American Land Title Association Owner's Policy 10-17-92 * * Policy Number SV 2 9 5 312 3 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINEQ IN kl-I LE k ,F * B AND THE CONDITIONS AND STIPULl TIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; ' 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, the said Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be valid when countersigned by an authorized officer or agent of the Company. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: , 1. (a) Any law, ordinance or governmental regulation (including, but not limited to, building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recordedinbe public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer resu?''ts from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Issued through the Office of.- OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612)311.1111 STANDARD EXCEPTIONS The attorney should initial any exceptions that are to be eliminated on the line to the left of the exception. 1. Interest or claims not disclosed by public records, including but not limited to: (a) Unrecorded Mechanics' or Materialmen's liens. (Liens may be filed by persons or entities furnishing labor or materials to any improvements of real property within 120 days from the last day of performance and will upon perfection relate in priority to the first day of per as a valid lien on real property.) r (b) Unrecorded leases. (Under North Carolina law, parties in possession of the premises under a verbal or unrecorded lease of three years or less duration may remain in possession under terms of the tenancy.) A (c) Matters that may defeat or impair title which do not appear on the record. (Evidence revealing missing heirs, forgeries, etc. may not be on the public records, but such facts if properly established may impair or defeat what appears to be a good title on the record.) (d) Taxes, special assessments and other governmental charges that are not shown as existing (lens by the public records. (Governmental charges may be made for acreage fees, tap-on fees, cost of weed cutting, demolition of condemned buildings and other matters that are not shown as existing liens on the property by the public records.) (e) Unlisted personal property taxes. (If discovered, such taxes and any penalties may be assessed as a lien on the subject prbperty.) 2. Matters occurring prior to and subsequent to the inclusive dates of examination. 3. Matters which would be revealed by a review of the public records regarding the proposed purchaser/borrower, who is not a current owner of the property. 4. Any inaccuracies and discrepancies which an accurate survey of the property may disclose. (A survey, If procured from a competent surveyor or civil engineer, will normally determine whether improvements lie within the boundaries of the property, whether existing utility lines, roads or other easements cross the premises, and whether there are any encroachments.) 5. Security interests that may have attached to fixtures on the subject property as provided in Article 9 of the Uniform Commercial Code of North Carolina. 6. Compliance with any local, county, state or federal government law or regulation relative to environment, zoning, subdivision, occupancy, use, construction or development of the subject property. 7. Federal judgments, liens, and proceedings filed only in the Federal Court. (Upon the filing of a petition in Bankruptcy, title to real prop"" vests in the Trustee in Bankruptcy and notice thereof is not always required to be filed in the County in which the Bankrupt owns property; federal condemnation proceedings may vest property in the federal government and notice thereof is not required to be recorded among the County records.) 8. Civil actions where no notice of lis pendens against subject property appears of record. Note: The matters included in Standard Exceptions Number One (1) above set forth are items that cannot be checked. Standard Exceptions numbered 2, 3, 4, 5, 6, 7 and 8 are not included in a normal search of the County records during examination of title. Upon special request, additional investigation may be made, and Standard Exceptions numbered 2, 3, 4, 5, 6, 7 and 8 can be eliminated. Any such elimination is evidenced by the initialing of such exception in the left margin by the attorney. (Continued from front) 6) Rights of others in the subdivision street and access road. N.C. Bar Assoc. Form No. 1 - I' This Standard Form has been approved jointly and is copyright ©1989 by: I ong Printing co.. PO. Box 58693 . R;deigh, NC 2765140691 NORTH CAROLINA BAR ASSOCIATION Primed by agreement with the N.C. liar Assoc. - 1901. NORTH CAROLINA LAND TITLE ASSOCIATION PRELIMINARY OPINION ON TITLE FOR Ronald A. Lawrence and wife, Cynthia E. Lawrence The undersigned has examined the record title on the Pamlico County records (and municipal tax and assessment records if within a municipality) for the period shown below relative to title to the real property described below, and gives the following opinion of status: Owner(s): Richard J. Green and wife, Kathryn M. Green d r Interest or estate: marketable fee simple title Property Description: (or attach copy of legal description) a Lot 2, Brandy Bay Estates as recorded in Plat Cabinet A, Slide 47-8,' Pamlico County Registry. Subject to the uninitialed STANDARD EXCEPTIONS on reverse side hereof. Also subject to the following SPECIAL INFORMATION AND EXCEPTIONS: Taxes: 1. Ad valorem taxes are paid through and including those for the year: ..... 1997 2. Taxes now due and payable: ...................................... None 3. Taxes, a lien, deferred or otherwise, but not yet due and payable: ....... None 4. Special levies or assessments now due or payable in future installments:... Norte 5. Estate or inheritance taxes: ............................ Norte Restrictive Covenants? Yes [X ] ; No [ ] (Attach Copy). 1. Book 264 , Page 599 2. Does survey and/or public record indicate a violation? Yes[ No [X] ; Unknown [ ] . 3. Contain reversionary or forfeiture §ItTget Yes [ ] ; No (Xj . CAMA 4. Building Setback Line(s) of 3 0 feet from front; 10 feet from side; feet from side street; feet fr4rlt rear. 5, Easements/Other Matters: 10' each side road R/W and each s i de 1 at 1 i n,-Survey and Inspection Report Attached? Yes [ ] ; No[ ] . Prior Survey Recorded Plat? Yes (X] ; No I ] . 1. Book Page Plat Cabinet A, Slide 47-8 75 CAMA 2. Building Setback Line(s) of 3 0 -fee trom front; 10 feet from side; feet from side street; 15 feet from rear. 3. Violated? Yes [ ] ; No[ Unknown [X ] 4. Easements/Other Matters: Access to Public Right of Way? Yes [X?j; ; No ( J . Direct ( ] ; or over a private easement [X ] ? (if private easement, attach copy). ] . If over a private easement, has a search been made of adjoining property on which easement crosses? Yes X No[ Property Occupied By: Owner [ ] ; Tenant [ ] ; Unimproved [X] ; Unknown [ J . Updating From Previous Title Insurance Policy? Yes [ ] ; No [ XI (Attach Copy). If "Yes", has a search of the public records been accomplished for such period of time within which judgements, liens or other matters could affect the property, regarding the owner(s) of the property on and after the date of said policy? Yes [ J ; No [ ] . Other Easements, Liens, Deeds of Trust, Objections or Defects: 1) Standard Exceptions attached as "Schedule A". 2) Subdivision Street Disclosure Statement recorded in Book 264, Page 597. 3) Easement from Wade Moore and wife to Tideland Electric Membership Corporation recorded in Book 211, Page 294. 4) Easement from Wade Moore and wife to Carolina Telephone & Telephone Company, recorded in Book 223, Page 256. 5) Deed of trust from Richard J. Green and wife, Kathryn Gree, to Alexander S. Badger, Jr., Trustee, dated November 20, 1997, recorded in Book 328, Page 255, secuiei1i7o$239</04"an00 due First Citizens Bank. This opinion of title is for the parties to whom it is furnished, is not transferable, and may not be used by any other person or entity without the prior written consent of the undersigned. SEE #6 ON BACK The Search Period was from a period of sixty years prior to December 1 1997 at3.50 P M. Telephone: (919) 745-5115 Address: PO BOX 218 Bayboro, NC 28515 H 07iYH LLOWELL TITLE INS NCE APPLI TI N 1. Owner's Insurance: $ 3 5, 0 0 0. 0 0 (pure ase_plicelvaluu a) Insured: RONALD LAWRENCE n wife, CY . _ _ Z W T, b) Use of Property: Commercial [ ] ; Residential [ Xd ; Unknown [ ] ; or Other[ ] 2. Mortgagee Insurance: $ (loan amount). a) Insured: b) Loan is: Permanent [ ] ; Temporary Construction ( ] ; FHA [ ] ; VA ( ] ; Conventional [ ] Other [ ] c. The following Standard ALTA Endorsements are requested: Send original Binder to: N.C. Bar Assoc. Form No. 1 - P This Standard Form has been approved jointly and is copyright ©1989 by: long Priming Co.. PO. Box 58693 . Raleigh, NC 27658-8693 NORTH CAROLINA BAR ASSOCIATION Printed by agreement with the N.C. Bar Assoc. -1981. NORTH CAROLINA LAND TITLE ASSOCIATION C_ 071an4 Day Eltat-E, OPEN MTRY DAY' 1-800-327-4189 Enjoy one of these beoutiful deep water lots on Bol; Creek or an interior lo1+ with c deeded boot slip. Most of these lots are bulkheoded, hove pierl,'o-,d septic teaks in-ground. ` Come home to Broady Boy Estctes. From Orieniol, go west on Hwy, 55, turn right on SR 1324 in Merritt and follow the Broady Boy s;gns. :t REALTY, INC. Sales - Rentals - Apprais;ng - Property Man2gemenl Lou]: (919) 249-1787 W G, A VICINITY 5Kr--T'CH P 12. PROPERTY DISCLOSURE AND INSPECTIONS: (a) Property Disclosure: O Buyer has received n signed copy of the Residential Property Disclosure Statement prior to the signing of this Offer to Purchase and Contract. O Buyer has NOT received a signed copy of the 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 upon receipt of the Residential Property Disclosure Statement provided such termination or withdrawal notice is hand delivered or mailed to Seller or Seller's Agent within three days following receipt of same. kl Exempt from Residential Property Disclosure Statement because (SEE GUIDELINES) m dl4elling cn pricperty O The Property is residential and was built prior to 1978 (Attach Lend-Based Paint or Lead-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 Buyer's expense, inspections to determine the condition of the Property. Unless otherwise slated hereiri k 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 be in need of immediate repair; (ii) there shall be no unusual drainage conditions or evidence of excessive moisture adversely affecting the structure(s); and (iii) there shall be no friable asbestos or existing environmental contamination. Inspections must be completed on or before rVa . Buyer is advised to have any inspections made prior to incurringexnenses for closing and in sufficient time to permit any rcauired repairs to be completed by closing. (c) Wood-Destroying Insects: Unless otherwise stated herein, Buyer shall 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 regulations of the North Carolina Structural Pest Control Committee, stating that 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 inspection report described in this naragraph may not always reveal either ctntctural damage or damage caused by agents or organisms other than wood-destroyine insects. Knew 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 (he option of (i) completing them, (ii) providing for their completion, or (iii) refusing to complete them. If Seller elects not to complete or provide for the completion of the repairs, then Buyer shall have the option of (iv) accepting the Property in its present condition, or (v) 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 (ii), b (iii) and (c) above are excluded from repair negotiations under this contract. (e) Acceptance: CLOSING SHALL CONSTITUTE ACCEPTANCE OF EACH OF THE SYSTEMS, ITEMS AND CONDITIONS LISTED ABOVE IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 13. REASONABLE ACCESS: Seller will provide reasonable access to Buyer or Buyer's representatives for the purposes of appraisal, inspection, and/or evaluation. Buyer may conduct a wnik-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 necessary in connection with closing and transfer of title on or before , at a place designated by Buyer. The deed is to be made to Raald A• Eawre-139i, and wi.fe? CYnffil? 15. POSSESSION: Unless otherwise provided herein, possession shall be delivered at closing. In the event possession is NOT to be delivered at closing: O a buyer possession before closing agreement is attached. Oft, O a seller possession after closing agreement is attached. 16. OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO. SEE LIST OF STANDARD FORM ADDENDA AVAILABLE.) n/a 17. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to closing shall be upon Seller. If the improvements on the Property arc 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, 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. f 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 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. 21. ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and (here 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 REALTO' or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between therm. 22. EXECUTION: This offer shall become a binding contract when signed by both Buyer and Seller. 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 REALTOR" 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 NOTPROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SI I Buyer acknowledges having made on-site /personal examination of the Property prior to the maki of tf? of Buyer Ronald A. Lawrence `rte "` ?" (SEAL) Seller RiCh3 d J• i :AL) SS/Tax IDN - Y4 V SS/Tax IDII Buyer f-hjA Yr ?l? Seller +-ti_(SEA1.) SS/Tax IDS SS/Tax ID# 4107 Date: Date: I hereby acknowledge receipt of the earnest money herein set f hand agree ?burse the same in accordance with the terms hereof. Date/-z ?7- f'inn: ??ft Rs31 r By:_ Richm d J. keen O Buyer's Agent 10 Seller's (sub)agent Selling AgenUFirm/Phone RLChard J Q:em / S;ailytoft R@gty Inc. 919-249-1787 Acting as O Dual Agent C t1 / Sail/tAft Real i Inc. / 919-249-1787 0 Seller's (sub)agent Listing AgenUFirm/Phone Ridri>:tl J. ty t Acting as O Dual Agent OFFER TO PURCHASE AND CONTRACT Ind A. Lawrencerr and wifer Cynthia E. L oe , as Buyer, hereby offers to purchase and Rirfnrrl .T_ Gn2EO, and uri fP, Kathryn M_ (?aM , as Seller, upon acceptance of said offer, agrees to sell and convdy, all of that blot, 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: 1. REAL PROPERTY: Located in the City of rVa , County of Pamlico , State of North Carolina, being known as and more particularly described as: Street Address rat #2 q)7,,wlw rana, MerH tti Zip_ ?RS56 Legal Description: ' 0 All O A portion of the property in Dee Reference: Book 265_, Page No. 56 Pa ditto County. ) NOTE: Prior to signing the 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 and shades including window 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 items attached or affixed to the Property, EXCEPT the following items: 3. PERSONAL PROPERTY: The following personal property is included in the purchase price; a 4. PURCHASE PRICE: The purchase price is $ 35if000.00 and shall be paid as follows: (a) $ 1000.00 , EARNEST MONEY D • POSIT by O cash M personal check O bank check O certified check O other rVa to be deposited and held in escrow by Sa71/GOft Realty,, Inc. as escrow agent, until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated. In the event: (1) this offer is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be returned to Buyer. In the event of breach of this contract by Seller, upon Buyer's request, all earnest monies shall be returned to Buyer, but such return shall not affect any olh.^.r 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 dispo "ton has been obtained or until disbursement is ordered by a court of competent jurisdiction. t (b) $ n/a , ADDITIONAL EARNEST MONEY DEPOSIT to be paid to escrow agent no later than _a (c) $ R/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) $ rVa , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (c) $ BALANCE of the purchase price in cash at closing. 5. CONDITIONS: (State N/A in each blank that is not a condition to this contract.) (a) The Buyer must be able to obtain a loan commitment on or before _L7/a , effective through the date of closing, for a O FHA O VA (attach FI IA/VA Financing Addendum) 0 Conventional O Other _./a loan at a 0 Fixed Rate 0 Adjustable Rate 0 Other: n/a in the principal amount of n/a for a term of a year(s), at an interest rate not to exceed a % per annum, with mortgage loan discount points not to exceed a % of the loan amount. Buyer agrees to use his best efforts to secure such commitment. Buyer shall be responsible for all costs with respect to any loan obtained by Buyer, except if Seller is to pay any of the Buyer's loan closing costs including discount points, those costs are as follows: r?a In the event Buyer fails to provide Steller with written evidence of the loan commitment within five days after receipt of a written request from Seller (but such request may not be made before the loan commitment date listed above), then Seller may terminate this contract unless Buyer waives the loan commitment condition. (b) There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the real pro erty for siMle fatttily rwirwntial p?rposcs. (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 title, free of all encumbrances except: ad valorem taxes for the current year (prorated through the date of closing); utility casements 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. 6. SPECIAL ASSESSMENTS: Seller warrants that there are no governmental special assessments, either pending or confirmed, for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no owners' association special assessments, except as follows: s'ta'le (Insert "None" or the identification of such assessments, if any.) Seller shall pay all confirmed owners' association assessments and all confirmed governmental assessments, if any, and Buyer shall take title subject to all pending assessments, if any, unless otherwise agreed as follows: -lid 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 cohveycd to the Buyer, in which case, the personal property taxes shall be prorated on a calendar year basis through tlae 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 through the date of closing. (c) 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, arc $ ncm per rX= 8. CLOSING EXPENSES: Seller shall pay for preparation of a decd and all other documents necessary to perform Seller's 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 (lie 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 deliver to Buyer as soon as reasonably possible after the acceptance of this offer, 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. 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, 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. This Standard u. o 2 RE• approved jointlybythes been NNORTH CAROLINA BAR ASSOCIATION, INC. Standard ORTH CAROLINA ASSOCIATION OF REALTORSe, INC. Copyright o o 6/96 .I*t This home, as shown in the photograph, may differ from the actual blueprints. For more detailed information, please check the door plans carefully. down r screened sundeck verandah is'-0^ Y 11'-0" r I? 30,-8" c 8.-0„ Photo by Oscar Thompson This home, as shgqwn in the photograph, may differ from the actual blueprints. For more detailedAnformauon, please check the floor plans carefully. down screened sundeck verandah 15'-0" x 111-0" 30-8" x W-0'1 \ Ik dining 10'-0" x 11'-0" vault d& great room I5'-0" x 26,_7" vaul "`g. master RI ffreplace suite up l 17.3" z W-0" foyer t- V dg. ' r j . entry porch down a ved qk ? I (DThe Sater Design Collection br. 2 x 13',6" 8.4 attic " , loft/br.3 13'-0" x 13'-6" . 8'd& n abundance of porches and a deck encourage year-round indoor-out- 0 door relationships in this classic two-story home. The spacious living room, with its cozy fireplace, and the adjacent dining room both offer access to the screened porch/deck area. An efficient kitchen and nearby laun- dry room make chores easy. The private master suite offers access to the screened porch and leads into a relaxing master bath complete with a walk-in closet. Bedroom 2 shares the second floor with a full bath and a loft, which may be used as a third bedroom. 67 e +0 f /,or i i.7T p S 86'38'19" E 168.33' v, . ID' DRAINAGE k UTILITY EASEMENT c O ._ .. - .. _ .. - .. _ .. - - .. _ . - .. lW NWIMUM'BUILDINC LINE C Z ,?'`?' WOOJD BULKHEAD s? c r Z ? ? ?e`'? pZtG j ply- LOT 2 ??f 18,469 sq-ft 4? 0.42 +/- acres Z ?G O . a V PWf TREE TR?t N /r. 4 2 L A / `\ J r Pw 7 !y P.+ END BULK HEAD 20- rrrE AQfE / /oP 20' pw VAX Ir OAK IME ? o z / U _ .. - - - - - .. L?..10 M?tuM BUILDING LINE ?. , ci? co 10' DRAINAGE & UTILITY EASEMENT 7. N 85'31'03 1 z Il cn I°o rn J lZ 1 /,or / 1.tT p S 86'38'19° E 168.33' 167.10 10' DRAINAGE ec UTILITY EASEMENT o O 10' NWUAUM BUILDING LINE O z ,?'S WOOD BULKHEAD o G? rn s„ c c?1P PSG TANK ;; ?P?,? LOT 18,469 sq. ft ; 4• 0.42 + /- 'acres r +' 4E z /? y O 2Z' PpIE TREE"' C! Ln / Al sl? \ PINE TRH - ?y P? END BULK HEAD 20 Pw I'm I TREE OAK TREE / /oP z I o ? U1 .. - . - .. _ .. _ - - - - .. - .. ?. io' ?wwluuw eul+ DU+c LmE ?. 00 10' DRAINAGE & UTIUTY EASEMENT . rn N 85'31 -03-"--W - 145.82 May WQC Agenda Item # 2 5t08/01R03/019411118 8. Any on-site wastewater treatment must not be located within 50 feet of a surface water as specified in "ZONES OF THE RIPARIAN BUFFER" [15A NCAC 213 .0233(4) and 15A NCAC 2B .0259(4)] of the buffer rules. The only exceptions include any pretreatment systems meeting the Treatment Standard 1 as found in 15A NCAC 18A. 1969 Innovative System Approval regulated by the NC Division of Environmental Health, On-site Wastewater Section. 9. On-site stormwater management controls must be shown on the application and stormwater runoff must be directed away from the adjacent surface water and/or coast wetland as determined sufficient by DWQ staff, measures such as rain gardens, bio-retention areas, vegetative filter strips and planting of trees or shrubs along bulkheads and/or property lines to maximize pollutant removal may be required as determined by DWQ staff. If the applicant is required to obtain a Sedimentation and Erosion Control Permit or a CAMA Major Permit, then a Stormwater Permit may be required from the DWQ. 10. Mitigation will be required at a 1:1 ratio for impacts to Zone 1. This mitigation can be accomplished by either (1) payment into the Riparian Buffer Restoration Fund (administered by the DWQ Wetlands Restoration Program), (2) planting or protection of a riparian area not subject to the buffer rules, or (3) additional planting of a partially buffered location on-site or in close proximity to the impacted area. Mitigation plans must be approved in writing by the DWQ prior to construction. 11. The applicant must receive written approval from the DWQ based on the submittal of the "General" Major Variance Application Form acknowledging that these conditions have been met before any impacts occur to the riparian buffer. 12. The applicant must contact the appropriate District office of the N.C. Division of Coastal Management or Local Permitting Officer for any current requirements for CAMA Major, Minor or General Permits. Signed: Dr. Charles H. Peterson, Chair Water Quality Committee NC Environmental Management Commission Effective Date: May WQC Agenda Item # 2 5/08/015/03/0104111 Please note that this draft version contains edits to the version sent in the May 3rd mailing. The changes are indicated by stri-l ough and underline. " General" MAJOR VARIANCE From the Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residential structures on existing lots within the coastal counties as defined by the Coastal Area Management Act that meet the conditions stated below. This "general" major variance from the Riparian Buffer Protection Rules in the Neuse (15A NCAC 2B .0233) and Tar-Pamlico (15A NCAC 2B .0259) River Basins is hereby issued by the NC Environmental Management Commission (EMC) for impacts to the protected buffers as long as the conditions prescribed below are met. The applicant must submit to Division of Water Quality (DWQ) three copies of the DWQ "General" Major Variance Application Form that describes how the following conditions of this variance will be met. If these conditions can not be met, an individual Major or Minor Variance from the Buffer Rules may be sought from the EMC. This "General" Major Variance shall expire on April 11, 2006 unless it is renewed before that time by the EMC. Conditions: 1. The residential lot must be located within one of the coastal counties as defined by the Coastal Area Management Act (CAMA). 2. Applicants must show that they have met the requirements for a variance as specified in the buffer rules in "VARIANCES" [ 15A NCAC 2B .6233(9)(a)(i)-(iii) and 15A NCAC 2B .0259(9)(a)(i)-(iii)] for the specific river basin where the impacts will occur. 3•: Applicants must show that the residential lot has been platted and recorded prior to August 1. 2000. , 4. 2900) for- the speeifie Fiver- basin where the impaets wia eeew. Construction is for residential buildings and relaxed structures such as garages, decks, porches, attached commercial buildings, driveways and sheds. 5. Substantial expenditures and contractual obligations must have occurred in good faith prior to the August 1, 2000 ef the Buffer- R?Aes for- the Substantial expenditures and obligations must have been made in reasonable reliance upon governmental permits and/or approvals (such as 401 Water Quality Certifications, CAMA permits, active connection to an existing sanitary sewer system or local septic system approvals). Supportive written documentation must be submitted to the DWQ for review. 6. The lot must be buildable, without wetland impacts except for driveways and/or utility crossings and any impact to the buffer shall be minimised to the maximum extent practical. 7. Where impacts to the buffer will occur, the impact should be minimized to the greatest extent practicable as determined by DWQ staff. City, State, Zip: Telephone: Fax: Email: Part 5: Applicant's Certification I? y rx rq, print or type name of person listed in Part I, Item 2), certify that the inf rmation Included on this permit application form is correct, that the project will be constructed in conformance with the approved plans and that the deed restrictions in accordance with Part 5 of this form will be recorded with all required permit conditions. Al? P Signature: Date: Title: NC Division of Water Quality (DWQ) 401 Wetlands Certification Unit 2321 Crabtree Blvd. (LOCATION) 1650 Mail Service Center (MAILING ADDRESS) Raleigh, NC 27699-1650 (919) 733-9726 (phone) http://h2o.enr.state.nc.us/ncwetiands/ RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 General Number: (919) 876-8441 http://www.saw.usace.army.mil/wetiands/regtour.htm WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers Post Office Box 1000 Washington, North Carolina 27889-1000 General Number: (252) 975-1616 http://www.saw.usace.army.mil/wetiands/regtour.htm Washington District Office Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 phone: 252/946-6481 Morehead City District Office Division of Coastal Management 151-B Highway 24 Morehead City, NC 28557 phone: 252/808-2808 "General" Variance Application Form, page 4 2. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or,fecpnfigured to better minimize or eliminate disturbance to he ripar?n buffers: ?. ?t'1 ..n 1 A /% R w .. . A• f 3. Description of any best management practices to be used to control impacts associated with the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re-planting vegetation or enhancement of existing vegetation,, etc): . 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this ;a Rule. (3) If economic hardship ecN!mic hardships and C?- /Vbta,VY V e's Part 3: Deed Restrictions to the property the hardship to the entire.value of the project By your signature in Part 5 of this application, you certify that all structural stormwater best management practices required by this variance shall be located in recorded stormwater easements, that the easements will run with the land, that the easements cannot be changed or deleted without concurrence from the State, and that the easements will be recorded prior to the sale of any lot. Part 4: Agent Authorization if you wish to designate submittal authority to another individual or firm so that they may provide information on your behalf, please complete this section: Designated agent (individual or firm): _ Mailing address: "General" Variance Application Form, page 3 Email: r'.,gnn ir,-,_Lq wremaG 0) C'p I G . GD VV-) C,Vnf-k iQ, • La(n Ve., kve, t-J 4. Project Name (Subd v?/ ho V P q.. C:OhYI sion, facility, or establishment name - consistent with project name on plans?????t?ons6lett?rs, opgra0ti?n?nd maintenance agreements, etc.): 5. Project Location: Street address: City, State, Zip: County: Latitude/longitude: 6. Directions to site from nearest major intersection (Also, attach an 8'/ x 11 copy of the portion of the USGS topographic map indicating the location of the site): O.rten-&L go vip+ on dw_L,,ss -1-urn rAlhi- on C, V I 1 h DNi rw e I I o t„/ - 4,1101 vci._v? o. " S la h S' 7. Stream to be impacted by the proposed activity: Strom name,4for unnamed strearps labelWq "UT to the nearest named stream): Stream classification [as identified wit ih the Schedule of Classifications 15A NCAC 2B .0315 (Neuse) or.0316 (Tar-Pamlico)]: ',4kSe, 8. Which of the following permits/approvals will be required or have been received already for this project? Required: Received i? C?a-(?:: -';;•? ;:pc't'" l? r i Datp received: 6'ti P uC... T k2 y a.. Pt Gt r Permit Type: CAMA Major CAMA Minor 401 Certification/404 Permit On-site Wastewater Permit 1,eoc w Active Connection to Sanitary Sewer System NPDES Permit (including stormwater) Non-discharge Permit Water Supply Watershed Variance Others (specify) Part 2: Proposed Activity (Please include attachments if the room provided is insufficient.) Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimension of any disturbance in the riparian buffers associated with the activity, and the extent of riparian buffers on the land. Include the area of buffer impact in fe.: , , h}4 5 "General" Variance Application Form, page 2 I OFFICE USE ONLY: Date Received Request # State of North Carolina Department of Environment and Natural Resources MAY 0 5 2003 Division of Water Quality P4:1)ErRAU?LITY SECTION General Mayor Variance Application SE CTION From the Neuse and Tar Pamlico Riparian Buffer Protection Rules for residential structures on existing lots within the coastal counties as defined by the Coastal Area Management Act (As approved by the Water Quality Committee of the Environmental Management Commission on 5/9/2001) ....................... ,?, .. . y . ............ . . t"?a?r S?49te?"''§SD'?k';;. %A`%.>•i..,:,..:.x.,e:. imve!!e..:..:.-a ir,?;:;; >. rirn ?y.... »+s . rei»k»i»»x D.... .L''s?.+a.... ?,mr:v2' "r""` ..YAa Xni»y siii' »..... . Please identify which Riparian Area Protection Rule applies. VINeuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC.0233) ? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC.0259) NOTE: To constitute a complete application, all of the Information requested In this form must be provided. Incomplete applications will be returned to the applicant, The original and two copies of the completed "General" Variance Application Form and any attachments must be sent to the DWQ 401/Wedands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650, 919-733-1786 to constitute a complete submittal. This form may be photocopied for use as an original. Part 1: General Information (Please include attachments if the room provided is insufficient.) 1. 2. Print Owner/Signing Name: Title: Street address: City, State, Zip: Telephone: Fax: 3. Contact person who 9 An am Name: G Telephone: (` Fax: "General" Variance Application Form Version 1: May 2001 al, etc. who ors the property): klnf-e, LAW and its co?fntpliance) f) t.,S L.4i4lt j about the proposed e0_1 85x1-?? Ga wrF ( /?ql?6? April 25, 2003 03,054 8 Mr. Bob Zarzecki DWQ 401/Wetlands Certification Unit 1650 Mail Service Center Raleigh, N.C. 27699-1650 WETLANDS/401 GROUP MAY 65 ???03 WATER QUALITY SECTION Re: "General" Major Variance Application Form Lot 2 Brandy Bay, Pamlico County, N.C. Mr. Zarzecki, Thank you for discussing Part 2 of this above referenced application form with me yesterday. Please let me know if additional information is needed in order for us to obtain this variance. I have provided the following documentation which you may find helpful: • Authorization To Use An Existing System (septic) • Survey of Lot 2 Brandy Bay prepared November 5, 1996. The only difference was the additional of a new dock constructed in the fall of 1999. • Permit from CAMA to construct the new dock (along with dimensions) dated August 5, 1999. • Preliminary opinion on title and a copy of the final title policy • Additional plot may showing minimum building lines and septic tank • Topo map showing relationship to surrounding lots • Vicinity Sketch • Directions to Brandy Bay Estates (map) • Copy of Offer to Purchase • Copy of section of lot survey with location of proposed house footprint • Copy of design and description of the house Based on the description of the house, the overall area is 46' X 46'. However, the pilings for the outside porches are included in that 46' X 46' measurement. The actual foundation in depth is approximately 30'. The actual width remains at 46'. Since our lot is approximately 110' wide, you can see our hardship. If you need anything additionally, I can be reached during the working hrs of 8AM- 4PM (a,) 919-852-8485 and at home afterwards (a), 919-851-8048. When corresponding by mail, please direct to the following: Cynthia E. Lawrence or Ronald A Lawrence 4900 Fielding Drive Raleigh, N.C. 27606 ?OF y W A T ARP .O [D n ?? r > -I o c Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, PE, Director Division of Water Quality May 22, 2003 DWQ Project # 03-0548 Pamlico County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Ronald Allen and Cynthia Ennis Lawrence 4900 Fielding Drive Raleigh, NC 27606 Subject Property: Lot 2, Brandy Bay SD, Trawler Lane, Merritt, NC Ball Creek (Bay River) [03-04-13; 27-150-20; SA HQW (high quality) NSW (Nutrient Sensitive)] REQUEST FOR ADDITIONAL INFORMATION Dear Mr. & Mrs. Lawrence: On May 5, 2003, the Division of Water Quality (DWQ) Wetlands/401 Unit received your minor variance request dated April 25, 2003. The DWQ has determined that your project is eligible for the use of the "General" Major Variance From the Neuse and Tar-Pamlico Riparian Buffer Rules for residential structures on existing lots within the coastal counties as defined by the Coastal Area Management Act, Approved 51912001. However, the DWQ needs additional information in order to complete the approval process of your variance. Therefore, unless additional information is provided as described below, we will have to move toward denial of your request per 15A NCAC 2B .0259(9) and will place this project on hold as incomplete until we receive this additional information. Specifically: Additional Information: House Location Based on the plot plan provided with your application, it appears that the house could be relocated or otherwise reconfigured such that impacts to the buffers could be avoided or minimized. Please relocate or reconfigure the house to avoid or minimize the impacts or provide additional information as to why this is not practicable. Please note that clearing and revegetating the outer 20 feet of the protected 50-foot buffer if required for construction of the home is an "exempt" activity. If you can relocate or otherwise reconfigure your home in such a way that it is not situated within the protected 50-foot buffer, then you may be able to avoid the requirement for obtaining authorization from the DWQ. Please respond in writing within three weeks of the date of this letter by sending a copy of this information to me and Mr. Tom Steffens of the DWQ Washington Regional Office at (252) 946-6481. If we do not hear from you in three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. Please call Mr. Bob Zarzecki of this office at (919) 733-9726 if you have any questions. Sincerely, John Dorney, Wetlands/ 401 Unit, DWQ cc: Tom Steffens, DWQ Washington Regional Office Tracey Wheeler, DCM Morehead City District Office, File copy Central Files 151-B Hwy. 24, Hestron Plaza II, Morehead City, NC 28557 North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ a a Sri i.tT S 86'38'19" E 1 68.33' ?fl }a7.sa' log DRAWAGE k UTiUTY CASEMENT °• - (t, ......_ ....... , ..... ... . _.. , ....._ : .:. _ .. f • ..? _. 14' ltRJWVIA ZIWING UNE o, L N WOOD BULKHEAD a i-Ps D fit;. 'i yr:t ?C1 LOT .l w , :h -Y _?; 18,469 0.42 + /-- k r:. ,? .;. _ •., ,,?., .r . M ? r iF \ Jp- S - 4- PYiIE l?y?7 w G? tr OAX T U 20' r?E TR>*E ? ' J ra 0 END BULK HEAD 20' ? TREE N o f e ... _ , . - .` .. _ 1Q IAiNIliUlt SutDWO URC ..? r .. i? 10' DRAJNAGE do UTILITY EA5W01T °G Z Y_ JUN-18-03 10=21 FROM=FUMC ID=9198527456 PACE OF WArR Michael F. ctby Governs Watlam G. doss, Jr., secretary beporhs?ent of fa?vuorunec?t ?d I?lu?uthl Resources 7 --r -? Akan W. Klhnek, Pt:, Omctor oiv? of water cKwity May 24, iOAO3 bDWQ Project *63 548 Pamlico County CERTIFIED MAIL - RETURN RECFIPT REQUESTED Ronald Allen and Cynthia Ennis Lawtteme ` 4940 Fielding Drive r Raleigh. NO 27606 Subjed Property: Lot 2, Brandy Say SD, Trawler Lane. Merritt, NC r Batt Creek (Bay Rimer) [03-04413; 27-150-20; SA HOW (high quality) NSW (Nutrient Sensitive)] REQUEST FOR ADDITIONAL INFORMATION , Dear Mr. & Mrs- Lawrence: 3/4 On May 5. 2o03, the Division of Water Quality (DWQ) Wellands/401 Unit received your minor variance request dated April 25, 2043. The DWQ has determined that your project is eltglble for the use of the'Generar Magor Variance From the Neuse and Tar-Pamlk v F?4 ar'?an Buffer RLdW for resrdentisl strUCtUMs on 04ft, lofs Within the coastal counties as deringd by the Coastal Area Management Act, Approved 5/g/20W1. However, the DWQ needs additional infqtmatlon in order to complete the approval process of your variance. Therefore. unless additional information is provltiecl as described below, we will have to move toward denial of your request per 16A NGAG 213 4269(8) and will place this project on hold as incomplete until we receive this ardditkxW infolmation. SpeotfrMy. Additional I rdarmation; House Location f Based on the plot plan provided with your application, it appears that the house could be relocated or otherwise reconfigured such that impacts to the buffers oould be molded or minimired. Please relocate or reconfigure the house to avoid or minimize the impacts or provide adcm nat inknmatlon as to why this is not practicable- Please note that clearing and revegetating the outer 20 foot of the protected Wfoot buffer if required for construction of the home is an "exernpt7 activity. If you can relocate or otherwise reconfigure your home in such a way that A is not situated within the protected 5Q-foot buffer, then you may be able to avoid the regttitl n% t for obtaining authorization from the DWQ. Please respond in writing lecithin three weeks of the data of this letter by sanding a copy of this information to me and Mr_ Tom Steffens of the DWO Washington Regional Office at (252) 946-6481. If we do not bear from you in throe weeks, we will assume thet you no longer want to pursue this project: and we wtil consider tho project as withdrawn. Please oO Mr. Rob Zarwoki of this office at (919) 733-9726 if you have any questions. Sincerely, John aomey. . Wetlands 140.1 Unit DWQ cc: Tom Steffens, DWO Washington Regional Office Tracey Wheeler. DOM Morehead City District Office,1 S1 -13 Hwy. 24, Hestron Plaza H. Morehead City, NC 28557 File Copy - Central riles Nom Carotin: Dlvlsbn of WaW QUaliiy. 401 WGUIft Ce1tide000 thtit. I I 5W Mg Senicc C"der, R&Wgh, Ne 27699-1664 (filming Addmm) 2321 Crabtree Blvd_ Raleigh, NC Z7904-M OACOJON 919.733 i-M (y wmb 919-733-6803 (ta* M JM2e_enr-8tRtv.rrcA*4X $4*nCW JUN-18-03 10:21 FROM:FUMC June 18, 2003 Mr. Bob Zarzecki DWQ 401/Wetlands Certification Unit 1650 Mail Service Center Raleigh, N.C. 27699-1650 Re; "General" Major Variance Application Form Lot 2 Brandy Bay, Pamlico County, N.C. Mr. Zarzecki, ID:919B527456 PAGE 2/4 Sorry for any delay. We never received notification from the PO to pick up the certified mail. Based on the additional information you needed and nay discussion with Mike today, 1 aqua providing the footprint of the house in the square on the survey which is enclosed. Earlier 1. provided the setbacks of 30' from the front (street side), 10' from the side liues, CAMA setback from the water of 40' and 5' setback from the existing septic system. That leaves us with the option we have provided to you on the map. This location is also the highest point on the lay of the land. The basic width of the lot is 111' (water side) with a maximum depth of 146' further hindered by the curve of the street and the 30' setback. Placing the footprint on the opposite side of the septic tank is prohibited even further and leaves no room to build based on the above stated setbacks. if I need to provide additional information, please be scare to contact us. We are very anxious to get this approval and move forward. Sincerely, k Av? Cy 'hi. Lawrence CC. "tom Steffens JUN-18-03 10=20 FROM=FUMC ID=9198527456 PAGE 1/4 r Cvnthia F-, Lawrence WachaviaMort UeCOT - l 100 Corporate Center Drive NC4778 pikicigh, N.C. 27606 - 1 9q9452 44 71 "1 4w '`rli rnr' Q*4 745 i } 11 facsimAe tmwfffitW Ar J* Fax: 919-733-6893 To: Mike Doran From: Cynthia Lawrence Date: 06/18/03 Ike: Additional information for variance Pages: 4 CC: [Click here and type natnel robes; Mike, Hope this is what is needed. If anything further is needed, please be sure to let me -lone w Y can be reached here at work at 919-852-8495 or by mailing to my home addrese-j s. d Cynthia S V V 1 C? d 0°f(2''YX NC DENR DIVISION OF WATER WETLANDS/401 UNIT 1650 MAIL SERVICE CENTER RALEIGH, NC 27699-165C s i M' .??... - - QUALITY II I II I I 11111111111 1 1 1 it 1111 II 1111 i t II INSUFFICIENT ADDRESS ATTEMPTED NOT KNOWN ? OTHER NO SUCH NUMBER/ STREET NOT DELIVERABLE AS ADDRESSED ,. 4 - UNABLE TO FORWARD I ?JiGEaAIMER t RICO m ? N me _ m? CO N w ?- ?` m ? m-3 ?; ro r ??m r° ? e 0!'1 +'Yt L ? -m Say^=3 z ?-iZ • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits, 1. Article Addressed to: Ronald & Cynthia Lawrence 4900 Fielding Drive Raleigh, NC 27606 03-0548 - Pamlico County- A Sig urkme x ? Agent B. Received by (P&ded'Nanre) C. Date of Delivery D- Ls eddress different from item 1? ? Yes It YES. enter delivery address below: ? No 4. Restrict-q rld:.-, z ?. type Certif d M ie ail ? Registered ? FO'p mail O'Retum Receipt for Me h ? Insured Mail rc andise 0 C.O.D. - .-.__ ... i I j v ---'.Boer 7002 3150 0004 9315 3384 (ranter from service ,?,• , PS Form 3811, August 2001 Domestic Retum Receipt 102595-024A-1540 OF W ATFR ?? r o ? Michael F. Easley ion Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, PE, Director Division of Water Quality May 22, 2003 DWQ Project # 03-0548 Pamlico County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Ronald Allen and Cynthia Ennis Lawrence 4900 Fielding Drive Raleigh, NC 27606 Subject Property: Lot 2, Brandy Bay SD, Trawler Lane, Merritt, NC Ball Creek (Bay River) [03-04-13; 27-150-20; SA HQW (high quality) NSW (Nutrient Sensitive)] REQUEST FOR ADDITIONAL INFORMATION Dear Mr. & Mrs. Lawrence: On May 5, 2003, the Division of Water Quality (DWQ) Wetlands/401 Unit received your minor variance request dated April 25, 2003. The DWQ has determined that your project is eligible for the use of the "General" Major Variance From the Neuse and Tar-Pamlico Riparian Buffer Rules for residential structures on existing lots within the coastal counties as defined by the Coastal Area Management Act, Approved 51912001. However, the DWQ needs additional information in order to complete the approval process of your variance. Therefore, unless additional information is provided as described below, we will have to move toward denial of your request per 15A NCAC 2B .0259(9) and will place this project on hold as incomplete until we receive this additional information. Specifically: Additional Information: • House Location Based on the plot plan provided with your application, it appears that the house could be relocated or otherwise reconfigured such that impacts to the buffers could be avoided or minimized. Please relocate or reconfigure the house to avoid or minimize the impacts or provide additional information as to why this is not practicable. Please note that clearing and revegetating the outer 20 feet of the protected 50-foot buffer if required for construction of the home is an "exempt" activity. If you can relocate or otherwise reconfigure your home in such a way that it is not situated within the protected 50-foot buffer, then you may be able to avoid the requirement for obtaining authorization from the DWQ. Please respond in writing within three weeks of the date of this letter by sending a copy of this information to me and Mr. Tom Steffens of the DWQ Washington Regional Office at (252) 946-6481. If we do not hear from you in three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. Please call Mr. Bob Zarzecki of this office at (919) 733-9726 if you have any questions. Sincerely, 'John Dorney, Wetlands / 401 Unit, DWQ cc: Tom Steffens, DWQ Washington Regional Office Tracey Wheeler, DCM Morehead City District Office, 151-B Hwy. 24, Hestron Plaza II, Morehead City, NC 28557 File copy Central Files North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ . ?C r S 86'38'19" E 168.33' 10' DRAINAGE ec UTILITY EASEWENT o Z N io uw?uuu 'BUILDING LINE O ?' WOOD BULKHEAD ; >c tij O d~ s - o ? r 0??P rn PAY' rn LOT 18,469 sq-ft G +??? / 0.42 +/- acres Z \ N) TREES PW TR[E, ?t Qy Ln t / o ` t 2' Pm`7 END BULK HEAD 20' PW IM / /oP 20' PW TREE it OM TREE / z ? - - t1' - • - . - - . - . 70' ?+wl,AUU BUILDING LINE / '? CO 10' DRAINAGE do UTILITY EASEWENT ==` N 85'31'03T' W - 145.82' May WQC Agenda Item # 2 5/08i019/e3/01 e4/11/e1 r S; Any on-site wastewater treatment must not be located within 50 feet of a surface water as specified in "ZONES OF THE RIPARIAN BUFFER' [15A NCAC 2B.0233(4) and 15A NCAC 2B.0259(4)] of the buffer rules. The only exceptions include any pretreatment systems meeting the Treatment Standard 1 as found in 15A NCAC 18A. 1969 Innovathe System Approval regulated by the NC Division of Environmental Health, On-site Wastewater Section. b 9. On-site stormwater management controls must be shown on the application and stormwgter-runoff must be directed away from the adjacent surface water and/or coast wetland as determined sufficient by DWQ staff; measures such as rain gardens, bio-retention areas, vegetative filter strips and planting of trees or shrubs along bulkheads and/or property lines to maximize pollutant removal may be required as' determined by DWQ staff. If the applicant is required to obtain a ; Sedimentation and Erosion Control Permit or a CAMA Major Permit, then a Stormwater Permit may be required from the DWQ. 10. Mitigation will be required at a 1:1 ratio for impacts to Zone 1. This mitigation can be accomplished by either (1) payment into the Riparian Buffer Restoration Fund (administered by the DWQ Wetlands Restoration Program), (2) planting or protection of a riparian area not subject to the buffer rules, or (3) additional planting of a partially buffered location on-site or in close proximity to the impacted area. Mitigation plans must be approved in writing by the DWQ prior to construction. 11. The applicant must receive written approval from the DWQ based on the submittal of the "General" Major Variance Application Form acknowledging that these conditions have been met before any impacts occur to the riparian buffer. 12. The applicant must contact the appropriate District office of the N.C. Division of Coastal Management or Local Permitting Officer for any current requirements for CAMA Major, Minor or General Permits. Signed: Dr. Charles H. Peterson, Chair Water Quality Committee NC Environmental Management Commission Effective Date: May WQC Agenda Item # 2 5/omirsiowoi 04111 Please note that this draft version contains edits to the version sent in the May 3rd mailing. The changes are indicated by striketh gl? and underline. " General" MAJOR VARIANCE S' b From the Neuse and Tar-Pamlico Riparian-Buffer Protection Rules for residential structures on existing lots within the coastal counties as defined by the Coastal Area Management Act that meet the conditions stated below. This "general" major variance from the Riparian Buffer Protection Rules in the Neuse (15A NCAC 2B .0233) and Tar-Pamlico (15A NCAC 2B .0259) River Basins is hereby issued by the NC Environmental Management Commission (EMC) for impacts to the protected buffers as long as the conditions prescribed below are met. The applicant must submit to Division of Water Quality (DWQ) three copies of the DWQ "General" Major Variance Application Form that describes how the following conditions of this variance will be met. If these conditions can not be met, an individual Major or Minor Variance from the Buffer Rules may be sought from the EMC. This "General" Major Variance shall expire on April 11, 2006 unless it is renewed before that time by the EMC. Conditions: 1. The residential lot must be located within one of the coastal counties as defined by the Coastal Area Management Act (CAMA). 2. Applicants must show that they have met the requirements for a variance as specified in the buffer rules in "VARIANCES" [15A NCAC 2B t233(9)(a)(i)-(iii) and 15A NCAC 2B .0259(9)(a)(i)-(iii)] for the specific river basin whete the impacts will occur. 3•: Applicants must show that the residential lot has been platted and recorded prior to August 1, 2000. River- Basin; My 22, 1997 and Tof PawAiee River- Basin; Jamwy , 4. 2000) &r- the speeifie river- basin where the impoets wi)4 eeew. Construction is for residential buildings and related structures such as garages, decks, porches,, attached commercial buildings, driveways and sheds. 5. Substantial expenditures and contractual obligations must have occurred in good faith prior to the August 1, 2000 speeifie basin where the impaets %i14 . Substantial expenditures and obligations must have been made in reasonable reliance upon governmental permits and/or approvals (such as 401 Water Quality Certifications, CAMA permits, active connection to an existing sanitary sewer system or local septic system approvals). Supportive written documentation must be submitted to the DWQ for review. 6. The lot must be buildable, without wetland impacts except for driveways and/or utility crossings and any impact to the buffer shall be minimi ed to the maximum extent practical. 7. Where impacts to the buffer will occur, the impact should be minimized to the greatest extent practicable as determined by DWQ staff. 111 City, State, Zip: Telephone: Fax: Email: b+d. Part. 5: Applicant's Certification hGPi l? Y O & -C?? ?Gi G ?'?print or type name of person listed in Part I, Item 2), certify that the Inf rmation Included on this permit application form is correct, that the project will be constructed in conformance with the approved plans and that;thb deed restrictions in accordance with Part 5 of this form will be recorded with all required permit conditions. t Signature: Date: ac Title: ownrl^ NC Division of Water Quality (DWQ) 401 Wetlands Certification Unit 2321 Crabtree Blvd. (LOCATION) 1650 Mail Service Center (MAILING ADDRESS) Raleigh, NC 27699-1650 (919) 733-9726 (phone) http://h2o.enr.state.nc.us/ncwetlands/ RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 General Number: (919) 876-8441 http://wwW.saw.usace.army.mil/wetlands/regtour.htm WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers Post Office Box 1000 Washington, North Carolina 27889-1000 General Number. (252) 975-1616 http://www.saw.usace.army.mil/wetiands/regtour.htm Washington District Office Division of Coastal, Management 943 Washington Square Mali Washington, NC 27889 phone: 252/946-6481 Morehead City District Office Division of Coastal Management 151-B Highway 24 ' Morehead City, NC 28557 phone: 252/808-2808 i 1w 111 "General" Variance Application Form, page 4 2. State reasons why this plan for the proposed activity cannot be practically accomplished, ,.? red ced or jec nfigured to better minimize or eliminate dist rbance to he riparian buffers: Q 2 C Ccult/4j r-4- r 3. Description of any best management practices to be used to control impacts associated with$, the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re-planting vegetation or enhancement of existing vegetation, etc. : 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. a ' (2) How these difficulties or hardships result from conditions 412 unique,to the property involved. ' .f r I y'? (3) if economic hardship i t e maj rc onsideratio hen include a specs Ic exp anation of the economic hardships and p jopo f jherdship to the entire value of the protect. , lam- !AWOV i • r ^J LA .? / ,% / 'H / . i A. , -H- el AA." .. ( A.dd..- Part 3: Deed Restrictions By your signature in Part 5 of this application, you certify that all structural stormwater best management practices required by this variance shall be located in recorded stormwater easements, that the easements will run with the land, that the easements cannot be changed or deleted without concurrence from the State, and that the easements will be recorded prior to the sale of any lot. f, i Part 4: Agent Authorization if you wish to designate submittal authority to another individual or firm so that they may provide information on your behalf, please complete this section: Designated agent (individual or firm): _ Mailing address: "General" Variance Application Form, page 3 Email: Y i Zq U/Ve( G . G© ?in VIG? o) ? ?J ia, • L WYe Y)cC 60 Wi?EKoVra, . r? 4. Project Name (Subdi sion, facility, or establishment name - consistent with project name on plans, specifications letters, op ration nd maintenance agreements, etc.): 5. Project Location: Street address: City, State, Zip: County: Latitude/longitude: 41i, 6. Directions to site from nearest major intersection (Also, attach an 8'/x x 11 copy of the portion of the USGS topographic ap indicating the location of the site): Or a.? o S+ o h YMIL, Ur n' or I. i h Y P,YY 1 v n I I o i./ 41-11P Vek_V1 u . 5167 h t 7. Stream to be impacted by the proposed activity: Str pm name_(for unnamed strearRis labelAq "UT" to the nearest named stream): i 1 yrr. r. I-% -T" I ve.r Stream classification [as identified wit?fn the Schedule of Classifications 15A NCAC 2B .0315 (Neuse) or.0316 (Tar-Pamlico)]: NeLk.SP,, 8. Which of the following permits/approvals will be required or have been received already for this project? Required: Received: Datp received: t yo- F Permit Type: , CAMA Major CAMA Minor 401 Certification/404 Permit On-site Wastewater Permit SWc.v- Active Connection to Sanitary Sewer System NPDES Permit (including stormwater) Non-discharge Permit Water Supply Watershed Variance Others (specify) Part 2: Proposed Activity (Please include attachments if the room provided is insufficient.) 1. Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimension of any disturbance in the riparian buffers 'k. associated with the activity, and the extent of riparian buffers on the land. Include the area of buffer impact in ftz.;•?? ^. II i 0'-1T 771", T: t:a "General" Variance Application Form, page 2 OFFICE USE ONLY: Date Received Request # State of North Carolina Department of Environment and Natural Resources Division of Water Quality i "General" Major Variance. Application Form - From the Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residential structures d, on existing lots within the coastal counties as defined by the Coastal Area Management Act (As approved by the Water Quality Committee of the Eavirdnmental Management Commission on 5/9/2001) Please identify which Riparian Area Protection Rule applies. a/ Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC.0233) ? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC.0259) i? fA wf 0..?3Jiy%s?sni'K•t .. S'i. i% iNBYk'S'S?%fY?+V#?U,L'1.Hi% iil`r++4yia'4i''Si?i2'%tWtiE?K ?Y.WH.EsSN£4r4i£+J145 ca +,. t' S.£*Si••... ...... K`:?'?3"' 4 Vu i yi k4.M{Ftd...... YhX9S`A41 NOTE: To constitute a complete application, all of the information requested in this form must be provided. Incomplete applications will be returned to the applicant. The y ' original and two copies of the completed "General" Variance Application Form and any attachments must be sent to the DWQ 4011Wetlands Certification Unit, 1650 Mall Service Center, Raleigh, NC 27699-1650, 919-733-1786 to constitute a complete submittal. This form may be photocopied for use as an original. Part 1: General Information (Please include attachments if the room provided is insufficient.) 1. Applipant's nqrrae (?rcoN oration, ir?divic?ual,neicnwho owgs the property): 2 Print Owner/Signing Name: Title: Street address: City, State, Zip: Telephone: Fax: 3. Contact person who Name: Telephone: 1 Fax: I "General" Variance Application Form Version 1: May 2001 questions about the proposed 0-1964-1 Let Wrc.W Iq Cyr PAMLICO COUNTY HEALTH DEPARTMENT August 31, 2001 Dear Pamlico County Landowner, 203 NORTH STREET PO BOX 306 BAYBORO, NC 28515 252-745-5111 252-745-7684 FAX In 1997, the North Carolina Legislature appointed a commission to protect the water quality and the environment in Eastern North Carolina. Legislation has been passed that may affect the intended use of your property. In a consolidated effort of the Pamlico County Commissioners and the Pamlico County Board of Health, the Commission has established a special provision for you. As a Pamlico County landowner, there is a new window of opportunity to obtain a "General Variance", as approved by the Water Quality Committee of the Environmental Management Commission on, 5/09/2001. This variance expires on April 11, 2006. This is your window of opportunity to apply for a variance to plan for future land use. Basically, you must provide written proof to the State that the land was platted and recorded prior to August 1, 2001. Secondly, the State will recognize a lifetime septic permit issued by the Pamlico County Health Department as a substantial outlay if dated prior to August 1,2001. Thirdly, the variance remains with the property just like the septic permit for the life of the land. Our records indicate that you have a valid lifetime permit for your property in our records. In order for you to ensure the intended use of the land, you need to complete the enclosed variance request. This process should be initiated as soon as you possibly can. Applications should be mailed to DWQ 401/Wetlands Certification Unit, 1650 Mail Service, Center, Raleigh, NC 27699-1650. The Pamlico County Health Department's goal is to assist you as much as possible with our limited resources. Copies of your permit, plat, and other surveys (if in our records) are available at a cost of $5.00 and will be mailed directly to you to be included with your application. Send a written request to: Kristie Mitchell PO Box 306 Bayboro, NC 28515 Enclosures: General Variance Application DWQ Special Rules Thank You, / Jenn? ?assiter Pamlico County Health Director eI Y' jVkm Pamlico County Building Inspections P.O. Box 776 Bayboro, N.C. 28515 (919)-745-3861 Adjacent Riparian Property Owner Statement Epn# I hereby certify that I own property adjacent to / S `s Name of landowner proposing development on /I 1,14 c c u.v77r in/near Lot# ? of dle4tllil' Z' ?S Community Subdivision, i applicable Tax Parcel # off SR ?3 Complete description of how to locate this property: /C77;F. 71-eAv/k-77,c4,r7y6. vlg n R'l??iyiSio1i1 . ,t!k?D ?zk ?l?-S PrIGC 510 P.?,tirt i?> ?u/ This proposed project, a 42zi zr , and the location has been described to me as shown in the drawing below and I have no objections to the proposal. For a Pier, check one of the Following: , I wish to waive the 15' minimum setback from my riparian access. I do not wish to waive the 15' minimum setback requirement. Draw the proposed structure in the space provided below. List the size of the structure and measured distances from the adjacent property lines, other structures on the property, and the road, water, etc. i b -4F/,LIAleS NeFQFp I- ?'- -?- ,76 / Erlos?c J Tc> EE- ri'CC = ?tcED - < 61"VoiEfe- -ra it 46) "'45 /COCK ?t7rvP,,(L 7aiZElN?fE' ? rip ' EXISTING IRON SB6'38' 20'E 166.53' Xld 10'MIN RI BUILDING LINE y r-r'??W1W'jy ? hr?F ?/ O / ? li r 00, o?. ,(.60. Vl =4 ar r R, ` ('l A6 r N85' 31 ' 03 Vl 145.8Z' I I A(ler this form is completed by the landowner proposing the project, a copy is given to the adjacent landowners for their consent and signatures. The forms are then returned, along %%ith a building planand other applicable required information. to the Building Inspections Oflice for building permit application/processing. Signature Dat t5 A t Y ? f 1 1 1 ? •! V - N , --+ c ul s ?' 1 1 1 1 1 ' 1,,, a L L G/Z Le • IJ f.. 1 [ Ra t D 1 • ? i?Y v to ?t? 0. (11 4.y? •.a1 ?f(SM .l.0? I r Eotl^' 0.00 N v IJ 11 i _lk - ,? in Iii 1t 1 T } _, o f ?. _ nt c x A LS C p, to -`c4 u' _ r a 5O+? A\ L941Tr vile 5voulvlslott coutir(,, H.C. LOT IIO. TOWt15111P, L """? i. PAMLICO COUNTY HEALTH DEPARTMENT FNVIRONMEPITAL HEALTH SECTION P.O. BOX 306 BAYBOP.O, NORTH CAROLINA 28515 TELEPHONE: 745-5634 AUTHOPIZA,TION TO USE AN EXISTING SYSTEM RECORD # A00386 PERMIT # A00386 APPLICANT NAME: RICHARD GREEN ADDRESS: P.O. BOX 128 VANDAMERE NC 28587 LOCATION/SITE: BRANDY BAY LOT# 2 TRAWLER LANE MAP #: L07-71-2 TYPE OF DWELLING: (x) HOUSE: ( ) MOBILE HOME ( ) OTHER. NUMBER OF BEDROOMS:_ 3 OTHER FACTORS WATER SUPPLY: (xx) PUBLIC ( ) PRIVATE SYSTEM ORIGINALLY INSTALLED:__ PRIOR TO 1989 O'•'NER AT DATE: _ NIA PERIMETEP. OF EXISTING SYSTEM: To the fullest extent that we are able to determine from site evaluation and/or without previous documentation, the perimpters of the septic system in existence on this site are as follows: x,*********x**************************** Plot Plan *k*************** DATA: TANK. SIZE:EXISTING NO. LINES: 2 X 75' NO. LINEAR FT.: is0' NO. SQ. FT.: 450' * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * k * * * * * * * * * * * * * * * * * * The system located at this site, at this time, shows no signs of failure to function properly and may be "PLACED INTO USE". Should the system show signs, in the future, of malfunction it shall be the responsibility of the property owner to apply for an Improvements Permit for the repair of the system. *Failure to maintain a properly functioning septic system is considered a public health hazard and a Violation of the North Carolina State Laws and Rules Governing Sanitary Sewage Collection, Treatment. t( Disposal. Violation of this regulation is punishable as a misdemeanor. Sanitarian: 1Date: 9-15-9? WILLARD W. COLE i 0 BALL N28' 30' 29 " E 17.32' N31 °52' 45`E 9.21' N43 ° 22' 23' E 8. 41 ' N I 1 ° 38' 07 EE 13. 46' CREEK P/ER N07042' 14 O W 40. 58' N07°24' 50'E 21.37' ``s?ttSCttttotEXISTING IRON SL AL i +?+:eF+-?jLa ?-` s NO. I REV IS IONS I DATE J.4?P' D 0 SB6' 38' 20' E' 166. 5.3 / I , I? ?--1 0 /O' MIN. BLDG. L E? N85' 31 03.4 yy / 45. 82' pO' EX?St?NG 0 S UR VE YED FOR A CK T. BEN TL E AND WIFE MARTHA S. BEN L 617 2 - BRAND Y BA Y E: PLAT CABINET A SLID, NO. 3 TWP. PAML 1 CO CO. • certain lot or parcel of land situated in the City of .Merritt, _NC .............. ........ . Kum,ber...Three,,.( 3.).... Township, Pamlico _ . County, North Carolina and more particularly described as follows: Being all of Lot Number Two (2), Brandy Bay Estates, Section One,' as the same is shown on that certain map recorded in Plat Cabinet A at Slide 47-8 of the Pamlico County Registry, ALSO CONVEYED herein is a right of ingress, egress and regress over and upon that certain 60 foot wide strip of land designated as Tract B on the map recorded in Plat Cabinet A at Slide 4-3 of the Paaglico County Registry ann over and upon Winchester Way, Bayview Drive and Trawler Lane as shown on the map of Brandy Bay Estates, Section One, recorded in Plat Cabinet A at Slide 47-8 of the Pamlico County Registry. I ?t i Old Republic National Title Insurance Company OWNER'S POLICY Schedule B (Continued) 5. Easement(s) to Carolina Telephone and Telegrah Company, recorded in Book 233, Page 256, Pamlico County Registry. 6. Rights of others in and to subdivision street and access road: 7. The following matters that are shown on survey dated September 18, 1997, by Brad L. Suitt, Registered Land Surveyor: Building setback lines, which have not been violated, drainage and utility easements, rights of others in and to bulkhead and the continued uninterrupted flow of Ball Creek. I ALTA Owners Po/icy 10-17-92 office: The Title Company of North Carolina 434 Fayetteville Street Mall, Suite 2340, Raleigh, NC 27602-2718 919-832-0252/800-277-0081 File ID: 98R 1 O2 7 Policy ID: SV2953123 [530441 Printed: 02-10-1998 Page 2 Old Republic National Title Insurance Company OWNER'S POLICY Schedule A Policy ID: SV2953123 , Coverage: $35,000.00 Policy Date: December 29, 1997 at 02:47PM in Pamlico County d 1. The Insured in whom title to the fee simple estate or interest in the land is vested at Policy Date is: RONALD A. LAWRENCE AND WIFE, CYNTHIA E. LAWRENCE 2. The land referred to in this policy is described in the following instrument (s) : Being the same land as described in that certain Deed from RICHARD J. GREEN AND WIFE, KATHRYN M. GREEN to RONALD A. LAWRENCE AND WIFE, CYNTHIA E. LAWRENCE, dated December 29, 1997, and recorded on December 29, 1997, at 02:47PM in Book 329, Page 120, Pamlico County Registry. 3. The land referred to in this policy is described in the insur?ad instrument(s). For description of the insured land, see Exhibit "A" attached hereto and made a part of Schedule A. Schedule B This policy does not insure against loss or damage by reason of the following: 1. Taxes for the year 1998, and subsequent years not yet due and payable. 2. Restrictive Covenants recorded in Book 264, Page 599, Pamlico County Registry; but the Company insures that said covenants have not been violated and that a future violation thereof will n6t cause a forfeiture or reversion of title. 3. Subdivision Street Disclosure Statement recorded in Book 264, Page 597, Pamlico County Registry. 4. Easement(s) to Tideland Electric Membership Corporation, recorded in Book 211, Page 294, Pamlico County Registry. ALTA Owners Policy 10-17-92 office: The Title Company of North Carolina 434 Fayetteville Street Mall, Suite 2340, Raleigh, NC 27602-2718 919-832-0252/800-277-0081 File ID: 98R 1 02 7 Policy 1D: SV2953123 [530441 Printed: 02-10-1998 Page 1 Owner's Policy American Land Title Association Owner's Policy 10-17-92 * * Policy Number SV 2 9 5 312 3 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCAOLE * * * * * B AND THE CONDITIONS AND STIPULATIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, the said Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be valid when countersigned by an authorized officer or agent of the Company. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: , 1. (a) Any law, ordinance or governmental regulation (including, but not limited to, building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recordedIn'the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Issued through the Office of: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 I612I371-1111 ?? , ??--? ??c--•, By + President Authorized Signatory ^_' - ^^ Attest, '?'?? Secretary STANDARD EXCEPTIONS The attorney should initial any exceptions that are to be eliminated on the line to the left of the exception. 1. Interest or claims not disclosed by public records, including but not limited to: (a) Unrecorded Mechanics' or Materialmen's liens. (Liens may be filed by persons or entities furnishing labor or materials to any improvements of real property within 120 days from the last day of performance and will upon perfection relate in priority to the first day of performance as a valid lien on real property.) b (b) Unrecorded leases. (Under North Carolina law, parties in possession of the premises under a verbal or unrecorded lease of three years or less duration may remain in possession under terms of the tenancy.) I (c) Matters that may defeat or impair title which do not appear on the record. (Evidence revealing missing heirs, forgeries, etc, may not be on the public records, but such facts if properly established may impair or defeat what appears to be a good title on the record.) (d) Taxes, special assessments and other governmental charges that are not shown as existing liens by the public records. (Governmental charges may be made for acreage fees, tap-on fees, cost of weed cutting, demolition of condemned buildings and other matters that are not shown as existing liens on the property by the public records.) (e) Unlisted personal property taxes. (If discovered, such taxes and any penalties may be assessed as a lien on the subject property.) 2. Matters occurring prior to and subsequent to the inclusive dates of examination. 3. Matters which would be revealed by a review of the public records regarding the proposed purchaser/borrower, who is not a current owner of the property. 4. Any inaccuracies and discrepancies which an accurate survey of the property may disclose. (A survey, if procured from a competent surveyor or civil engineer, will normally determine whether improvements lie within the boundaries of the property, whether existing utility lines, roads or other easements cross the premises, and whether there are any encroachments.) 5. Security interests that may have attached to fixtures on the subject property as provided in Article 9 of the Uniform Commercial Code of North Carolina. r 6. Compliance with any local, county, state or federal government law or regulation relative to environment, zoning, subdivision, occupancy, use, construction or development of the subject property. 7. Federal judgments, liens, and proceedings filed only in the Federal Court. (Upon the filing of a petition in Bankruptcy, title to real property vests in the Trustee in Bankruptcy and notice thereof is not always required to be filed in the County in which the Bankrupt owns property; federal condemnation proceedings may vest property in the federal government and notice thereof is not required to be recorded among the County records.) 8. Civil actions where no notice of fls pendens against subject property appears of record. Note: The matters included in Standard Exceptions Number One (1) above set forth are items that cannot be checked. Standard Exceptions numbered 2, 3, 4, 5, 6, 7 and 8 are not included in a normal search of the County records during examination of title. Upon special request, additional investigation may be made, and Standard Exceptions numbered 2, 3, 4, 5, 6, 7 and B can be.eliminated. Any such elimination is evidenced by the initialing of such exception in the left margin by the attorney. (Continued from front) PRELIMINARY OPINION ON TITLE FOR Ronald A. Lawrence and wife, Cynthia E. Lawrence The undersigned has examined the record title on the Pamlico County records (and municipal tax and assessment records if within a municipality) for the period shown below relative to title to the real property described below, and gives the following opinion of status: Owner(s): Richard J. Green and wife, Kathryn M. Green b Interest or estate: marketable fee simple title Property Description: (or attach copy of legal description) Lot 2, Brandy Bay Estates as recorded in Plat Cabinet A, Slide 47-8, Pamlico County Registry. Subject to the uninilialed STANDARD EXCEPTIONS on reverse side hereof. Also subject to the following SPECIAL INFORMATION AND EXCEPTIONS: Taxes: 1. Ad valorem taxes are paid through and including those for the year: ..... 1997 2. Taxes now due and payable: ..................................... None 3. Taxes, a lien, deferred or otherwise, but not yet due and payable: ....... None 4. Special levies or assessments now due or payable in future installments:... None 5. Estate or inheritance taxes: ................. ...................... None Restrictive Covenants? Yes [X ] ; No [ ] (Attach Copy). 1. Book 264 , Page 599 ] . 2. Does survey and/or public record indicate a violation? Yes [ ] ; No ( X] ; Unknown[ 3. Contain reversionary or forfeiture tTVet Yes [ ] ; No ( A. CAMA 4. Building Setback Line(s) of 30- feet from front; 10 feet from side; feet from side street; feet frcW rear. 5. Easements/Other Matters: 101 each side road R/W and each si Cap 1 nt 7 ; ni- Survey and Inspection Report Attached? Yes [ ] ; No ( ] . Prior Survey Recorded Plat? Yes [X) ; No [ ] . 1. Book Page Plat Cabinet A, Slide 47-8 75 CAMA feet from side street; 15 feet from rear. 2. Building Setback Line(s) of 30 Sfeet f from front; 10 feet from side; 3. Violated? Yes [ ] ; No [ ] ; Unknown [X ] . 4. Easements/Other Matters: Access to Public Right of Way? Yes [X)} ; No [ ] . Direct [ ] ; or over a private easement [X ] ? (if private easement, attach copy). ] . If over a private easement, has a search been made of adjoining property on which easement crosses? Yes X ] ; No[ Property Occupied By: Owner [ ] ; Tenant[ Unimproved [XI ; Unknown [ ] . Updating From Previous Title Insurance Policy? Yes ( ] ; No [ XI (Attach Copy). If "Yes", has a search of the public records been accomplished for such period of time within which judgements, liens or other matters could affect the property, regarding the owner(s) of the property on and after the date of said policy? Yes [ ] ; No[ I . Other Easements, Liens, Deeds of Trust, Objections or Defects: 1) Standard Exceptions attached as "Schedule A". 2) Subdivision Street Disclosure Statement recorded in Book 264, Page 597. 3) Easement from Wade Moore and wife to Tideland Electric Membership Corporation recorded in Book 211, Page 294. 4) Easement from Wade Moore and wife to Carolina Telephone & Telephone Company, recorded in Book 223, Page 256. 5) Deed of trust from Richard J. Green and wife, Kathryn Gree, to Alexander S. Badger, Jr., Trustee, dated November 20, 1997, recorded in Book 328, Page 255, secuieirYirTo$I,9,;10c0c&:n00 due First Citizens Bank. This opinion of title is for the parties to whom it is furnished, is not transferable, and may not be used by any other person or entity without the prior written consent of the undersigned. SEE #6 ON BACK The Search Period was from a period of sixty years prior to December 1, 1997 - at3 :,50 P M. Telephone: (919) 745-5115 Address: PO Box 218--B Bayboro, NC 28515 ) H 1. Owner's Insurance: a) Insured: RONAI b) Use of Property: 2. Mortgagee Insurance: $ a) Insured: CE APPLICATION Residential [ X) ; Unknown ( ) ; or Other[ ] (loan amount). b) Loan is: Permanent ( Temporary I I ; Construction ( I ; FHA [ ] ; VA ( ] ; Conventional [ Other I 1 c. The following Standard ALTA Endorsements are requested: Send original Binder to: TITLE INSUR $ 35, 000. 00 (pu Commercial ( ] ; N.C. Bar Assoc. roam No. I • P This Standard Form has been approwd jointly and is copyright 01989 by: long Printing Co.. CO. Bm Sg691 • Ratetgh, Nc v6Se•g693 NORTH CAROLINA BAR ASSOCIATION Prinied by agreement wtrh the N.C. gar Assoc. - 19111. NORTH CAROLINA LAND TITLE ASSOCIATION n Day EitafEi Enjoy one o4 these beoutiful deep woler lots on Boll Creek or on interior loj with c deeded boot slip. Most of these lots ore bulkheoded, hove pier#,'ond septic tcnks in-ground. Corne home to Brondy Boy Estctes. From O!ientol, go west on Hwy. 55, turn right on SR 1324 in Merritt and follow the 3ron,dy Boy s;gns. 22 21. 20 v v 1 d? 44 3 23A 44A 25 24 U C_. 4 24A 1sA S 19A 15A 6 12 13 14 17A 16A `r0,r 9 10 N OP?? RJ OPEN EVERYDAY 1-800-327-4189 TOLL FREE 19 it I' 15 16 17 f? REALTY, INC. Sales • Rentals • Appraising - Property Management Local: (919) 249-1787 Broad Street - P.O. Box 130 - Orients). N.C. 25571 1 1 1 J HGF A VICINI'T'Y 5M-rCH o- 12. PROPERTY DISCLOSURE AND INSPECTIONS: (a) Property Disclosure: Cl Buyer has received a signed copy of the Residential Property Disclosure Statement prior to the signing of this Offer to Purchase and Contract. O Buyer has NOT received a signed copy of the 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 upon receipt of the Iesidential Property Disclosure Statement provided such termination or withdrawal notice is hand delivered or mailed to Seller or Seller's Agent within three days following receipt of same. k3 Exempt from Residential Property Disclosure Statement because (SEE GUIDELINES) no dpAling cn ptqmrty O The Property is residential and was built prior to 1978 (Attach Lead-Bnseq Paint- or Lead-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 Buyer's expense, inspections to determine the condition of the Property. Unless otherwise stated hereiJit is a condition of this contract that: 0i the built-in appliances, electrical system, plumbing system, heating and cooling systems, roof coverings (including flashing and gutters), doors and windows, exterior surfaces, structural componcpts (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; (ii) there shall be no unusual drainage conditions or evidence of excessive moisture adversely affecting the structure(s); and (iii) there shall be no friable asbestos or existing environmental contamination. Inspections must be completed on or before rVa Buyer is advised to have any inspections made prior to incurri6p expenses for Closing and in sufficient time to permit tiny rcouired repairs to be completed by closing. (c) Wood-Destroying Insects: Unless otherwise stated herein, Buyer shall have the option of obtaining, at Buyer's expense, a report; from a licensed pest control operator on n standard form in accordance with the regulations of the North Carolina Structural Pest Control Committee, stating that 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 in neclion report described in this paragraph may not always revcnl ellhcr structural damage or damage caused by agents or organisms other than wood-destroying insects. If new construction, Seller shall provide a standard warranty of termite soil treatment. (d) Repairs: Purwant to any inspections in (b) and/or (c) above, if any repairs are necessary, Seller shall have the option of (i) completing them, (ii) providing for their completion, or (iii) refusing to complete them. If Seller elects not to complete or provide for the completion of the repairs, then Buyer shall have the option of (iv) accepting the property in its present condition, or (v) 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 (ii), b (iii) and (c) above are excluded from repair negotiations under this contract. (e) Acceptance: CLOSING SHALL CONSTITUTE. ACCEPTANCE OF EACII OF THE SYSTEMS, ITEMS AND COIDITIONS LISTED ABOVE IN ITS TIIFN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING 13. REASONABLE ACCESS: Seller will provide reasonable access to Buyer or Buyer's representatives for the 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,p ipers l necessary in connection with closing and transfer of title on or before 'Al. I , at a place designated by Buyer. The deed is to be made to Raald A. fir &-d wife,, 15, POSSESSION: Unless otherwise provided herein, possession shall be delivered at closing. In the event possession is NOT to be delivered at closing: O a buyer possession before closing agreement is attached. OR, O a seller possession after closing agreement is attached. 16. OTIIER PROVISIONS AND CONDITIONS: (ITEMIZE: ALL ADDENDA TO THIS CONTRACT AND A"ITACH HERETO. SEE LIST OF STANDARD FORM ADDENDA AVAILABLE.) rVa OFFER TO PURCHASE AND CONTRACT F ct' A. Laa-er ,, Wd Wife,, Cynthia E. La<U-0-a , as Buyer, hereby offers to purchase and Ric}rirrl ,7 Cki@M, aril uri fin, _Vatbt= M- [bam , as Seller, upon acceptance of said offer, agrees to sell and convety, 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: 1. REAL PROPERTY: Located in the City of rVa , County of Paridia) , State orNorth Carolina, being known as and more particularly described as: Street Addresses 2 Tlemlpr^ rar)pr M Z, 28S96 a Legal Description: ?- (kJ All O A portion of (he property in Dee Reference: Book 265 _, Page No. 56 Padico County. ) NOTE: Prior to signing the Offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants, if any, which may limit the use of (lie 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: I'hc following items, if airy, are included in the purchase price free of liens: any built-in appliances, light fixtures, ceiling,fans, attached floor coverings, blinds and shades including window 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 sheos, mailboxes, wall and/or door mirrors, and any items attached or affixed to the Property, EXCEPT the following items: 3. PERSONAL PROPERTY: The following personal property is included in the purchase 4. PURCHASE PRICE: The purchase price is S Mr LU.UU and shall be paid as follows: (a) $ 1,000.00 , EARNEST MONEY DEPOSIT by O cash M personal check D bank check O certified check O other ilia to be deposited and held in escrow by ?1t1/fAft hsalty? tire. as escrow agent, until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated. In the event: (1) this offer is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be returned to Buyer. In the event of breach of this contract by Seller, upon Buyer's request, all earnest monies shall be returned to Buyer, but such return shall not affect any oth^r remedies available to Buyer for such breach. In the event this offer is aecepttd 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 dispojit+on has been obtained or until disbursement is ordered by a court of competent jurisdiction. I (b) S-n/a , ADDITIONAL EARNEST MONEY DEPOSIT to be paid to escrow agent no later than n/a (c) $__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) S r>/a , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (e) BALANCE of the purchase price in cash at closing. 5. CONDITIONS: (State N/A in each blank that is not a condition to this contract.) (a) The Buyer must be able to obtain a loan commitment on or before n/a , effective through the date of closing, for a O FI IA O VA (ottach FI IA/VA Financing Addendum) O Conventional O Other _n/a lotus at a O Fixcd Rote O Adjustable Rate O Other: ri/a in the principal amount of r?a for a term of rVa year(s), at an interest rate not to exceed a % per annum, with mortgage loan discount points not to exceed a % of the loan amount. Buyer agrees to use his best efforts to secure such commitment. Buyer shnll be responsible for all costs with respect to any loan obtained by Buyer, except if Seller is to pay any of the Buyer's loan closing costs including discount points, those costs arc as follows: 4& In the event Buyer fails to provide Scller with written evidence of the loan commitment within five days after receipt of a written request from Seller (but such request may not be made before the loan commitment date listed above), then Seller may terminate this contract unless Buyer waives the loan commitment condition. (b) Therc must be no restriction, casement, zoning or other governmental regulation that would prevent the reasonable usb of the real property for single taidly rteBickntial piurposes. (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 cnnccllation may be promptly obtained following closing. Seller shall remain obligated to obtain any such cancellations following closing. (c) 'title must be dcli%ercd 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 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 Properly must have legal access to a public right of way. 6. SPECIAL ASSESSMENTS: Seller warrants that there are no governmental special assessments, either pending or confirmed, for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no owners' association special assessments, except as follows: tare (Insert "None" or the identification of such assessments, if any.) Seller shall pay all confirmed owners' association assessments and all confirmed governmental assessments, if any, and Buyer shall lake title subject to all pending assessments, if any, unless otherwise agreed as follows: 7. PROBATIONS 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 properly 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 listing penalties, 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 $ ncm per tine 8. CLOSING EXPENSES: Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this agreement, and for excise lax (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 talk 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 deliver to Buyer as soon as reasonably possible after the acceptance of this offer, 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. 11. LABOR AND MATERIAL: Scller 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 due of closing have been paid for and agreeing to indemnify Buyer against all loss rrorn any cause or claim arising thacfrocn_ 1B rnts StiwWwd Form has barn NORTH CAROLINA BAR ASSOCIATION, INC. standard Form No. 2 1Q ,rA„o,. approval )otntty by tn.: NORTH CAROLINA ASSOCIATION OF REALTORS% INC. co%rtynt o aAe "'ash . i Z N m mcnm?N zpo J wLAL! r C .C z zz z a O Z N m r) ;T,0L--* -o 0 N L'i z W O?ONfU tRym © W• p J z r, N3 - 0 MO Cv C4mN NNLn WW OW N) z Z O 01 m U p OA N4! IDN JL, W O O 'U J A-W N N A -N m m J .p ,N v w " O ?? ? w? O N cn NO a w m m tp -- ED m m s 0 Ln'?;Np P N f f i• O f] N On ? z N N D m rn N, Z l i N J z to ON [7 3 Z N N N JO Ivy w m Mxl N D N M = p Z ? LJ W if w- y ? ? N . a ' z 00 pD ow N ? N r? N? U la 00. < 4 OW F O 2 ? 2 0/0D-i _ y 0- 0 a W N W n J ?z a o no 5w ?? z JO N IV - ?01 ? O eo z z W p w a 0 - Pi 0 W0? ? p - ?w m it o a "It 0 2 a IC 0 ^, N D 2 n e`a m z ? p m d ?z to m W AW 0 44 4. (n N W Jn m 0 N m ? 0 ^ 0 f m m to J0R ?3. N dj?6• LAI Y'PAO, T m 0% O N ao O f 5 09. 09' 56 E ?>u ?^ 5A* a rn ?' LP D 01 0 1< p 00 n p 9 N 0 O• a ?, -"? S ?V O.d 00 V (n -1 ;?F 9p oy. w X29. 4, a/. /Sog, t4?q z Cl) p,`t,-Y w d. /O Ss. a LA Z 0 .a mN I t?1 C3 C) O O N A i MAGNJTIC 1983 w, N CD ?1 I I ? z (1? W O m O 1" /,or i ?O z O O N N Q? ? S 86'38'19" E LOT 2??, 18,469 +/- . sq. ft CG 0.42 +/- acres END BULK HEAD I.1T - ?C 168.33' - 167.SO 10' DRAINAGE & UTILITY EASEMENT - - - - - - _ - _ - _ T 10' uwiMUM BUILDING LINE 0 O D Z rob WOO BULKHEAD r v C ? ? ? ?e pZtG Z INK O? • ?1 22' PWE TREE ley ?' 4f }f s? o 4f ` r F1NE TRH w? / ? GJ?y 20w 2D• rr+E Im ?oP tIaEE 18. 0, TREE ` . v Ua - .. - . • - . - - • - - .. 10 urnluu eLWLD1NG LINE -J. _. J X00 10' DRAINAGE ec UTIIJTY EASDAENT -- N d5'31'03" W - 145. 1 cr 0 O ri cn cD .rr U ?L?C This home, as shcr?``''^^ in the photograph. may dyer from the aural blueprints. For more detaAeNfom+arion• please check the floor plans carefufi ?q t. The Sater Design Collection Photo by Oscar Thompson patio 46'-0" x 81-0" X >at 17 - .gage y _ Z4-0r:28'-0" : sto ndbonas r - r ?t Y., t VK1 y. ?.y a x x >R n abundance of porches and a deck encourage year-round indoor-out- door relationships in this classic two-story home. The spacious living room, with its cozy fireplace, and the adjacent dining room both offer access to the screened porch/deck area. An efficient kitchen and nearby laun- dry room make chores easy. The private master suite offers access to the screened porch and leads into a relaxing master bath complete with a walk-in closet. Bedroom 2 shares the second floor with a full bath and a loft, which may be used as a third bedroom. 01 I Photo by Oscar Thompson '- . NO This home, as shown in the photograph, may differ from the anal blueprints. For more detailed information, please check the Poor plans carefully. down screened sundeck verandah is'-0^ x u'-o^ patio F30'-8^ x 8'-0" 46'-0" x 81-0" t f Sincerely, *nh E. Lawrence d r 613103 qvt't" 0-) ? I?I6 3 ??..? G eVA/ (1 III I V? April 25, 2003 Mr. Bob Zarzecki DWQ 401/Wetlands Certification Unit 1650 Mail Service Center Raleigh, N.C. 27699-1650 Re: "General" Major Variance Application Form Lot 2 Brandy Bay, Pamlico County, N.C. Mr. Zarzecki, Thank you for discussing Part 2 of this above referenced application form with me yesterday. Please let me know if additional information is needed in order for us to obtain this variance. I have provided the following documentation which you may find helpful: • Authorization To Use An Existing System (septic) • Survey of Lot 2 Brandy Bay prepared November 5, 1996. The only difference was the additional of a new dock constructed in the fall of 1999. • Permit from CAMA to construct the new dock (along with dimensions) dated August 5, 1999. • Preliminary opinion on title and a copy of the final title policy • Additional plot may showing minimum building lines and septic tank • Topo map showing relationship to surrounding lots • Vicinity Sketch • Directions to Brandy Bay Estates (map) • Copy of Offer to Purchase • Copy of section of lot survey with location of proposed house footprint • Copy of design and description of the house 0I Based on the description of the house, the overall area is 46' X 46'. However, the pilings for the outside porches are included in that 46' X 46' measurement. The actual foundation in depth is approximately 30'. The actual width remains at 46'. Since our lot is approximately 110' wide, you can see our hardship. If you need anything additionally, I can be reached during the working hrs of 8AM- 4PM (a), 919-852-8485 and at home afterwards @ 919-851-8048. When corresponding by mail, please direct to the following: ""' MDS1401 GROUF OATERQUALIIYSEC rioru Cynthia E. Lawrence or Ronald A Lawrence 4900 Fielding Drive Raleigh, N.C. 27606 1.1T o ?t ?r S 86'38'19" E ? - 167.5 10' DRAINAGE ec UTILITY EASEMENT c Cv _..-..-..-.._..._..-.._..-.._.._..-.. $ N ?- 10. 1t luum -BUILDING LINE o >_ p ; o c,r ?' WOOD BULKHEAD o -GZ7 Z ? . of -= - LOT ° x ;f c?? 18,469 K X ?. aE. 0.42 Y• ?? N 22' PINE TREE .." 4c 'D MtMs ? I I ?? 11 4 /N) ` P2'E tY J2 7 / /OP END BULK HEAD 20- 20' Pil$ TREE IS' Q TREE / Q z Q J It 10' UINIUUU SLOLDING LINE _ _i - v m 10' DRAINAGE do UTILITY EASEMENT yS> T m - N 85'31'03" W 145.87 168.33' OoF W Ar?R?? Michael G rleoy cvOm ?j 7F Wllllam G. Rose, Jr., Secretary > Department of Environment and Naturist Resources -i 0 Alan W. Klimek, PE, Director Division of Water Ouality May 22, 2003 DWO Project # 03-0548 Pamlico County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Ronald Allen and Cynthia Ennis Lawrence 4900 Fielding Drive nalelgh, NC 27606 Subject Property: Lot 2, Brandy Bay SD, Trawler Lane, Merritt, NC Ball Creek (Bay River) [03-04-13; 27-150-20; SA HOW (high quality) NSW (Nutrient Sensitive)] REQUEST FOR ADOMONAL INFORMATION Dear Mr. & Mrs. Lawrence: On May 5, 2003, the Division of Water Quality (DWO) Wetlands/401 Unit received your minor variance request dated April 25, 2003. The DWO has determined that your project is eligible for the use of the "General" Major Variance Front the Neuse and Tar-Pamlico Riparian Buffer Rules br residential structures on existing lots within the coastal counties as defined by the Coastal Area Management Act, Approved "12001. However, the DWQ needs additional information in order to complete the approval process of your variance. Therefore, unless additional Information is provided as described below. we will have to move toward denial of your request per 15A NCAC 26.0259(9) and will place this project on hold as Incomplete until we receive this additional information. Specifically. Additional Information: House Location Based on the plot plan provided with your application, it appears that the house could be relocated or otherwise reconfigured suoh that impacts to the buffers could be avoided or minimized. Please relocate or reconfigure the house to avoid or minimize the impacts or provide additional information as to why this is not practicable. Please note that clearing and revegetating the outer 20 feet of the protected 50-foot buffer if required for construction of the home Is an "exempt" activity. If you can relocate or otherwise reoonfigure your home in such a way that it is not situated within the protected 504oot buffer, then you may be able to avoid the requirement for obtaining authorization from the DWo. Please respond in writing within three weeks of the date of this letter by sending a copy of this information to me and Mr. Tom Steffens of the DWO Washington Regional Office at (252) 946-6481. If we do not hear from you in three weeks, we will assume that you no longer want to pursue this project and we wiR consider the project as withdrawn, Please Call Mr. Bob Zarzecki of this office at (919) 733-9726 if you have any questions. Sincerely, l 'John Domey, Wetlands 1401 Unit, DWQ cc: Tom Steffens, DWO Washington Regional Office Tracey Wheeler, DCM Morehead City District Office, File copy Centrai Piles 151-B Hwy. 24, Hestron Plaza 11, Morehead City, NC 28557 North Carolina Dlvlslon of Water Quality, 401 Wetlands Cerdflaadon Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd, Raleigh, NC 27604-2200 (LocAtion) 919-733.1786 (phone), 919-733-6893 (fax), httpJ/h2o_enr_state.nc.ushvmtlands/ TAT:d 9St7L2S86:01 268922)-616 SGNd_113M-0MU:W0NJ t7T:60 2002-8T-Nnr June 18, 2003 Mr. Bob Zarzecki DWQ 401/Wetlands Certification Unit 1650 Mail Service Center Raleigh, N.C. 27699-1650 Re: "General" Major Variance Application Form Lot 2 Brandy Bay, Pamlico County, N.C. Mr. Zarzecki, RDU? Jul- a'- 66,1 NATERQUAIITyS EcrI Sorry for any delay. We never received notification from the PO to pick up the certified mail. Based on the additional information you needed and my discussion with Mike today, I am providing the footprint of the house in the square on the survey which is enclosed. Earlier I provided the setbacks of 30' from the front (street side), 10' from the side lines, CAMA setback from the water of 40' and 5' setback from the existing septic system. That leaves us with the option we have provided to you on the map. This location is also the highest point on the lay of the land. The basic width of the lot is 111' (water side) with a maximum depth of 146' further hindered by the curve of the street and the 30' setback. Placing the footprint on the opposite side of the septic tank is prohibited even further and leaves no room to build based on the above stated setbacks. If I need to provide additional information, please be sure to contact us. We are very anxious to get this approval and move forward. Sincerely, 6 1 Cyn hia Lawrence CC: Tom Steffens Page 2 of 2 4. Protective Fencing The outside buffer boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange fabric fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer. This fencing shall be installed prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233. The protective fencing should be removed once construction is complete. If you do not accept any of the conditions of this approval, you may ask for and adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This approval and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer Protection Rules (15A NCAC 26 .0233 (9)(b)). Please call Mr. Bob Zarzecki at 919-733-9726 or Ms. Tom Steffens at 252-946-6481 if you have any questions or require copies of our rules or procedural materials. Sincerely, Kll? Klimek, P.E. r, DWQ Attachments: Coastal General Variance Certificate of Completion cc: Tom Steffens, DWQ Washington Regional Office DCM Morehead City District Office, 151-B Hwy. 24, Hestron Plaza Il, Morehead City, NC 28557 File copy Central Files DWO Project No. 03-0548 July 8, 2003 bz o?O? WA, ,Qc r Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources p Alan W. Klimek, PE, Director Division of Water Quality July 8, 2003 DWQ Project # 03-0548 Pamlico County Page 1 of 2 Ronald Allen and Cynthia Ennis Lawrence 4900 Fielding Drive Raleigh, NC 27606 Subject Property: Lot 2, Brandy Bay SD, Trawler Lane, Merritt, NC Ball Creek (Bay River) [03-04-13; 27-150-20; SA HQW (high quality) NSW (Nutrient Sensitive)] APPROVAL for the use of the "General" MAJOR VARIANCE; From the Neuse and Tar-Pamlico Riparian Buffer Rules for the Construction of Residential Structures on Existing Lots within the Coastal Counties as defined by the Coastal Area Management Act with ADDITIONAL CONDITIONS Dear Mr. & Mrs. Lawrence: You have our approval, in accordance with the conditions listed below, to impact approximately 300 square feet (ft2) of Zone 2 (only) of the protected riparian buffers for the purpose of constructing a single family residence on the subject property as described within your application dated April 25, 2003 including additional information provided on June 18, 2003. This letter shall act as your approval for the use of the "General" Major Variance; From the Neuse and Tar-Pamlico Riparian Buffer Rules for the Construction of Residential Structures on Existing Lots within the Coastal Counties as defined by the Coastal Area Management Act with ADDITIONAL CONDITIONS as approved by the Water Quality Committee (WQC) of the Environmental Management Commission (EMC) on May 10, 2001. In addition, you should get any other required federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control and CAMA permits. This approval shall expire when the variance expires on April 11, 2006 unless it is renewed before that time by the EMC. This approval is only valid for the purpose and design that you described in your variance request. If you change your project, you must notify us and you may be required to send us a new request for approval. If the property is sold, the new owner must be given a copy of this approval and is thereby responsible for complying with all conditions. For this approval to be valid, you must follow the conditions listed below. Conditions: 1. No Impacts to Zone 1 No impacts shall occur to Zone 1 of the protected riparian buffers (except for uses and activities designated as "exempt" within 15A NCAC 02B .0233), unless otherwise approved by the DWQ. 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 3. Diffuse Flow All new stormwater drainage shall be directed to vegetated areas as diffuse flow at non-erosive velocities prior to entering the protected riparian buffers as identified within 15A NCAC 2B.0233(5). No new ditching or piping of stormwater through the protected buffers is allowed. North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/