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HomeMy WebLinkAbout20221670 Ver 1_Determination Request_20221121Stream Origin/Buffer Applicability Determination Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Name: * Dubie and Lowell Is this a transportation project?* Yes No Is this request for a mitigation site?* Yes No What type of request is this?* Buffer Isolated Wetland Check all that apply. Owner Information Name on the Recorded Deed: * Responsible Party : Clifford D. Lowell IP Stream Determination Stream Thomas Dubie, Buyer via Diane M. Edwards, Agent, for both buyer & seller (for LLC, Corporations, businness, agency, etc.) Telephone Number: 2529450981 How would you like to received your determination?* USPS Email Email Address:* diane.edwards@coastalrivers.com Is there an agent or consultant responsible for the request? * Yes No Attach agent authorization letter:* Agent/Consultant Information How would you like to receive your determination letter?* Name of Agent: * Company Name:* Email Address:* Project Information 211 Dowry Creeek E info to DWQ and CAMA offer_to_purchase_and_contractvacant... PDF only USPS Email Diane M Edwards Coldwell Banker Coastal Rivers diane.edwards@coastalrivers.com 361.09KB Has anyone form DWR done a previous site visit?* Yes • No Other Date of Visit: Site Information Nearest Highway/Street: * Nearest Town:* Nearest Named Stream:* River Basin:* County: * Beaufort Dowry Creek East Belhaven No name Not Sure Please attach a map of the site indicating project boundaries on the USGS 1:24,000 Topo. Click the upload button or drag and drop files here to attach document 211 Dowry Creek E Lot 92 Belhaven NC CRS Data - Property Report for 419.6KB Parcel_Tax ID 7635271445 (1).pdf 211 Dowry Creek E Lot 92 Lowell CD County Tax Map Print 11212022 (1) 1.35MB (1).pdf Pdf file type only TOPO map look up: https://viewer.nationalmap.gov/basic/ Please attach a map of the site indicating project boundaries on the NRCS Soil Survey. Click the upload button or drag and drop files here to attach document 211 dowry creek east lot 92 at dowry creek county map.pdf Pdf file type only 1.37MB Soil Survey Link: https://www.nres.usda.gov/wps/portal/nres/surveylist/soils/survey/state/?stateld=NC Latitude and Longitude Please provide the Latitude and Longitude for physical location for the determination that. If you have a physical address you can look up the Latitude and Longitude by typing in an address or filling out the information manually. Choose below how you would like to provide this information. Address Lookup Manually Latitude: 35.531574°/-76.538933° Longitude: 35.531574°/-76.538933° Misc attachments: pdf or kmz file types only By digitally signing below, I certify that: a I have given true, accurate, and complete information on this form; a I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act") a I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); a I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND a I intend to electronically sign and submit the "Determination Request" form." Signature Date Submitted: Initial Review ..................................................... ID#* 20221670 Version* 1 Do you want to send for review? * • Yes No Select Reviewer: * Robert Tankard:eads\rbtankard Select Regional Office: * Washington Regional Office - (252) 946-6481 11 /21 /2022 DocuSign Envelope ID: 56F4EFA2-0760-470C-937C-57F56753383A (b) Property Investigation: Buyer or Buyer's agents or representatives, at Buyer's expense, shall be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of the Property as Buyer deems appropriate, including but NOT limited to the following: (i) Soil And Environmental: Reports to determine whether the soil is suitable for Buyer's intended use and whether there is any environmental contamination, law, rule or regulation that may prohibit, restrict or limit Buyer's intended use. (ii) Septic/Sewer System: Any applicable investigation(s) to determine: (1) the condition of an existing sewage system, (2) the costs and expenses to install a sewage system approved by an existing Improvement Permit, (3) the availability and expense to connect to a public or community sewer system, and/or (4) whether an Improvement Permit or written evaluation may be obtained from the County Health Department for a suitable ground absorption sewage system. (iii) Water: Any applicable investigation(s) to determine: (1) the condition of an existing private drinking water well, (2) the costs and expenses to install a private drinking water well approved by an existing Construction Permit, (3) the availability, costs and expenses to connect to a public or community water system, or a shared private well, and/or (4) whether a Construction Permit may be obtained from the County Health Department for a private drinking water well. (iv) Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation, Rules and Regulations, and other governing documents of any applicable owners' association and/or subdivision. If the Property is subject to regulation by an owners' association, it is recommended that Buyer review the completed Owners' Association And Addendum (Standard Form 2Al2-T) provided by Seller prior to signing this offer. It is also recommended that the Buyer determine if the owners' association or its management company charges fees for providing information required by Buyer's lender or confirming restrictive covenant compliance. (v) Appraisals: An appraisal of the Property. (vi) Survey: A survey to determine whether the property is suitable for Buyer's intended use and the location of easements, setbacks, property boundaries and other issues which may or may not constitute title defects. (vii)Zoning and Governmental Regulation: Investigation of current or proposed zoning or other governmental regulation that may affect Buyer's intended use of the Property, adjacent land uses, planned or proposed road construction, and school attendance zones. (viii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase flood insurance in order to obtain the Loan. (ix) Utilities and Access: Availability, quality, and obligations for maintenance of utilities including electric, gas, communication services, storm water management, and means of access to the Property and amenities. (x) Streets/Roads: Investigation of the status of the street/road upon which the Property fronts as well as any other street/road used to access the Property, including: (1) whether any street(s)/road(s) are public or private, (2) whether any street(s)/road(s) designated as public are accepted for maintenance by the State of NC or any municipality, or (3) if private or not accepted for public maintenance, the consequences and responsibility for maintenance and the existence, terms and funding of any maintenance agreements. NOTE: NC General Statutes Section 136-102.6(f) (the "Statute") requires that under circumstances described in the Statute, a buyer must be provided a subdivision streets disclosure statement prior to entering into an agreement to buy subdivided property described in the Statute. If Buyer or Seller are uncertain whether the sale of the Property described in this Contract is subject to the Statute, consult a NC real estate attorney. (xi) Special Assessments: Investigation of the existence of Special Assessments that may be under consideration by a governmental authority or an owners' association. (c) Sale/Lease of Existing Property: As noted in paragraph 3(b), this Contract is not conditioned upon the sale/lease or closing of other property owned by Buyer. Therefore, if Buyer must sell or lease other real property in order to qualify for a new loan or to otherwise complete the purchase of the Property, Buyer should seek to close on Buyer's other property prior to the end of the Due Diligence Period or be reasonably satisfied that closing on Buyer's other property will take place prior to the Settlement Date of this Contract. (d) Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the Property resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage caused by accepted practices applicable to any N.C. licensed professional performing reasonable appraisals, tests, surveys, examinations and inspections of the Property. This repair obligation shall survive any termination of this Contract. (e) Indemnity: Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and any termination hereof. Page 4 of 13 Ds Ds Lk� STANDARD FORM 12-T -�y / Revised 7/2022 Buyer initials � lip Seller initials (��� ©7/2022 Pro one WolfTransactions (zipl`orm 7uite 2200, Dallas, TX 75201 www.lwolf.com TOMAS DUBIE DocuSign Envelope ID: 56F4EFA2-0760-470C-937C-57F56753383A (b) Authorization to Disclose Information: Seller authorizes: (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys, and (3) the closing attorney to release and disclose any seller's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction, their real estate agent(s) and Buyer's lender(s). (c) Access to Property: Seller shall provide reasonable access to the Property through the earlier of Closing or possession by Buyer, including, but not limited to, allowing the Buyer and/or Buyer's agents or representatives an opportunity to (i) conduct Due Diligence, (ii) verify the satisfactory completion of negotiated repairs/improvements, and (iii) conduct a final walk-through inspection of the Property. Seller's obligation includes providing existing utilities operating at Seller's cost including any connections and dewinterizing. To the extent applicable, Seller shall also be responsible for timely clearing that portion of the Property required by the County to perform tests, inspections and/or evaluations to determine the suitability of the Property for a sewage system and/or private drinking water well. NOTE: See WARNING in paragraph 2 above for limitation on Buyer's right to terminate this Contract as a result of Buyer's continued investigation of the Property following the expiration of the Due Diligence Period. d) Removal of Seller's Property: Seller shall remove from the Property, by the date possession is delivered, (i) all personal property which is not a part of the purchase and (ii) unless otherwise agreed, all garbage and debris. (e) Affidavit and Indemnification Agreement: Seller shall furnish at Settlement an affidavit(s) and indemnification agreement(s) in form satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has performed or furnished labor, services, materials or rental equipment to the Property within 120 days prior to the date of Settlement and who may be entitled to claim a lien against the Property as described in N.C.G.S. §44A-8 verifying that each such person or entity has been paid in full and agreeing to indemnify Buyer, Buyer's lender(s) and Buyer's title insurer against all loss from any cause or claim arising there from. (f) Designation of Lien Agent, Payment and Satisfaction of Liens: If required by N.C.G.S. §44A-11.1, Seller shall have designated a Lien Agent, and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Lien Agent. All deeds of trust, deferred ad valorem taxes, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (g) Good Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property in recordable form no later than Settlement, which shall convey fee simple marketable and insurable title, without exception for mechanics' liens, and free of any other liens, encumbrances or defects, including those which would be revealed by a current and accurate survey of the Property, except: ad valorem taxes for the current year (prorated through the date of Settlement); utility easements and unviolated covenants, conditions or restrictions that do not materially affect the value of the Property; and such other liens, encumbrances or defects as may be assumed or specifically approved by Buyer in writing. The Property must have legal access to a public right of way. NOTE: Buyer's failure to conduct a survey or examine title of the Property prior to the expiration of the Due Diligence Period does not relieve the Seller of their obligation to deliver good title under this paragraph. NOTE: If any sale of the Property may be a "short sale," consideration should be given to attaching a Short Sale Addendum (Standard Form 2A14-T) as an addendum to this Contract. (h) Deed, Taxes, and Fees: Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this Contract, and for state and county excise taxes, and any deferred, discounted or rollback taxes, and local conveyance fees required by law. The deed is to be made to: TOMAS L. DUBIE TO BE VERIFIED BY CLOSING ATTORNEY (i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $ N/A toward any of Buyer's expenses associated with the purchase of the Property, at the discretion of Buyer and/or lender, if any, including any FHA/VA lender and inspection costs that Buyer is not permitted to pay. Page 7 of 13 os os os STANDARD FORM 12-T �y / ^ Revised 7/2022 Buyer initials I o Seller initials 1��� �J � ©7/2022 Prod —an. Wolf Transactions (zipForm 7 uite 2200, Dallas, TX 75201 www.lwolf.com TOMAS DUBIE DocuSign Envelope ID: 56F4EFA2-0760-470C-937C-57F56753383A THE NORTH CAROLINA ASSOCIATION OF REALTORS*), INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. This offer shall become a binding contract on the Effective Date. Unless specifically provided otherwise, Buyer's failure to timely deliver any fee, deposit or other payment provided for herein shall not prevent this offer from becoming a binding contract, provided that any such failure shall give Seller certain rights to terminate the contract as described herein or as otherwise permitted by law. 11/1/2022 Date: DocuSi ned b : 11/1/2022 Buyer A Date: Buyer Entity Buyer: N/A (Name of LLC/Corporation/Partnership/Trust/etc.) By: Name: N/A Title: Date: Print Name Date DocuSi ned by: Seller .� 1 h101l 11/1/2022 Date: DocuSi ned by: Seller wta Wanda J. Marsburn LDWO&F61DC1413452... Entity Seller: N/A (Name of LLC/Corporation/Partnership/Trust/etc.) By: Name: N/A Title: Date: WIRE FRAUD WARNING Print Name TO BUYERS: BEFORE SENDING ANY WIRE, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO VERIFY THE INSTRUCTIONS. IF YOU RECEIVE WIRING INSTRUCTIONS FOR A DIFFERENT BANK, BRANCH LOCATION, ACCOUNT NAME OR ACCOUNT NUMBER, THEY SHOULD BE PRESUMED FRAUDULENT. DO NOT SEND ANY FUNDS AND CONTACT THE CLOSING ATTORNEY'S OFFICE IMMEDIATELY. TO SELLERS: IF YOUR PROCEEDS WILL BE WIRED, IT IS RECOMMENDED THAT YOU PROVIDE WIRING INSTRUCTIONS AT CLOSING IN WRITING IN THE PRESENCE OF THE ATTORNEY. IF YOU ARE UNABLE TO ATTEND CLOSING, YOU MAY BE REQUIRED TO SEND AN ORIGINAL NOTARIZED DIRECTIVE TO THE CLOSING ATTORNEY'S OFFICE CONTAINING THE WIRING INSTRUCTIONS. THIS MAY BE SENT WITH THE DEED, LIEN WAIVER AND TAX FORMS IF THOSE DOCUMENTS ARE BEING PREPARED FOR YOU BY THE CLOSING ATTORNEY. AT A MINIMUM, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO PROVIDE THE WIRE INSTRUCTIONS. THE WIRE INSTRUCTIONS SHOULD BE VERIFIED OVER THE TELEPHONE VIA A CALL TO YOU INITIATED BY THE CLOSING ATTORNEY'S OFFICE TO ENSURE THAT THEY ARE NOT FROM A FRAUDULENT SOURCE. WHETHER YOU ARE A BUYER OR A SELLER, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE AT A NUMBER THAT IS INDEPENDENTLY OBTAINED. TO ENSURE THAT YOUR CONTACT IS LEGITIMATE, YOU SHOULD NOT RELY ON A PHONE NUMBER IN AN EMAIL FROM THE CLOSING ATTORNEY'S OFFICE, YOUR REAL ESTATE AGENT OR ANYONE ELSE. Page 11 of 13 Produced with Lone Wolf Transactions (zipFornn Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.conn STANDARD FORM 12-T Revised 7/2022 © 7/2022 TOMAS DUBIE 11 /14/22, 12:23 AM LS Tax Suite PaweKA"GM MM LOCATION Property Address Dowry Crk E NC Subdivision Dowry Creek Ph -I County Beaufort County, NC GENERAL PARCEL INFORMATION Parcel ID/Tax ID 7635271445 Alternate Parcel ID 19563 Account Number District/Ward 9 2020 Census Trct/Blk 9301.02/1 Assessor Roll Year 2020 CRS Data - Property Report for Parcel/Tax ID 7635271445 Monday, November 14, 2022 PROPERTY SUMMARY Property Type Land Use Improvement Type Square Feet CURRENT OWNER Name Lowell Clifton D Mailing Address 105 E Dowry Crk Belhaven, NC 27810-8958 SCHOOL ZONE INFORMATION Northeast Elementary School 9.6 mi Primary Middle: Pre K to 8 Distance Northside High School 10.8 mi High: 9 to 12 Distance SALES HISTORY THROUGH 10/21/2022 Date Amount Buyer/Owners Seller Instrument No. Parcels Book/Page Or Document# 2/28/2014 $9,000 Lowell Clifton D 1840/50 TAX ASSESSMENT Appraisal Amount Assessment Amount Appraisal Year 2021 Assessment Year 2021 Appraised Land $12,000 Assessed Land Appraised Improvements Assessed Improvements Total Tax Appraisal $12,000 Total Assessment $12,000 Exempt Amount Exempt Reason TAXES Tax Year City Taxes County Taxes Total Taxes 2021 $75.00 $85.92 2020 $76.20 $87.12 https://ncrmis.crsdata.com/mis/property/VQzJHa5Xl 74E2Z3Cgk17algWDSxUeX23KBRuVr6nBONoPn6zhR4Sjg2 1 /2 11/14/22, 12:23 AM CRS Data - Property Report for Parcel/Tax ID 7635271445 FORECLOSURE HISTORY No foreclosures were found for this parcel. PROPERTY CHARACTERISTICS: BUILDING No Buildings were found for this parcel. PROPERTY CHARACTERISTICS: EXTRA FEATURES No extra features were found for this parcel. PROPERTY CHARACTERISTICS: LOT Land Use Lot Dimensions Block/Lot Lot Square Feet 22,651 Latitude/Longitude 35.531574°/-76.538933° Acreage 0.52 PROPERTY CHARACTERISTICS: UTILITIES/AREA Gas Source Road Type Paved Electric Source Electric Topography Water Source Public Water District Trend Sewer Source Public Sewer Special School District 1 Zoning Code Special School District 2 Owner Type LEGAL DESCRIPTION Subdivision Dowry Creek Ph -I Plat Book/Page Block/Lot District/Ward 9 Description 1 Lot #92 Dowry Creek Phase 1 FEMA FLOOD ZONES FIRM Panel Eff. Zone Code Flood Risk BFE Description FIRM Panel ID Date AE High 5 Ft Areas subject to inundation by the 1-percent-annual-chance flood 3720762400K 06/19/2020 event determined by detailed methods. Base Flood Elevations (BFEs) are shown. Mandatory flood insurance purchase requirements and floodplain management standards apply. LISTING ARCHIVE Status Closing Listing Listing Buyer MLS # Status Change Date List Date List Price Closing Date Price Agent Broker Agent Buyer Broker Coldwell 100044293 Expired 01/04/2018 01/21/2017 $19,500 Andrea Heekin Banker Coastal Rivers Steve Oneal And 70032716 Expired 12/02/2016 12/02/2015 $29,900 Carawan Associates Real Estate 11005336 Cancelled 11/23/2011 12/14/2010 $46,000 James Wicker Wicker Properties 30454640 Expired 06/30/2013 09/01/2010 $46,000 James A Wicker Max Ess Essential Mary Lou Coldwell Mary Lou Coldwell 70022695 Sold 09/25/2009 01/17/2009 $8,000 09/25/2009 $5,500 Nixon Gri. Banker Nixon Gri. Towne Point Banker Towne Point Green Green Re Re © 2022 Courthouse Retrieval System, Inc. All Rights Reserved. Information Deemed Reliable But Not Guaranteed. https://ncrmis.crsdata.com/mis/property/VQzJHa5Xl 74E2Z3Cgk17algWDSxUeX23KBRuVr6nBONoPn6zhR4Sjg2 2/2 11 /14/22, 12:29 AM Print 02 FAA 30 m 100 ft r y k � J ` r ` .•fir 4 N Pft300m A' Beaufort Count NC GRIN REID1 NAME1: Disclaimer: Beaufort County online map access is provided as a NAME2: public service, as is, as available and without warranties, expressed ADDR1: or implied. Content published on this website is for informational ADDR2: purposes only, and is not intended to constitute a legal record nor CITY: should it be substituted for the advice or services of a licensed STATE: professional. Parcel map information is prepared for the inventory ZIP: of real property found within County jurisdiction and is compiled PROP_DESC: from recorded deeds, plats, and other public documents in LAND_VAL: accordance with N.C. Land Records Technical Specifications for BLDG_VAL: Base, Cadastral and Digital Mapping Systems. Users are hereby TOT_VAL: notified that the aforementioned public record sources should be DEFR_VAL: consulted for verification of information. With limited exception, TAXABLE_VAL: data available on this website originates from Beaufort County PREV-ASSES: Land Records GIS and is maintained for the internal use of the ACRES: County. The County of Beaufort and the Website Provider disclaim PROP-ADDR: all responsibility and legal liability for the content published on this TOWNSHIP: website. MBL: DATE: DB PG + Beaufort County Parcel Viewer STAMPS .n-.-: beaufortcountygis.com SALE -PRICE: Date Printed: 11/14/2022 7635-27-1445 19563 LOWELL CLIFTON D 105 DOWRY CREEK EAST BELHAVEN NC 27810 1 LOT #92 DOWRY CREEK PHASE 1 12000 0 12000 0 12000 60000 0.52 211 DOWRY CREEK EAST 09 76350OM60 2014-02-28 1840/00050 18.00 9000.00 apps.agdmaps.com/print/nc/beaufort/index.html?GPIN=7635-27-1445 1 /1 11 /21 /22, 8:56 AM Print 02 FAA 30 m 100 ft r y k � J ` r ` .•fir 4 N Pft300m A' Beaufort Count NC GRIN REID1 NAME1: Disclaimer: Beaufort County online map access is provided as a NAME2: public service, as is, as available and without warranties, expressed ADDR1: or implied. Content published on this website is for informational ADDR2: purposes only, and is not intended to constitute a legal record nor CITY: should it be substituted for the advice or services of a licensed STATE: professional. Parcel map information is prepared for the inventory ZIP: of real property found within County jurisdiction and is compiled PROP_DESC: from recorded deeds, plats, and other public documents in LAND_VAL: accordance with N.C. Land Records Technical Specifications for BLDG_VAL: Base, Cadastral and Digital Mapping Systems. Users are hereby TOT_VAL: notified that the aforementioned public record sources should be DEFR_VAL: consulted for verification of information. With limited exception, TAXABLE_VAL: data available on this website originates from Beaufort County PREV-ASSES: Land Records GIS and is maintained for the internal use of the ACRES: County. The County of Beaufort and the Website Provider disclaim PROP-ADDR: all responsibility and legal liability for the content published on this TOWNSHIP: website. MBL: DATE: DB PG + Beaufort County Parcel Viewer STAMPS .n-.-: beaufortcountygis.com SALE -PRICE: Date Printed: 11/21/2022 7635-27-1445 19563 LOWELL CLIFTON D 105 DOWRY CREEK EAST BELHAVEN NC 27810 1 LOT #92 DOWRY CREEK PHASE 1 12000 0 12000 0 12000 60000 0.52 211 DOWRY CREEK EAST 09 76350OM60 2014-02-28 1840/00050 18.00 9000.00 apps.agdmaps.com/print/nc/beaufort/index.html?GPIN=7635-27-1445 1 /1