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HomeMy WebLinkAbout20191654 Ver 1_CAMA Application_20191203DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Pierce Development, LLC for Oyster Pond Subdivision LOCATION OF PROJECT SITE: 11 N. New River Drive, adjacent to Stump Sound, in Surf City, Pender County. Photo Index - 2006: 28-6486, R-S, 17-18 State Plane Coordinates - Lat: 34' 36' 06.70" Long: 77° 31' S8.31" 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11/18/19 Was Applicant Present - No, agent S. PROCESSING PROCEDURE: Application Completed - 11/15/2019 Office - Wilmington 6. SITE DESCRIPTION: (A) (B) (C) (D) (E) Local Land Use Plan - Town of Surf City Land Classification From LUP - Developed AEC(s) Involved: ES, EW, PTA Water Dependent: Yes Intended Use: Residential/Commercial Wastewater Treatment: Existing - None Planned - Municipal sewer (F) Type of Structures: Existing - None Planned - Ten (10)-lot subdivision, access drive, retaining wall, infrastructure and community pier. (G) Estimated Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Coastal (B) Non -Vegetated Wetlands - Open Water 570 sq. ft. (incorporated) Grade 1.9 acres (C) Other - High ground (82,764 sq. ft.) (D) Total Area Disturbed: 83,334 sq. ft. (1.91 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant proposes to develop a ten -lot (10) residential subdivision to include: an access drive, utilities, units, infrastructure, retaining wall and community pier. Pierce Development, LLC Page Two 9. PROJECT DESCRIPTION: The project site is located at 11 North New River Drive (NC Hwy 210), adjacent to Stump Sound, in Surf City, Pender County. To get to the site from Wilmington take US Hwy 17 N to NC Hwy 210. Turn right onto NC Hwy 210 and continue to NC Hwy 50. Take a right onto NC Hwy 50. Travel across the swing bridge to NC Hwy 210. Take a left onto NC Hwy 210. Travel approximately one mile. The property is located on the left just past Egret Landing Subdivision. The property is adjacent to NC Hwy 210 on the east side and is adjacent to Stump Sound on the west. The property is adjacent to residential properties on the north and south sides. The property was previously a mobile home park. All the mobile homes have been removed and the property is currently vacant. The current elevation of the property ranges from 3' to 5' above mean sea level (MSL) and the property is approximately 2.8 acres. The high ground portion of the property is vegetated primarily with lawn grasses and Wax Myrtle (Myrica cerifera). There are coastal wetlands located on the waterward side of the site beginning approximately 310' waterward of NC HWY 210 and running the entire width of the property (approximately 334'). The coastal wetlands consist mainly of Cattail (Typha, spp.), Black Needlerush Uuncus roemarianus), Sea Lavender (Limonium, spp.), Salt Meadow Grass (Spartina patens), Salt Marsh Cordgrass (Spartina alterniflora) and Glasswort (Salicornia spp). The coastal wetlands vary in width from 60' to 110'. The normal high water (NHW) line is located along the waterward edge of the coastal wetlands. There are also "404" type wetlands on the property that border the upper reaches of the Coastal Wetlands. The applicant has provided a site plan that shows the location of the "404" with no anticipated impacts. The Town of Surf City Land Use Plan classifies the upland areas of this project as Developed. The waters of the project site are classified as SA by the NC Division of Water Quality. The NC Division of Marine Fisheries has designated this area of Stump Sound as a Primary Nursery Areaand the waters adjacent to the proposed project are Open to the harvesting of shellfish. The property has a history of State and Federal permitting, including a CAMA Major development permit (81-06) that was originally issued to Thomas Smith, and later transferred to Oyster Pond, LLC on July 17, 2007. CAMA permit 81-06 authorized construction of the Oyster Pond subdivision, and included construction of all associated roads and utilities. In addition, a high density State stormwater permit was issued for development on the property. That permit was issued on April 4, 2016, under permit number SW8060218. The US Army Corp of Engineers assigned the project COE Action ID No. 200600121 and the NC Division of Water Resources (formerly DWQ) a General Water Quality Certification No. 3400, under DWQ Project No. 060198). PROPOSED PROJECT The applicant is proposing to subdivide the 2.8-acre tract into a ten -lot (10) residential subdivision, to be known as "Oyster Pond". Proposed development would include the creation of an entrance drive (Pearl Way) and 7-head" access way (Strand Way). Additional development would include general grading and filling, as well as the construction of a retaining wall (located just landward of the upper "404" type wetland boundary), streets, sidewalks, dwellings, water supply lines, sewer lines, drainage and stormwater infrastructure and community access pier. Please refer to Sheet 2 of 3 of the application package for detailing information on the design and layout of the subdivision. Pierce Development, LLC Page Three Centrally located along the western shoreline, the applicant proposes to install a community access pier. The 6' x 95' access pier would split lots 4 and 5 and would run perpendicular to the shoreline. The pier would originate at the edge of the proposed retaining wall and would extend in a westerly direction, terminating approximately twelve (12) feet beyond (waterward) the outer edge of marsh. In this location, the width of water body measures approximately 48 feet, placing the end of the proposed pier at the 1/4 width of waterbody limitation. Water depths in the vicinity of the proposed pier average approximately 1.8 feet, at normal low water (NLW). As proposed, no portion of the subdivision, including but not limited to the dwellings, eaves, access roads, driveways, streets and/or sidewalks would impact any portion of coastal wetlands or "404" type wetlands, nor would it extend waterward of the 30' buffer. 10. ANTICIPATED IMPACTS: The initial grading and land clearing would result in the disturbance of approximately 1.9 acres of high ground. The proposed dwellings, drives, sideways and parkingareas would result in the creation of approximately 40,630 sq. ft. of impervious surface (33% of the entire tract). Total impervious surface coverage within the 75' Estuarine Shoreline AEC would be 4,657 sq. ft., or 12.5%. In addition, approximately 570 sq. ft. of Coastal Wetlands shading and/or open water would be incorporated as a result of the project. The applicant indicates both the Erosion Control and State Stormwater Mgt. plans will be updated and are currently in review for approval. Submitted by: Jason Dail Date: November 20, 2019 Office: Wilmington COASTAL PLANNING SERVICES, INC. Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Office 252.354.4916 Morehead City, NC 28557 Fax 252.247.5875 kbvinson@ec.rr.com Mobile 252.240.9297 November 13, 2019 Mr. Jason Dail NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 Re: Major CAMA Permit Application Pierce Development, LLC Oyster Pond Subdivision Dear Jason: Thank you for the call this morning regarding the major permit application submitted on behalf of Pierce Development, LLC for development of Oyster Pond Subdivision in Surf City, Pender County. Enclosed with this letter are 27 large -format copies of project plans submitted in support of the application. Also enclosed is check # 1263 in the amount of $400.00 written on the account of Coastal Planning Services, Inc. to cover the permit processing fee. Copies of the permit application and plans have been sent by certified mail, return receipt requested to adjacent riparian property owners Egret Landing Owners Association and Sawgrass Pointe, LLC. I will provide you with the green card receipts once they are returned by the Post Office. We appreciate your help and assistance with this project. Please call me at 252-240-9297 if you have questions or need additional information. I look forward to working with you on this project. Sincerely, Kathy B. Vinson, AICP Enclosures RECEIVED NOV 14 Z019 0CM WILMINGTON, NC Pierce Development, LLC Oyster Pond Subdivision Surf City, Pender County Project Narrative Introduction Pierce Development, LLC proposes to develop a 10-lot single-family subdivision at the site of a former mobile home park in Surf City, Pender County, North Carolina. The subdivision will provide a pier for pedestrian access to Stump Sound, roads, sidewalk, central water and sewer service, and stormwater management. The project proposal includes construction of 10 single family dwellings. The project site is currently owned by Joseph S. Breakey and Margaret Nicholson-Breakey. Pierce Development, LLC has a signed offer to purchase and contract with the owners for acquisition of the property and is the permit applicant. Major CAMA permit 81-06 was issued to Thomas Smith on May 10, 2006 for development of Oyster Pond Subdivision at the current project site. The permit was transferred to Oyster Pond, LLC on July 17, 2007 and has now expired. None of the work authorized by the permit has been performed. A High Density Subdivision Stormwater Management Permit, Erosion and Sedimentation Control Plan, NC Department of Transportation Driveway Permit and Encroachment Agreement, and Public Water Supply and Wastewater Collection System Extension Permits were also issued between 2005 and 2007 for the project. The US Army Corps of Engineers issued a Notification of Jurisdictional Determination for the site in 2005. All of the permits have now expired or must be modified due to changes in project plans. Subdivision approval from the Town of Surf City will also be required prior to construction. Site Description The 2.82 acre (122,927 square feet) project site is located at 11 North New River Drive in Surf City, Pender County. It is adjacent NC Highway 210 on the east and Stump Sound to the west, with residential properties located on the north and south sides. As noted, the property was Pierce Development, LLC Oyster Pond Subdivision RECEIVED November 11, 2019 Page 1 NOV 1 4 2019 DOM WILMINGTON, NC previously a mobile home park. All of the mobile homes were removed several years ago and the property is currently vacant. A tidal creek extending from Stump Sound runs through the western portion of the property. The shoreline along Normal High Water (NHW) measures 374' in length. The width of the creek measured from waterward extent of marsh to marsh (indicated as a "channel" on project plans) measures 46'. Coastal and non -coastal wetland vegetation extends along the western portion of the site adjacent the creek. A wetland evaluation of the site has been conducted by soil scientist Haywood Pittman and a request for a Jurisdictional Determination has been submitted to the US Army Corps of Engineers. The highground portion of the property is vegetated with wax myrtles and other shrubs and grasses. The approximate elevation of the track ranges from 3' to 5' above Normal High Water (NHW). Waters of Stump Sound at the project site are classified as SA and are open to the harvesting of shellfish. The NC Division of Marine Fisheries has designated this area of Stump Sound as a Primary Nursery Area. The 2006 Town of Surf City Land Use Plan classifies the upland areas of the project as Island Residential. The Town zones the property for Mixed Use (MU). Project engineers have initiated the subdivision review process with the Town and have modified project plans based on comments recently provided by the Technical Review Committee. The Town of Surf City provides municipal water and sewer service to the project area. There are no existing stormwater management or treatment systems at the site. Adjacent riparian property owners of the project site are Sawgrass Pointe, LLC and Egret Landing Owners Association. Project Description The project consists of subdivision of the property into 10 single-family residential lots, to be known as Oyster Pond Subdivision. A pier to provide pedestrian access to the tidal creek, as well as installation of a retaining wall, roads, sidewalk, stormwater management infrastructure, and utilities to serve the development are proposed. Authorization to construct 10 single-family dwellings is also requested under the major permit application. With the exception of the pedestrian pier, no construction is proposed within coastal or non -coastal wetland areas. Pierce Development, LLC Oyster Pond Subdivision November 11, 2019 RECEIVED Me 2 NOV 14 2M OCM WILMINGTON, NC The project will require grading and filling of the non -wetland portions of the site to elevate and level the high ground portion of the property and to allow the proposed high -density stormwater management system to function correctly. A retaining wall measuring 830' to be located along the north and south sides of the property and up to the non -coastal (404) wetland line on the western portion of the site will contain the fill material. The area to be filled is irregularly shaped. Average dimensions of the fill area are 294' from the highway to the retaining wall on the west, 270' in width and 4.5' deep. Ten residential single-family dwellings as shown on project plans are included in the project. Dwellings to be located on Lots 3 through 7 will be partially located within the Coastal Shoreline AEC. All of lots 1, 2, 8, 9, and 10 are located outside of the AEC. Project density is 3.9 residential units per acre. Two subdivision streets are proposed. Pearl Way will serve as the entrance to the subdivision via NC Highway 210 (North New River Drive) and will provide access to Lot 10. It will connect to Strand Way that will provide access to Lots 1 through 9, as shown on project plans. Pearl Way will be approximately 160' long and 20' wide. Strand Way will measure approximately 250' long by 20' wide. A 5' wide concrete walkway (sidewalk) in the public right-of-way along NC Hwy 210 is included on both sides of the subdivision roadway entrance at the request of the Town of Surf City. The section to the south measures approximately 108' in length, while the section to the north measures approximately 130'. The applicant proposes to construct a fixed pier to provide pedestrian access to Stump Sound for future residents of the subdivision. The pedestrian pier will measure 95' by 6'and will extend 11.5' into the tidal creek. Water depths at the waterward end of the structure measure -1.82' at Normal Low Water. No platforms, finger piers, or boat slips are proposed. The pedestrian pier will shade approximately 335 square feet (sf) of coastal wetlands and 137 sf of non -coastal wetlands. The municipal water system extension will be a 6" water main with approximately 486 linear feet servicing the 10 lots. One fire hydrant and two blow -off assemblies are included. The sewer system extension will be an 8" sewer main of approximately 404 linear feet to service the 10 lots. Five manholes are included. Approximately 1.9 acres will be disturbed during construction of the project. As previously noted, the project will require updated erosion control and stormwater management Pierce Development, LLC Oyster Pond Subdivision November 11, 2019 RECEIVED NOV 1 4.2019Page 3 DCM WILMINGTON, NC approvals. Submission of both applications to serve the high -density residential subdivision is pending. As shown on project plans, the percentage of the Coastal Shoreline AEC to be covered by impervious surfaces will be 12.5% or 4,657 sf. The percentage of the entire tract to be covered by impervious surfaces will be 33% or 40,630 sf. Surface runoff to Stump Sound will be limited to that in excess of the stormwater management permit volume which will be infiltrated onsite. Construction Methods A small bulldozer will be used to grade and fill low areas of the property. Sheet piles for the retaining wall will be installed by a trackhoe. Roads and sidewalk will be built using a bulldozer, dump truck, motor grader, and paver equipment. The pedestrian pier will be installed from high ground using portable equipment. Materials for construction of the pier will be transported across wetlands on foot. Installation of infrastructure will take place concurrent with road construction utilizing a bulldozer and backhoe. Dwellings will be constructed using traditional methods, including a small trackhoe for footing excavation, concrete/dump trucks, and traditional carpentry and construction equipment. Temporary erosion control devices, such as silt fences and temporary sediment traps and a gravel construction entrance, will be removed upon completion of work. Pierce Development, LLC RECEIVED Oyster Pond Subdivision November 11, 2019 NOV 1 4 2019 Page 4 DGM WILMINGTON, NC Size of Individual lots Oyster Pond Subdivision 11 North New River Drive Surf City, North Carolina Refer to Project Plans Sheet 2 of 3 Lot No. Size of Lot in Square Feet 1 6,412.28 2 5,443.34 3 19,300.57 4 15,784.89 5 14,619.23 6 15,376.58 7 15,446.45 8 5,644.14 9 5,782.20 10 7,647.74 RECEIVED NOV 14 �019 DCM WILMINGTON, NC Previous State and Federal Permits Oyster Pond Subdivision 11 North New River Drive Surf City, North Carolina 1. Major CAMA Permit #81-06 issued to Thomas Smith, c/o Colorado Coastal/Oyster Pond on 5/10/2006. Transferred to Oyster Pond, LLC on 7/17/2007 2. High Density Subdivision Stormwater Management Permit No. SW8 060218 Modification issued to Oyster Pond, LLC on 5/7/2007 3. Erosion and Sedimentation Control Plan Letter of Approval Pende-2006-375 issued to TRS Holdings, LLC, Thomas Smith, Owner on 5/3/2006 4. NC Department of Transportation (DOT) Driveway Permit #P-0834 issued to Thomas Smith on 8/2/2005 5. NC Department of Transportation (DOT) Encroachment Agreement Reference Number E-71-05- 042 between NCDOT, Thomas Smith, and Town of Surf City issued on 8/15/2005 6. NC Public Water Supply Oyster Pond, DEH Serial No. 0500 922 issued to Town of Surf City, J. Michael Moore, Town Manager on 6/17/2005 7. NC Dept. of Environment and Natural Resources, Division of Water Quality Wastewater Collection System Extension Permit No. WQ0028899 Modification for Municipal Sewer issued to Town of Surf City on 6/24/2005 8. U.S. Army Corps of Engineers Notification of Jurisdictional Determination Action ID 200600121 issued to Thomas Smith on 11/18/2005 RECEIVED NOV 14 V.019 OCM WILMINGTON, NC APPLICATION for major Development Permit (last revised 12127fe6) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimacyApplecantandownerinformation f �'"��' 3 Business Name Project Name (Napplicable) Pierce Development, Lic Oyster Pond Subdivision Applicant 1: First Name MI Last Name Jimmy A. Pierce Applicant 2: First Name Ml Last Name We n/a n/a If additional appBcanI4 pfaase attach an additional page(s) with names listed,. Matting Address PO lion City State 152 Great Oak Drive Na Hampstead NC ZIP Country Phone No, FAX No. 28443 USA 910-389-4139 ezt.Na Na- - Street Address (If dfBerent faun above) City State ZIP n/a Email BettyB@jlpnc.com 2. Agent/Contractor Information Business Name Coastal Planning Services, Inc. Agent/ Contractor 1: First Name MI Last Name - Kathy B. Vinson Agent/ Contractor 2: First Name MI Last Name Na Na Mailing Address PO. Box City State 827 Morehead City INC ZIP Phone No. 1 Phone No. 2 28657 252 - 240 - 9297 ext. Na 252 - 354 - 4916 exL Na FAX No. Contractor # 252 247 5875 Na Street Address (if dh7larent hom above) CRY Stets. ZIP Na Email kbvinsonQec.rr.com -- -- — RECEIVED <Form continues on back> Nov l 4 7019 252-809-2908 .. 11-888-41RCOAST .. www. neeoast almanagement. net Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit j ;Project Locatfoq County (can be multiple) Street Address State Rd. # Pender 11 North New River Drive Hwy 210 Subdivision Name CRY State zip _ Oyster Pond Surf City NC 28445 - Phone No. Lot No.(s) (d many, attach additional page with list) nla - ext. n1a, It. Name of body of water nearest to proposed project, a. In which NC river basin Is the project located? Cape Fear Stump Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site.. ®Natural ❑Manmade ❑Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Town of Surf City d Sito Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 373.56 122,927.24 c. Size of Individual lot(e) d. Approximate elevation of tract above NHW (normal high water) of, Average lot size is 11,146 at Please see attached list for NWL (normat water faven size of Individual lots., I 1 +3.0' -+5.0' NNHW or ❑NWL (If many lot sizes, please attach additional page with a list) e. Vegetation on tract Coastal and non -coastal wetland. vegetation, shrubs, and grasses. f. Man-made features and uses now on tract None (previously used as a mobile home park) g. Identify and describe the existing land uses adiacent to the proposed project site. Residential to the north and south. h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? Mixed Use (MU) (Attach zoning compliance certificate, if applicable) NYes []No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes . ®No k, Hasa professional archaeological assessment been done for fits tract? If yes, attach a copy. []Yes NNo ❑NA If yes, by whom? I. Is the proposed project located In a National Registered Historic District or does k Involve a []Yes NNo ❑NA National Register listed or eligible property? rN Gt/ L. r v r— <Form continues on next page> NOV 14 2019 252-808-2808 :: 1-888-4RCOAST :: www.neconstaimana8¢)i,#AVIlAWINGTON,NC Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit in. (I) Are there wetlands on the site? ®Yes []No (i) Are there coastal wetlands on the site? ®Yes ❑No (lii) It yes to either (i) or (I) above, has a delineation been conducted? RYes []No (Attach documentation, if available) n. Describe existing wastewatertreatmentfacilittes. None. Town of Surf City municipal sewer system provides service to project area. o, Describe existing drinking water supply source. -- --- None. Town of Surf City municipal water system provides service to project area. p. Describe existing storm water management or treatment systems. None 5�Ngtl yities and impacts a: Will the project be for commercial,. public, or private use? ❑Commercial ❑PublidGovemment OPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. 10-lot single-family residential subdivision with streets, sidewalk, water, sewer, and stormwater infrastructure. Pedestrian pier will provide water access for residents. c Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. A small bulldozer will be used to grade and fill low areas of the property. Sheet piles for retaining wall will be installed by a trackhoe. Roads and sidewalks will be built using a bulldozer, dump truck, motor grader, and paver equipment. Pedestrian pier will be installed from high ground using portable equipment. Installation of infrastructure will take place concurrent with road construction utilizing bulldozer and backhoe. Dwellings will be constructed using traditional methods, including use of a small trackhoe for footing excavation, concrete/dump trucks, and traditional carpentry equipment. Bulldozers, trackhoe,. dump truck, motor grader, paving, and other equipment will be stored on high ground. d. List all development activities you propose. Grade and fill for residential subdivision; construction of retaining wall, pedestrian pier, streets, sidewalks, and dwellings. Installation of water supply, sanitary sewer, drainage, and stormwater infrastructure. a.: Ara the proposed activities maintenance of an existing project, new work, or both? new Work I. What is the approximate total disturbed land area resulting from the proposed project? 1.9 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ❑No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Sheet flow runoff to Stump Sound I. Will wastewater or stormwater be discharged into a wetland? ry y /h 'e$C CSS ®Yes ❑No ❑NA 64 $-hot-m ujet4rr menal1emeoltper�n% f VA It, NIf If yes, will this discharged water be othhe same s inity as the receiving water? RNo RNA j: Is there any mitigation proposed? ❑Yes ®No ❑NA RECEI If yes, attach a mitigation proposal NOV I It 2019 ED 252.808-2808 :: f •888-4RCOAST :: www.nccoastalmanagemenl."IMM WILMINGTON, NC Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit <Form continues on back> 0,Additional Information Waddition to this completed application form, (MP-1) the following items below, if applicable, must,bo subrAted in anterior the appycallon paotege to be complete. Items (a) — (t)are always applicable to any major development opelkation.: Pleas§ consult the application frf>ytruptionbooidetonhow toproperty prepare the meuiradifem a, A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish between welt completed and proposed. G. A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other Instrument under which the applicant clams gale to the affected propartles. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mall. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. ' Name Sawgrass Pointe, LLC Phone Mo.i Address 718 Roland Avenue, Surf City; NC 28445 Name Egret Landing Owners Association Phone No. Address P.O. Box 2473, Wilmington, NC 28402 - Name Phone No. - Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates. Please see attached list - It. Signed consultant or agent authorization form, If applicable. 1. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront andinlet areas. (Must be signed byproperfy owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure - of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating Information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date ����0/ 9 Print Name _Kathy B. Vinson, agent Signature Please indicate application attachments pertaining to your proposed project. RECEIVED ®DCM MP-2 Excavation and Fill Information ODCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development EDDCM MP-4 Structures Information NOV 1 4,?01y 252-808.2808 :: 1.888-4RCOAST :: www,nccoastafmanagem aRT.'H V N, NC Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit RECEIVED NOV 1 4.2019 i UCM WILMINGTON, NC 252-808-2808 :: 1-888.4RCOAST :: www.necoastaimanagement.net Forth DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should he given in feet Access Other Channel Canal Boat Basin Boat Ram P Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length n/a n/a n1a Na n/a Na 830' • Width nis Na. n/a n1a n/a n/a 1. Avg. Existing Depth n/a Na n/a Na NA NA Na Final Project Depth n/a We Na n/a NA�NA Na T_ CJCGq Vq 1 lVIV 1 - t - ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (1) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (II) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a Location of disposal area. c. (I) Do you claim title to disposal area? ❑Yes []No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area induce any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? It any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None III) Describe the purpose of disposal in these areas: d. High -ground excavation in cubic yards. I b- Dimensions area. section not applicable d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (it) If yes, where? I. (i) Does the disposal induce any area in the water? []Yes []No ❑NA- 00 If yes, how much water area is affected? RECEIVED NOV 14 P019 DCM WILMINGTON NC Z52308.2808 :: 1.888-4RCOAST ;: wvnx.nccoastaimaaaaem nt et revised: 12/28106 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORE'LINE STABILIZATION NThIS section not appl cable (if devetopment is a wood groin, use MP-4 — Structures) t _ r i. Tvoe of shoreline stabilization: h Lenoir - ®Bulkhead ❑Riprap ❑BreakwatedSll ❑Other. _ Width: _ G. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: a. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap _ BreakwaterlSill Other_ L Source of fill material. I. (I) Has there been shomline erosion during preceding 12 months? []Yes ❑No ❑NA (it) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES El This section not applicable .(Excluding Shoreline Stabilization) a (i) Will fill material be brought to the site? NYes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW). If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (II) Amount of material to be placed in the water none other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (iii) Dimensions of fill area Irregular, average dimensions are ❑CW ❑SAV ❑SB 294' from highway to retaining wall at rear 276' wide x 4.5' OWL ONone deep (iv) Purpose of fill (ii) Describe the purpose of the fill in these areas: Elevate ground for subdivision development. n/a S. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Silt fence, temporary sediment traps & gravel constuction entrance. c. (I) Will navigational aids be required as a result of the project? []Yes NNo ❑NA (i) If yes, explain what type and how they will be implemented. n/a What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Dump trucks, bulldozer, compaction equipment. d. (1) Will wetlands be crossed in transporting equipment to project site? ®Yes ❑No ❑NA (it) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Materials and equipment for construction of pedestrian pier will be transported on foot. Dale Pierce Development, LLC --------- — Oyster Pond Subdivision. Applicant Name Project Name- APPIi nt Signat r — -- � ,I c;v) WILMINGTON, INC 252-808-2800 a 1.888-4RCOAST:: revised: 12120/06 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT tW a. Type and number of buildings, facilities, units or structures proposed. one retaining wall, ten (10) single-family dwellings, two streets, one concrete sidewalk c. Density (give the number of residential units and the. units per acre). 10 residential units, 3.9 units per acre e. if the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Dyes ®No ❑NA (ii) If yes, list the date submitted: pending g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 12.5% i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement building, rooftops, or to be used for vehicular driveways or parking. 33% j. Describe proposed method of sewage disposal. Town of Surf City municipal sewer I. Describe location and type of proposed discharges to waters of the state (e.g.. surface runoff, sanitary wastewater, industriall commercial effluent, awash down" and residential discharges). Surface runoff to Stump Sound will be limited to that in excess of stormwater management permit volume which will be infiltrated onsite. b. Number of lots of parcels. 10 d. Size of area to be graded, filled, or disturbed including roads, ditches, etc- 1-9 acres f. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. Asphalt, concrete, rooftops h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? []Yes ®No ❑NA (ii) If yes, list the date submitted: _rending k. Have the facilities described in Item (I) received state or local approval? ❑Yes ®No ❑NA If yes, attach appropriate documentation. M. Does the proposed project Include an innovative stonnwater design? ❑Yes ®No ❑NA Oyes, attach appropriate documentation, RECEIVED Nov 14 2019 Ot—I'VI MIt.MINGTON, NC 252�808.28082:: 1.8884RCOAST:: www_nX ccoa SAatm@gaggLnen3ngt revised: 12/26106 Forth DCM MP-3 (Upland Development, page 2 of 2) m. Describe proposed drinking water supply source (e-g., well, community, public system, etc.) Town of Surf City Water System o. When was the lolls) platted and recorded? Pending ii��/aal9 Date Oyster Pond Subdivision Project Name Pierce Development, LLC Applicant Name /} AppticantSig t re .,ar.nsr�.k�,w. _. �.. .•_::.r n. (i) Will water beimpounded? []Yes ®No []NA (ii) If yes, how many acres? n/a p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ®Yes ❑No ❑NA RECEIVED NOV 14 N19 i.)CM WILMINGTON, NG 252-808.2808:: 11-808.4RCOAST:: www_ncc_oustntmanaaemenf.ne(i revised: 12/26106 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental informaton 1. DOCKING FAGILITYWARINACNARAOTERISTICS prtrissectionodtapgficapla a. (i) Is the docking facility/marina: b. () Will the facility be open to the general public? ❑Commercial ❑PublictGovernment ®Private/Community Dyes NNb c. (1) Deckle) and/or pier(s) d. (i) Are Finger Piers included? []Yes ONO (i) Number 1 If yes: (iii) Length 95' 111) Number IN) Width 6' (iii) Length (v) Floating ❑Yes ONO IN) Width _ (v) Floating ❑Yes ONO e. (1) Are Platforms included? ❑Yes ONO f. (i) Are Boatlifts included? ❑Yes ONO If yes: If yes: (11) Number (ii) Number (iii) Length (iii) Length _ (iv) Width (iv) Width (v) Floating []Yes []No Note: Roofed areas am calculated from dripfine dimensions. g. (i) Number of slips proposed h. Check all the types, of services to be provided. none ❑ Full service, Including travel lift and/or rail, repair or (n) Number of slips existing maintenance. service none. ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: _ ❑ Dry storage; Dumber of heals: ❑ Boat ramp(s); number of boat ramps: _ N Other, pleas* describe: oedestrian access i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel NOpen water; no dredging required ❑Other; please describe: k Typical boat length: rda m. (i) Will the facility have tie pilings? ❑Yes ONO (it) If yes number of tie pilings? ). Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). n/a (i) Will the facilityry be open to the general public? ❑Yes ®No RECEIVED 252-808-2808:: 1.888-4RC0A8T - WWWmCcoastalmanagement.not NOV 14 2019 )CM WILMINGTON, NC revised: 12127/06 Form 0CM MP-4 ($tntetutes, Page 2 of 4) 2. DOGMNGFACILITYlMARINA,OPERATIONS �I � �i NThis sectlannatap�S� a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout Give. type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from (mats be controlled? e. (i) Give the location and number of "No Sewage Discharge signs proposed. (it) Give the location and number of "PumpoutAvatlable" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vesselmaintenance be disposed o% h. Give the number of channel markers and "No Wake" signs proposed. _ I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and five aboard dockage? k. Describe design measures that promote boat basin flushing? I; if this project is an expansion ofanexist{rig marina, what types of services are currently provided? rn. Is the marinafdocking facility proposed within a primary or secondary nursery area? oYes ❑No , NOV 14 Z019 252-808-2808 :: 1-088-4RCOAST :: vvww.nesoastalmanagement.net revised: 12127106 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marinaidocking facility proposed within or adjacent to any shellfish harvesting area? Dyes ONO o. Is the marinaidoddng facility proposed within or adjacent to coastal wetlandsmiarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. NCW 335 sf shaded ❑SAV ❑SB _ NWL 137 sf shaded []None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? []Yes NNo If yes, give the name and address of the leassholder(s), and give the proximity to the lease. a. (q Is the boathouse structure(s): []Commercial ❑Public(Govemment ❑Private/Community (ii). Number _ (in) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. Lei r a. (i) Number (ii) Length _ (HI) Width _ 5. BREAKWATER (e.g., wood, sheetpile, eta) (, ' ®This section not applicable a. Length b. Average distance from NHW, NAIL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS NThis section not applicable a. Is the stmcture(s): ❑Commercial ❑PubiidGovernment ❑Private/Community c Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if prosent e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, eta) 2S2-808.2808 n 1-888-4RCOAST r. www.nGaaastaimanagement.net RECEIVER v. NOV 14 2019 DCM WILMINGTON. NC revised: 12127ro6 Form DCM MP-4 (structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 109' to the west, 171' to the east Note: For btwy of mooring piliM use arc of swing including length of vessel. C. Width of water body 46' e. (i) Will navigational aids be required as a result of the project? I]Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. n/a 8. OTHER a. Give complete description: // -/Z/, Date Oyster Pond Subdivision Project Name - Pierce Development, LLC Applicant Name -_L� Apo, t re b. Proximity of stmctum(s) to adjacent docking facilities. 102' to the west, 554' to the east d. Water depth at waterward end of structure at NLW or NWL -1.82' NLW ®This section not applicable NOV 14 2019 DCM WILMINGTON, NC 251-Boa.280a :: 1.888.41iCOABT:: _ww .nccoast4tmanar>1Rmeqj.niat revised: 12/27/06 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Pierce Development, LLC C/o Jimmy Pierce 152 Great Oak Drive Hampstead, NC 28443 Dear Mr Pierce: NORTH CAROLINA £nvlronmenra/Quality November 20, 2019 The Division of Coastal Management hereby acknowledges receipt of your application requesting State approval for development of the subject property located at I I North New River Drive, in Surf City, Pender County. It was received as complete on November 15, 2019 and appears to be adequate for processing at this time. The projected deadline for making a decision is January 29, 2020. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from November 15, 2019, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. SincerelyOai'l LF on Field Representative cc: Gregg Bodnar, DCM Liz Hair, COE Robb Mairs, NCDWR Patti Arnold, Surf City Inspections MHC - Files Coastal Planning Services Inc. C/o Kathy Vinson, PO Box 827, Morehead City, NC 28557 cwm �DKQp rr�a6wvm+oiaaY, North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. NonhCarolina 28405 910.796.7215 0 NORTH CAROLINA Environmental Quu[iry November 25, 2019 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo: • Pierce Development, LLC / Pender County ROY COOPER covemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director. Division afCoasmlManagemem Hello Angie: Please publish the attached Notice in the Thursday, November 28, 2019 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer, (Customer No.70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: MHC file WiRO USACE ncerely, Tana . Pietila Permitting Support & Customer Assistance State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On November 15, 2019, Pierce Development, LLC proposed to develop a ten -lot (10) residential subdivision to include a residential pier, at 11 N. River Dr., adjacent to Stump Sound, in Surf City, Pender County. A copy of the application can be examined or copied at the office of Jason Dail, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7221) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to December 19, 2019 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. ScPkmbw lk 2019. To Whom It M" Couoemc .2 plp�D•�ft �c�o�a�t`&tt "m tlt Op Oddrm NhDwz ■bow K BOO km 9mbWoO& of O[Ed Hd41t0W .. ,jHI,R.�r+Jr: Abe. RECEIVED NOV 11 Z019 DCM WILMINGTON, NC 0 a O RECENED M A w Nov 2 2Ut9 DCM \NILMINGTON. NC $2.35 USPS.conig - USPS Tracking Results, Page 1 of 3 USP'S Tracking Me Track Another Package + Numbers 70170660000042721463 -3 Remove X We attempted to deliver your item at 2:54 pm on November 19, 2019 in HOLLY RIDGE, NC 28445 and a notice was left because an authorized recipient was not available. You may arrange redelivery by using the Schedule a Redelivery feature on this page or may pick up the item at; the Post Office indicated on the notice beginning November 20, 2019. If this item is unclaimed by December 1, 2019 then it will be returned to sender. m Delivery Attempt: Action Needed November 19, 2019 at 2:54 pin Notice Left (No Authorized Recipient Available) HOLLY RIDGE, NO 28445 Schedule Redelivery \/ Text & Email Updates Schedule Redelivery Tracking History RECENED November 19, 2019, 2:64 pm 2019 Notice Left (No Authorized Recipient Available) �' HOLLY RIDGE, NO 28445 a t��yGTON,No We attempted to deliver your item at 2:54 pm on November 19, 2017�iFC*H6L'Y RIDGE, NC u v n M https://tools.usps.com/go/TtackConfirmActton?qtc_tLabels 1=70170660000042721463 11/27/2019 USPS.00mg - USPS Tracking® Results Page 2 of 3 28445 and a notice was leftbecause an authorized recipient was not available. You may arrange redelivery by using the Schedule a Redelivery feature on this page or may pick up the item at the Post Office indicated on the notice beginning November 20, 2019. If this item Is unclaimed by December 1, 2019 then it will be returned to sender. November 16, 2019, 2:18 prn Notice Left (No Authorized Recipient Available) HOLLY RIDGE, NC 28445 November 16, 2019, 7:10 am Out for Delivery HOLLY RIDGE, NC 28445 November 16, 2019, 6:16 am Arrived at Unit HOLLY RIDGE, NC 28445 November 15, 2019, 0:30 pm Departed USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX November 15, 2019, 2:16 am Arrived at USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX November 14, 2019 In Transit to Next Facility November 13, 2019, 6:46 pm Departed Post Office MOREHEAD CITY, NC28557 November 13, 2019, 4:43 pm USPS in possession of item MOREHEAD CITY, NC 28557 RECEIVED NOV 2 7 2019 DCM WILMINGTON, NC v https://tools.usps.com/goMackConfirmAction?gtc_tLabels 1=70170660000042721463 11 /27/2019 Dopu ion Envobpe MI. 43792FG7-IO 40-IA-ee,a-nta7cenxtAE 01FIRM TO FOROWE :A" CONTRACT - YACAW LOTH ANA • _., t(a3nsult sCiudelin" (gym t2(t) for guidance rn completbag this form] subdivid& It; should not be used to sell property 4101 is being subdivided tmlo&S Urefw§o and Contract (Form 2-1) with 6314ew Coi acceptance agrees to sell and 04FOY the Property on. the terms and copditions of this Offer To Purchase and Contract and ,any oddendmn or modification made, inaccordancemidtits terms (together the "Conroe),. - 1, . T)&V M$-AND 6EFINJTlONS% The. terms fisted below shall have the respective meanlog given,theaa as set forth adjaeent to each term, (a� "Seller": Jau!�Ph 8�r Bre;akO'y, Ma A'ret A. Breakerl (b) "Bnyee; P'i,arpa Davejgj�m"t , sand/ar Ass>,gna (c) "Property": Tne.Ptd rty baU Include ail that teal estate descrlbedircfow'together with all appurtenances thereto ineludigg the (ivlobilqHume provtslon,in the. Additional Provisions:Addendum (Standard Form 2A t I-T) wilh this offer. Street, ; ':CNorth thew Aivor nr3,ve City: sur$ city'' Zip! 29445 Coup P499 dr North Comfinn: NOTL+:`' ev m3tietnGd authority aver-rdsies %oiling, school districts atrlhles and maii delivery differ from addmss shown: regal Description: (Complete.AU applicable) P1atReferenee: LotiUttlt 2 Block/Section Subdivisioo/Coadominium as shown on PlatEook/Sllde. 3 at l"age(s) 65 The PIN/,PID or other identification number, of the Property is: 4245-22-2615-0090 tlthP+dPficn`Mnn•'TYdet ':2 PB V69 'oostar Pond Tract Some or all of the Property maybe despitieddn Deed Book 3401 at page', 137 . (d) "Purchase Price": $ 700 , 000.00 paid in US, Dollars upon the following terms: S n/a BY DUE DILIGENCE FEE made Payable aaddeliveredto_Seiler bythe Eftbc0crDate. $ n/a BY INITIAL EARNEST ,MONEY'' DEPOSIT made payable and delivered to Escrow Agent named in Paragraph I(t) by ❑ cash ❑ personal check Q official >eck . fit. wire transfer, ❑ electronic transfer, EITHER (] with this offer Ok Q within rive <S�.days of the,Effeetivc Date of this Contract; $ n/a BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph l(l) by cash, official bank check, wire transfer or electronic transfer no later than 5 p.m. om MEBERWOFi'MEL' ENM $ n/a BY.ASSUI&TION of the unpaid principal balance and all obligations of Seller on the Osssting loan(s) secured by a deed of trust on the Property in accordance with the, attached Loan,Assumption Addendum (Standard Form 2A6-T), 300, 000.00 BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5•T). S 400,000.00 BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of anew loan). RECEIVED n£®This form Jointly approved by: Page I of 11 _ STANDARD FORM 12-T North Carolina Bar Assoclatlon N 2019 Revised 7l2018 ® North Carol ociatiom of BEAT TORS, Inc. os os rrAit - C�9 7/2018 Buyer initials Jae Seller initials a J WILMINGTOMNC.,,; Gnnd*p.k SaAdY�rw'IRdry.72os n eAvepuew+�nH!an NC 2t403 ll70 F= IINWbKM RiM Nikkitmd " ProCuoeAwflH�JPFMeb Wzpl'egk"1807U FiRaen MW Roatl,'. Fracn,MkMga, 4Bg29 000 Sinrr Envakpe Ipr 43, W67-I8W 4p7A-6E1&A25W =71AE .. Should &Wer fail to deliver eltber the Due Diligence Fee or, aqy Initial Earnest bipney Deposit by''their due. dates, or should any check Or other funds paid by Buyer he dishonored, for any reason, by the institution upon which the payment is: drawn, Buyer shall have One (1), banking day after"written notice to deliver cash, officiat bank check, wire transfer or electronic transfer to the payee, in the event Buyer does not tiolely deliver the required funds, Sellhall er shave the right to terminate this Contract upon written notice o tBuyer, (e) "Earnest Money Deposit". The Initial Earnost Money Deposit' the Additional Earnest Money Deposit aid say Other tamest andDoualald in Prrow bed to be paid in connection with this transaction, collectively the "h'amest Money Deposit", shall be deposited and held in canon by Escrow Agent until Closing, at which time it wt71 be credited to -'Buyer, or antll this Contract is otherwise terminM006 De o the event: (1) this oto Bu not accepted; or (2) a condition of any resulting contract is not satisfied; then tho Earnest Money Deposit Shall be refimded to Buyer. In the event of breach of this Contract by Setter, the<Earnest Money Deposit shall be refunded to Bayer upon Buyer's request' f)k but such return shall not act any other remedies available to Buyer for such breach In the event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller, as lfWidated damages and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights tinder Paragraphs 2(c) and 2(4) for damage t0 the Property or Seller's right to retain theDueDiligence Fee. Ft admowledged by dle`parties that payment of the Eaatest Money Deposit to Seller in the event of a breach of this: Contract by Buyer is compensatory and not punitive, such amount tieing n reasonable estimation of the aeltat lass that Seller would incur as a result of such breach. The payment of the Eames, Money Deposit tt? Salter shall dot constitute a penalty or forfeiture bit actual compensation for Sellerrs anticipated loss, both parties acknowledging the ditHcuulty detetntlting 86fter's actual damages for such breach. if legal proceedings are brought by Buyer. or Seller against the other to recover the Earnest Money Deposit' the prevailing party in the proceeding shall be entitled to'recover from the non -prevailing party reasonable attorney fbes and court.costs incurred in connection with the proceeding. • . �• " —1� k,« wtwecn. aeuer ana Buyer over the disposition of the Earnest Money Deposit held in escrow, a licensed real estate broker ("Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain the Earnest Money Deposit in the Escrow Agent's trust or escrow account Until Escrow Agent has obtained a written release from the, parties consenting to its disposit on or until dISbutsementis ordered by a court of competent jurisdiction. Alternatively, if a Broker or an attorney licensed to practice law in North Carolina ("AtthMA1 1 to hMAt , .tie v e .AL-_ ._ TtM bAD.'.do A-n.i .....e I— . war�ao. na vi M&Vc rax ixAUVINU AS ESCROW AGENT MAY PLACE THE EARNEST MONEY DEPOSIT IN AN INTEREST BEARINQ TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF TfM EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (g) "Effective Date": The date that: (1) the last one of Buyer and Seller has signed or initialed thisoffer or the final counteroffer, if say, and (2) such signing or initialing is communicated to the party making the offer or counteroffer; as the case may be. The parties acknowledge and agree that the initials lines at the bottom of each page of this Contract are merely evidence of their having reviewed the terms of each page, and that the complete execution of such initials lines shalt not be a condition ofthe effectiveness of this Agreement, (h) "Due Diligence": Buyer's opportunity to investigate the Property and the transaction contemplated by this Contract, including but act necessarily limited to the matters described in Paragraph proceed with or terminate the transaction. below, to decide whether Buyer, in Buyer's sole discretion will (i) "Due Diligence Fee": A negotiated amount, if any, paid by Buyer to Seller with this Contract for Buyer's right to terminate the Contract for any reason or no reason during the Due Diligence Period. It shall be the property of Seller upon the Elective Date and shall be. a credit to Buyer at Closing. The Due Diligence Fee shall be non-refundable except In the event of a material breach of this Contract by Seller, or if this Contract is terminated under Paragraph 6(n) or Paragraph 9, or as otherwise provided in any addendum hereto. Buyer and Seiler each expressly waive any right that they may have to deny the right to conduct Due Diligence or to assert any defense as to the enforceability of this Contract based on the absence or alleged insufficiency of any Due. Diligence Fee,, it being the intent of the parties to create at legally binding contract for the purchase and sale of the Property without regard to the existence or amount of any Due Diligence Fee. (1) "Due Diligence Period": The period on the Effective,.,Dnfa„snd ending. through 5:00 p.m. on g Fi?--a E.BEINGO.FTHE ESSENGL? Page 2ofII NOV 11 2019 ra L Buyer initials Seller initials D "(!tNGTON, PmJvwd win apKw�bY+m` r.og': 18070 Fdieew FYde Hoed. Fnsw, Afkhgan 49D2B-wws+:.a,,,.x. STANDARD FORM124 NC Revised 712018 7/2018 ll No"h New DocuSign Envelope ID: 43792F67-1B89-4B7A-8EIB-A2647C9D71AE (k) "Settlement": The proper execution and delivery to the closing attorney of all documents necessary to complete the transaction contemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyance documents, and the closing attorney's receipt of all funds necessary to complete such transaction. (1) "Settlement Date": The parties agree that Settlement will take place on or before nennrrhis.2oi 9 (the "Settlement Date"), unless otherwise agreed in writing, at a time and place designated by Buyer. (m) "Closing": The completion of the legal process which results in the transfer of tide to the Property from Seiler to Buyer, which includes the following steps: (1) the Settlement (defined above); (2) the completion of a satisfactory title update to the Property following the Settlement; (3) the closing attorney's receipt of authorization to disburse all necessary funds; and (4) recordation in the appropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon as reasonably possible for the closing attorney after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the closing attorney in accordance with the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. If the title update should reveal unexpected liens, encumbrances or other title defects, or if the closing attorney is not authorized to disburse all necessary funds, then the Closing shall be suspended and the Settlement deemed delayed under Paragraph 10 (Delay in Settlement(Clasine). WARNING: The North Carolina State Bar has determined that the performance of most acts and services required for a closing constitutes the practice of law and must be performed only by an attorney licensed to practice law in North. Carolina. State law prohibits unlicensed individuals or firms from rendering legal services or advice. Although non -attorney settb:ment agents may perform limited services in connection with a closing, they may not perform all the acts and services required to complete a closing. A closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of the North Carolina Bar Association and the North Carolina Association of REALTORS® that all buyers should hire an attorney licensed in North Carolina to perform a closing. kilt opeciai e.ssessments": a cnarge against the Property by a governmental authority in addition toad valorem taxes and recurring governmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment (dues), either of which may be a lien against the Property, A Special Assessment may be either proposed or confirmed. "Proposed Special Assessment": A Special Assessment that is under formal consideration but which has not been approved prior to Settlement. t°Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether payable in a lump sum or future installments. NOTE: Any Proposed and Confirmed Special Assessments must be identified by Seller in paragraph 5(b), and Buyer's and Seller's respective responsibilities for Proposed and Confirmed Special Assessments are addressed in paragraphs 4(a) and 6(k). 2. BUYER'S DUE DEIAGENCE PROCESS: WARNING: BUYER IS STRONGLY ENCOURAGED TO CONDUCT DUE DILIGENCE DURING THE DUE DILIGENCE PERIOD. If Buyer is not satisfied with the results or progress of Buyer's Due Diligence, Buyer should terminate this Contract, prior to the expiration of the Due Diligence Period, unless Buyer can obtain a written extension from Seller. SELLER IS NOT OBLIGATED TO GRANT AN EXTENSION. Although Buyer may continue to investigate the Property following the expiration of the Due Diligence Period, Buyer's failure to deliver a Termination Notice to Seller prior to the expiration of the Due Diligence Period will constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyer's Due Diligence. Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Seller fails to materially comply with any of Seller's obligations under paragraph 6 of this Contract or for any other reason permitted under the terms of this Contract or North Carolina law. tal roan: Buyer, at Buyer's expense, shalt be entitled to pursue qualification for and approval of the Loan if any. NOTE,: Buyer's obligation to purchase the Property is not contingent on obtaining a Loan. Therefore, Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the Irdnsactiou. (b) Property Investigation: Buyer or Buyer's agents or representatives, at Buyer's, be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of the Prope, as s appropriate, including but NOT limited to the following: Page 3 of I I NOV I T ZC))q Ds Ds Ds LMINGTON STANDARD FORM 12-T i GMtQj�Revised7/2018 Buyer initials �QP Seller initials , NO ® 7/2018 ProUuced wi ZipFm O by apLegu 18070 FAI a Mlle Road, Fina , Mi jqw ra= Xw,y.zler,_„"v.mrn.� I t North New DOWSVn Emre"m ID: QMFa7-18WA117"E1B-A2G.AC4D7t AE (i) $oil And Environmental: Reports to determine whether the soil is suitable for Buyers intended use and whether there is a4Y elavironuienutl wow an lop, law, rule or regulation that may prohibit, restrict or ihaitSuyees imeaded use. (ii) Sepdc/Sewer System. Arty applicable ipvesdgadon(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 sue expense to' connect; to a public or community sewer system, and/or (4) whether an Improvement Permit or written evaluation may be obtakafrom the County Realth Department for a suitable ground absorption sewage system. (lit) Water: Any applicable investigation(s) to determiner (I) 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 publie.or community water system, or a shared private well, and/or (4) whether a Ctmsuuctinn 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 reviewthe completed Owners' Associatioa And Addendum (Standard Form 2A)2-1) 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 leader or confirming restrictive covenant compliance (v) Appraisals' An opimusat ofthe Property. (vi) Survey: A survey to determine whether the property is suitable for Buyer's intended use and the location of casements, 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 govemmeatal,regulation that may affect Buyer's intended use of the Property, adjacent Ind uses, planned or proposed road construction, and school attendance zones. (vM) 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 Accost: Availability, quality, and obligations for maintenance of utilities including electric, gas, communication services, stormwatcr 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 streetlroad used to access the Property, including. (1) whether any stteet(s)kned(s) are public or private, (2) whether any street(s)(road(s) designated as public are accepted for maintenance by 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 ments. NOTE: NC General Statutes Section 136.10.6(f) {tine "Statute') requires that under circumstances described in]lyn Statute, a buyer must be provided a subdivision streets disclosure statement prior to entering into an agreement to b subdivided property described in the Statute. If Buyer or Seller are uncertain whether the sale of the Property described (c) Buyer's Obligation to Repair Damage: Buyer sball, 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 shill not be responsible for any damage caused by accepted practices applicable to any N.C. licemcci professional performing reasonable appraisals, tests, surveys, examioations and inspections of the Property. This repair obligation shall survive any termination of this Contract. (d) Indemnity: Buyer will indemnify and hold Seller harmless from. all toss, 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 wHWW acts or omissions. Ibis indemnity shall survive this Contract and any termination hereof. (e) Buyer's Right to Terminate: Buyer shall have the right to terminate this Contract for say reason or no reason, by delivering to Seller written notice of termination (the "Termination Notice") during the Due Diligence Period (or any agreed -upon written extension of the Due. Diligence Period), TIME BEING OF THE ESSENCE, If Buyer timely delivers the Termination Notice, this Contract shalt be terminated and the Earnest Money Deposit shall be refunded to Buyer. ��/ (1) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN I�1f STING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 3. BUYERREPRESENTATIONS. NOV 1 1 2019 (a) Loan: Buyer Q does IM does not intend to obtain anew loan in order to purchase the Property. If Buyer is obtaining anew loan, Buyer intends to obtain a loan as follows: ❑ Conventional ❑ Other C2Chs Wlt ',AINQTON NC loan at a os Page 4 ofAl os STANDARD FORM.12-T ap ,2 e.a Revised7/2018 Buyer initials �ur Seller initials y r`s'u 0712018 Pmd, dmThx¢Fa bY-IPLP9u OMFMt MMRPed FMm .Mkhiy 40= yY,y..an+t...h ..,.,. - It.NoAhWaw Ycat(s)1 at DocuSign FjWetop01D::43792F87-i8119- .M-8f_i8•AP547:&D71AE" El Fixed Rate CJ Adjustable. Rate in the principal amountof fora term of an initial interest rate not to exceed "/o per aanum (the "Loan"). (b) vtber Property: Buyer ❑ does: 0 does, not have to sell or lease other real property in order to qualify for a new, loan or to complete purchase; NOTE: If Buyer does have to sell, Buyer and Seller should consider including a Contingent Sale Addendum (Standard Form 2A2- T) with * offer, (0) Perforraanee Of Buyer's `Plinancial Obligations: To the best of Buyers knowledge, there ore no other circumstances or conditions existing as of the date of this offer that would.prohibitBuyer from performing Buyers financial obligations in accordance with this Contract, except as may be specifically set forth herein. 4. BUY) WORLIGATIONSt (a) Responsibility for Proposed Special Assessments: Buyer'sliall uiketitlosubject to all Proposed Special Assessments. (b) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to: (i) any loan obtained by Buyer incltding charges by an owners association and/or management company as agent of an owners' association for providing information required by Buyer's lender; (it) charges required by an owners' association declaration to be paid by Buyer for Buyer's future use and enjoyment of the Property, including, without limitation, working capital contributions,. membership fees, or charges for Buyer's use of the common elements and/or services provided to Buyer, such as "move -in fees"; (W) determining restrictive covenant compliance; (tv) appraisal; (v) title search; (vi) title insurance; (vii) any fees charged by the closing attorney for the preparation of the Closing Disclosure, Seller Disclosure and any other settlement statement; (vW) recording the deed; and (ix) prepaid[ion and recording of all instruments required to secure the balance of the Purchase Price unpaid at Settlement. (c) Authorization to Disclose Information: Buyer authorizes the Buyer's leuder(s), the parties' real estate agent(s) and closing attorney: (1) to provide this Contract to any "appraiser employed by Buyer or by Buyer's lender(s); and (2) to release and disclose any buyer's closing diselosmc, 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). 5. SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seller ® has owned the Property for at least one year, has owned the Property for less'thanone year. ❑ does not yet own the Property., (b) Assessments: To the best of Settees knowledge there 0 are ® are not any Proposed Special Assessments. If any Proposed Special Assessments, identify: Seller warrants that there ❑ are M are not any Confirmed Special Assessments. If any Confirmed Special Assessments, identify: NOTE Buyer's and Seller's respective responsibilities for Proposed and Coafirmed Special Assessments are addressed in paragraphs 4(a) and 60i). te) vwners- ^ssoclation(s) aaa Dues: '1'0 best of Settees knowledge, ownership of the Property :.l] subjects 0 does riot subject Buyer to regulation. by one or more owners' association(s) and governing documents, which impose various mandatory covenants, conditions and restrictions upon the Property and Buyer's enjoyment thereof inchalm$�}' (�� to obligations to pay regular assessments (dues) and Special Assessments. If there is an owners' association, th8 wine Association Disclosure and os Page 5 of 11 NOV 11 Z0i9 STANDARD FORM 12-T Jae Ao9 Buyer initials Jar Seller initials 9SP! Revised 7/2018 MintrrON NC a7/2o1s Prakartl-M VPFm QD W iPl oga 1907e R tm Mre Roan, Frq . M h1gm 46M spy ypl oqg I I North Now -Q=AaM aW610pe10:437WF67i0004e7AQr;10-M547c9D'j1At•. Addendum For Properties Exempt from Resideudal Property Disclosure Statement (Standard Form 2Al2-T)'sW be completed by Seller, at Seller's expense; and must be attached as an addendum to this Contract. (d) Sewage System Permit: (❑ Applicable M Not Applicable) Seller warrants that; the sewage system dtscribed: fn the TmprovroreaCPetmitnttached hereto has been Inshtlled which representation survives Closing as to the system.. but makes no father representations (e) Private Drinking water Well Permit: ( E3 Applicable 0 Not Applicable) Seller warrants that a private drinking water well has been installed which,ropresenta60n survives Closing but makes no further repr�tactons as to the well. (If well installed after July 1, 2008, attach. improvement Permit hereto 6. SELLER OBLIGATIONS: (a) Evidence of Title, Payoff St stewent(s) and Non Foreign Status: (i) Seller agrees to use best eftbrts to provide to the closing attorney as soon as reasonably possible after the Effective Date, copies of all title information in Possession of or available: to Seiler,. including but not limited to: title insurance policies, attorneys opinions on title, surveys, covenants, deeds, notes and heeds of trust, leases,.and easements relating to the Property. (") Seller shall Provide to the closing attorney all information heeded to obtain, a written payoff statement from any lenders) regarding any security interest in the Property as soon as reasonably possible after the Et%ctive Date, and Setter designates the closing attorney as Seller's agent with express, authority to request and obtain on Setter's behalf payoff statements and/or shortxpay statements from any such Iender(s) (ill) if Setter is not a foreiga person as defined by the Foreign Investment in Real Property Tau Act, Seller shall also provide to the closing attorney a non=ibrclga slants affidavit (pursuant to the Foreign Investment in Real Property Tax Act). lathe event Seller shall not provide a non foretga status affidavit. Seller acknowledges that there may be withholding as provided by the Internal Revenue Code. (b) Authorization to Disclose. Information: Seller authorizes: (t) any attorney presently or previously representing Seller to release and disclose say title insurance policy in such attorneys file to Buyer and both Buyer's and Setter'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 sellers closing disclosure, settlement statement and/or disbursementsummary, or any information therein; to the parties to this a any transaction, their real estate agent(s) and Buyer`s-feader(s). (c) Access to Property: Seller shall provide reasonable access to the Property (including working, existing utilities) 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, (it? verify the satisfactory completion of negotiated repairsfimpmvements, and conduct a final walk through inspection of the Property. 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 responsible sibl the suitability of the Property for a sewage system and/or private drinking water well. 2 above for limitation on as: (d) Removal of Seller's Property: Seller shall remove from the Property, by the datessesslon is derive red (I) all personal property which Is not a part of the purchase and (it) unless otherwise agreed, all garbage de and debris. (e) Affidavit and Indemnification Agreement: Seller shall fumish at Settlement an a1fdavit(s) and indemnification agreements) 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 therefrom. (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. AU 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: (ga-t1%W egal Access; Seller shalt execute and deliver a GENERAL wARRANI'y D&1?D for the Property in recordable for$ tr'thglPSettlement, 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 fraccuratecn survey of NOV 11 Z019 De Page6ofII as STANDARD FORM 12-T DCM WIL$�hNOC#pt17ltl, Seller initials Revised 7/20180712018 P!,bt,o,dw}hzfpF'vm®bY zipl.ogiz 18070 r'dleen MJe aoe�Fraser.. Ard,i0an4B02a p:�vv,i,rmrcmm it NoNl New DocuSignEnvelope14:,4$792F$7-lMS-487A-9EIQ-A 47C9P7lAE the Property, except: advaloretn taxes fbr the current year (prorated through the date of Settlement); utility easements add unviolated` covenants, conditions or restrictions that do not materially' affect the v'alde of the Property, and such other liens, encumbrances'or defects as way be assumed or specifically'spprbved by Buyer in writing. The Pronerty must have tens[ necean m a mdiue r9aM of tn) need, 'rases, and Fees: Seller shall pay, for preparation of a deed add 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 keg required by law, The deed, is to be made to: Pierce Development:, LLC lay at Settlement $ t a/$ toward any ofBpyer's at the discrotion or Buyer andor lender, if any, including any KWVA lender 0) Owners' Association Fees/Charges: Seller shall pay: ([) any fees required for conGrrniug Seller's account payment inf:'ormadon on owners' association dues or assessments for payment or proration; (0):any fees imposed by an owners' association and/or a management company as agent of the owners' association id connection with the transaction contemplated by" Contract other than those fees required to be paid by Buyer under paragraph 4(b) above; and (Ili) fees incurred by Seller in'complcting the Residential Properly and Owners' Association Disclosure Statement, and resale or othercettiHcates related to a proposed sale, of the Property: (k) Payment of Confirmed Special Assessments: Seller shall pay, in full at Settlement, all Confirmed Special Assessments, whether payable in_a lump sum or fixture Installments, provided that the amount thereof can be tea4onably determined of estimated. The payment of such estimated amount shall be the fuial payment between the Parties. (1) Late Listing Penalties: All property tax late listing penalties, if any, shall be paid by Seller. (m) Owners' Association Disclosure and Condominium Resale Statement Addendum (Standard Form 2Al2-1)i If applicable, Seller shall'provide the Cotupletnd'Owners' Association Disclosure aid Condominium Resale Statement Addendum to Buyer on 'or before the Effective Date., (n) Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Seller's obligations under this Paragraph ii Or Seller materially breaches this Contract; and Buyer elects to terminate this Contract as a result of such failure or breach, then the Earnest Money Deposit aid the Due Diligence Fee shrill be refunded to Buyer and Seller shall reimburse to Buyer the reasonable costs actually ineurred by Buyer in connection with Buyer's Due Diligence without of ectitig an other remedies: If legal proceedings are brought by Buyer against the Seller to recover the Earnest Money Deposit, the Due Diligence Fee and/or the reasonable costs actually Incurred by Buyer in connection with Buyer's Due Diligence, the prevailing party in the proceeding shall be entitled to recover from the; non;prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. 7. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated through the date of Settlement and either adjusted between the parties or paid at Settlement: (a) Taxes on Real Property! Ad valorem taxes and 'recurring governmental service fees levied with such taxes on real property shall be prorated on a calendar year basis; (b) Rents: Rents;if any, for the Property; (c) Does; Ownere.4ssociation regular assessments (dues) and other like charges., $_ CONDITION OF PROPERTY AT CLOSING: Buyer's obligation to complete the transaction contemplated by this Contract shall be contingent upon the Property being in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. 9. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing 'shall be upon Seller. If the improvements on the Prop ed or materially damaged prior to Closing, Buyer may terminate this Contract by written notice delivered to Seller or t�aa cs�AAnnd the Earnest Money Deposit and any Due Diligence Fee shall be refunded to Buyer. In the event Buyer does os. Page 7 ofl STANDARD FORM 12-T NOV I 1 201 Revised 712018 Buyer initials �aP Seller initials ®7(2018 ACM WILMINGTO , p.,A WMtiPForm®byxpt-& 16070rift.o WeRo d.FgSar,MWd 48M Q kg 11 Nom New Ocicusgn gflvClppg iQ: g3792F$j-7�8¢4p7A-gEIay1254 W71AE NOT elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, any of Setter's insurance proceeds payable On account of the damage or destruction applicable to the Property being purchased. Seger is advised not m cancel proceeds -insurance on the Propoity until after confirming recordation of the deed. 10. DBLAY IN SUTTLEMENTICLOSING: Absent agreement to the contrary in this Contract or any subsequent on thereto, if g party is unable to complete Settlement by the Settlement Date but Intends to tximphet I toe itansacflon and is acting to good faith and with reasonable diligence to proceed to Settlement {"Delaying Parry"), and IT the other party is ready, willing' and able to complete Settlement on the Settlement Date ("Non -Delaying parry" then the De laying Party Nan -Delaying Party and closing attorney add shall be entitled to a delay in S � � give as much notice as possible to the Closing wititin fourteen (14) days of the Settlement Date (iticlu p yell to complete Settlement and to otherwise extend the Settlement Date by written agreemcat,� t'he Ia a ad d Sett arocot Date agreed to in writlltg by the parties) or may terminate this Contract and shall be entitled to enforce an remedies fig`o such rtly shalt be m breach and the Non Delaying. party Y available to such patty under this Contract for the bre2eb 11' POSSESSIONI Unless otherwise provided herein, possession, including all means of access to the property (keys codes, Including we%* codes, gate openers, electronic devices; etc.) shall be dettvered of Closing as detTrted is pare h 1 excavations, tree or vegetation removal or other such activities may done before possession is delivered.P �)' No alterations, 12. ADDENDA: CFWI CK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACK HE LrrO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HEMO. Additional Provisions Addendum (Form 2AI1-1) ❑ Owners' Association Disclosure And Addendum For Properties 0 Additional Signatures Addendum (Form 3 1) Exempt from Residential Property DisclosureStatement(Form Q Back -Up Contract Addendum (Form 2Ai-T) 2Al2-T) Contingent Sale Addendum (Fora[, 2A2-T) ❑ Seller Financing Addendum (Form 2A5-1) [] Loan Assumption Addendum (Forte 2A6-1) ElShort SaleAddendum (Form 2A 14-1) ® Identify other attorney or party drafted addenda: Addendum A 13. ASSIGNMENTS: This Contract may not be assigned without the written consent of all parties except in connection with a tax - deferred exchange, but if assigned byagreeme4% then this Contract shall be blurting OR the assignee and assignee's heirs and successors. 14. TAX -DEFERRED EXCHANGE: in the event Buyer or Seller desires to effect a tax -deferred exchange in connection. with the conveyance of the Property, Buyer and Seiler agree to cooperate to effecting such exchaoge; provided, however, that the exchanging Party shall be -responsible. for all additional costs associated with such exchange, and provided further, that a non -exchanging party shall not assume any additional liability with respect to such tax•deferred exchange. Buyer and Seller shall execute such addfdonai documents; including assignment of this Contract in connection therewith, at no cost to the non -exchanging party, as ute s c required to give effectdocuments, to tiffs provision 15. PARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective' heirs, successors and assigus,.As used herein, words in the singularinclude the -plural and the.. masculine includes thefeminine and neuter genders, as appropriate. M 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. 17. ENTIRE AGREEMENT: This Contract contains the entire agreement of the panics and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a RFALTOR® or broker and Seller or Buyer as contained in any listing agreement buyer agency agreement, or any other agency agreement between them. 1,8. CONDUCT OF TRANSACTION: The parties agree that any action between them relating to the transaction contemplated by this Contract, may b4JEG (EPlectronic means,including ncludin the sig ning guilng of this Contract by one or moreof them and any notice or NOV 11 Z019 Page 8 of i l Ds DS Us Buj2CiMtWL IWTON, NC 9SrdJ 1>wQ1� Seller initials .... P'011"d M"PFnm6MrziprAabc ta070FineMMile Real)Fr4Ee.W00 W48M giye.wapk STANDARD FORM 12-T Revised 7l2018 (i 712018 11 North New' 009U151gn EnV*Pg IP:43799,Fe7=in89A87A-gEt&A2647CBD71AE communication given in connection -with this Contract. Any written notice or eouununiration may be transmitted to anymailing address, ermadl address=or:f IX ftmaberset •forth in the "Notice Information -section below. Any notice or, communication to given to a•party herein att any fee; deposit ormet PayntenCto N delivered to a Party herein, may be glven.to the patty or to suehparty* agent: Sellei and Buyer agree that the "Notice information" and "Ac(nowledgment of Receipt of Monies"•scctiotny: below shall Dot wnstitu11 a material part of this Contract, and that the addition or•moditicadon of any htfbtmption therein shall not-comtitute a at, Dote of ti e, a or the creation of a counteroffer, 19, Iinstum ION: This Contract, may be signed in multiple originals or counterparts, ail of which together, constitute one :aad the ;ame insky9aent 2,0 co s1 UTA AXON OF' bAXS/TXME OF DAY: Unless otherwise provided for purposes of this Contract the Serra "dayy" shall, mean engecupYe §mender days igchrding $atntdays, Suncigys, and holidays wheXhec fede[ai, stdte, local"nr religiousr'For life purPo'ses of tract [it g days, tG4 count of dgvs shai'1 begiq op the day following We, day upoq which any act or notice, as provided in this Contract •was required to be performed or made. Any reference to a date or time of day shall refer to the date and/or lime of day in theS a ofNort i Carolina. �. ..a -wv�W I WIN yr KFALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAY NO REPRESENTATION'.AS TO'1'HE T FfirA1 V.AGID> CY OR ADEQUACY .OF ANY PROViSJ6$ OF TXiTS PORM IN ANY LEGAL$PECIPIC TRANSACTION. IF YRU DO NOTUNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULTA NORTH CAROLINA UAL ESTATE ATTORNEY BEFORE YOU SIGN rr, Thts offer shall become a binding contract on the Effective Date. Unless specifically provided -otherwise, Buyers failure to timely deliver any fee, deposit or other payment provided for herein shall not prevent this offer from becoming a binding contract, provided that any such failure shall give Seller certain rights to terminate the contract as described herein or as otherwise permitted by law. Date: 3/122/2019 3/30/2019 �((•''-Odou$lgnedby: Buyer f��t�utatu Q Pi , l'-271M 717FF474— Date: Buyer Entity Buyer: Pierce DeyeloomentLLG (Name of LLCICorporatton/Par4tersWp/ rust/etc.) By: Name Tide: Date: "PCEIVED i,.:. ?019 DCM WILMINGTON, NO Date: Qoeu$Ironedtiy. Se11 r�.�bStau i l2NtwEr,. � 2i67Rreak�y Dater Sell p "�6r724s�i_ .creak Entity Seller: (Name of LLCtCOrporation/PaMership/ rust/etc,) By Name: Title: Dater Page 9 of 11 Prod Ic W?hnpForm®byzq,Logz 1807311WI l Mile Rod, Fuser, Miohlpn4a= x ZjpLwjx'� STANDARD FORM 12-T Revised 7/2918 m 7/2018 It t 14onh New DQcuSgn Erwo" ID 437MF67-1868&4S7A-SEt&A2S47C9D7tAE. SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO VERIFY THE UCTIONS FOR A DIFFERENT BANK, BRANCH LOCATION, ACCOUNT yBE PRESUMED FRAUDULENT- DO NOT SEND ANY FONDS AND fTO SELLERS: IF YOUR PROCEEDS WILL BE WIRED, IT IS RECOMMENDED THAT YOU PROVIDE WRUNG 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 WERE INSTRUCTIONS. THE WERE 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 Atavnhtu.M or NOTICE INFORMATION NOTE: INSERT AT LEAST ONE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES POP, THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY WHICH ARE NOT APPROVED. BUYER NOTICE ADDRESS: SELLER NOTICE ADDRESS: Mailing Address: Buyer Fax#• Buyer E-mail: Mailing Seller Fax#: Seller E-mail: isbreakeyOgmail.com CONFIIRMATION OF AGENCY/NOTICEADDRESSES Selling Firm Name: Acting asp' Buyers Agent❑ Seller's (sub)Agent ❑Dual Agent Firm License #• Mailing Address: Individual Selling Agent: 0 Acting as a Designated Dual Agent (check only if applicable) Selling Agent License #: Selling Agent Phone#: Selling Agent Fax#: ___ Landmark sotheby'y Listing Firm Name: Interrmuohal Realty Acting as ❑ Seller's Agent ® Dual Agent Firm License #: Mailing.. Address: 720S Wrightsri,lla Ave, Wilmington, We 20403 Individual Listing Agent: Nick ph1111os ❑ Acting as a Designated Dual Agent (check only if applicable) Listing Agent License #: 250213 Listing Agent Phone#: (9101679-8047 Listing Agent Fax# I910) 679-8048 Seil ng AgReCEIVED Listing Agent E-mail: niok@1.d erk%ir.,,m NOV 11 Z019 Page 10ofII o% os o% STANDARD FORM 12-T DCM �1YMeKllllu(F Seller initials }3 Revised 7/2018 m 7/20I8 Gr,duCeCWlh zUForr�by 2iploy�t tB070 Fifteen .tie RoaE. Frazer, Mltlbgan 48010 vwr,;m e,x M,,, 11 North New DQcusign Envelope lq: 93792F871BW-4B7A:6E18-A2S470.9D71AE ACKNOWLEDGMENT OF RECEIPT OF MOLLIES Property Address: d3 C'Seller") ("Buyer") ("Proper'ty'D ❑ LISTING AGENT ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph l(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seiler of a Due Diligence Fee in the amount of $ n/a , receipt of which Listing Agent hereby acknowledges. Date: Firm; Landmark Sotheby's International Realty By: (Signature) Nick Phill' s' ------- ------ -- - - ^- (Ptai --�- .....,......,..._ tpame) ❑ SELLER ACKNOWLEDGMENT OF Rl CEIPT OF DUE DILIGENCE FEE Paragraph l(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of $ n/a , receipt of which Seller hereby acknowledges. Date: Seller' (Sigmture) Joseph S. Breakey Seiler. (Signature) .. Margaret A Breakey ESCROW AGENT ACKNOWLEDGMEN -_ _____ ___ OF' INITIAL. EAROF RECEIPT NEST MONEY DEPOSIT Paragraph i(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an Initial Earnest Money Deposit in the amount of $ n/a I(i) of the Offer to b g p .Escrow Agent as identified in Paragraph Purchase and. Contract bete acknowledges receipt of the initial Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract, Date: Firm: Rizzo and .Blackburn By: (Signature) .. - - - - - - - - -- (Print name) C] ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF (ADDITIONAL) EARNEST MONEY DEPOSIT Paragraph I(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an (Additional) Eamest Money Deposit in the amount of $ Eow Agent asin Paragraph I(t) of the Offer to Purchase and Contract hereby acknowledges receipt of the (Additional) Earnest Mo Money D positldentilled annd agrees to hold and disburse the same )n accordance with the terms of the Offer to Purchase and Contract. Date: RECEIVED 2019 Firm: Rizzo and Blackburn 0 AM ❑ PM By: (Signature) (Print name) Page 11 of 11 DCM WILMINGTON, NC PfOdu64-WIZOFo ObYZFPLo}¢x tao]o Fdux�Mb rsOzq Ease:,. MicHgw,4�78 aaGY31p1. .00N STANDARD FORM 12-T Revised 7/2018 O 7/2018 It. North New Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW - Begin Date (Date Received): Prepare file folder Assign Action ID Number in ORM 1. Project Name [PCN Form A2a]: OYSTER POND 2. Work Type: ✓Private Institutional ❑Government ❑Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: RESIDENTIAL SUBDIVISION 4. Property Owner / Applicant [PCN Form A3 or A4]: PIERCE DEVELOPMENT LLC 5. Agent / Consultant [PNC Forth A5 — or ORM Consultant ID Number]: HAYWOOD PITTMAN 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location— Coordinates, Street Address, and/or Location Description [PCN Form B lb]: 34.435, 77,534 8. Project Location —Tax Parcel ID [PCN Form BIa]:4245-22-2615-0000 9. Project Location— County [PCN Form A2b]: PEN DER 10. Project Location —Nearest Municipality or Town [PCN Form A2c]: SURF CITY 11. Project Information — Nearest Waterbody [PCN Form B2a]: UT TO ICW 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:03020302 Authorization: Section 10 Section 404 ❑✓ Regulatory Action Type: Standard Permit Nationwide Permit # Regional General Permit # Jurisdictional Determination Request RECEIVED NOV 1 1 2019 Section 10 and 404 ®Pre -Application Request Unauthorized Activity ®Compliance No Permit Required Revised 20150602 DCM WILMINGTON, NC Determination US Mmy Corps of enylnssrs %"*_4 nrxpse This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: -- - - - y calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE& CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers IS t Patton Avenue, Room 208 Asheville, North Carolina 28801.5006 General Number: (828) 271-7980 Fax Number. (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number. (910) 2514610 Fax Number. (252) 975.1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-2514633 Fax Number: (910) 2514025 Noy�NlWl1M'►'I� �1 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D - PROPERTY OWNER AUTHORIZATION- Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. 601 t l SON Q-4n00_56 NOTE ON PART D - NCDOT REOI STS• Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PRO —GRAM PARTICIPANTS, A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Determination A. PARCEL INFORMATION Street Address: 11 N NEW City, State: SURF CITY, NC County: PENDER Parcel Index Number(s) (PIN): 4245-22-2615-0000 B. REQUESTOR INFORMATION Name: HAYWOOD PITTMAN Mailing Address: PO BOX 1387 RICHLANDS, NC 28574 Telephone Number. 910-330-2784 Electronic Mail Address: piftmansoil@yahoo.com Select one: I am the current property owner. ❑✓ I am an Authorized Agent or Environmental Consultant' Interested Buyer or Under Contract to Purchase Other, please explain. C. PROPERTY OWNER INFORMATION2 Name: Mailing Address: PO BOX 1066 JACKSONVILLE, NC 28541 Telephone Number: 910-389-5989 Electronic Mail Address: RECEIVED NOV 11 200 DCM WILMINGTON, NC ' Must provide completed Agent Authorization Form/Letter. x Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcelfrax Record). Version: May 2017 Page 2 Determination D. PROPERTY ACCESS CERTIFICATION;,4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Print Name Capacity: ❑ Owner Authorized Agents Date E. REASON FOR JD REQUEST: (Check as many as applicable) I intend to constmct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. I intend to constructidevelop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. AI intend to construct/develop a project or perform activities in a navigable water of the . which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ®A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. rLn1 I believe that the site may be comprised entirely of dry land. Other: RECEIVED ror NUIXJT requests following the currentNCDOT/USACE protocols, skip to Part E. NOV 1 1 2019 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. Must provide agent authorization fomdlettersigned byowner(s). DCM WILMINGTON, NC version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) j I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at anytime. PJDs do not expire. I am requesting that the Corps provide an gp JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS �j Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. Size of Property or Review Area 2.8 acres. The property boundary (or review area boundary) is clearly physically marked on the site. RECEIVED NOV 112019 DCM WILMINGTON- NC Version: May 2017 Page 4 Determination H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: 34.435 Longitude: 77.534 I X I A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 1 Ix17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).' • North Arrow • Graphical Scale ■ Boundary of Review Area ■ Date • Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: • Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage ri linear length of each of these features as appropriate. • Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: • Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the REMPMD linear length of these features as appropriate. ipCompleted Wetland Determination Data Forms for appropriate region NOV 1 1 2019 (at least one wetland and one upland form needs to be completed fo t �k �rEAftN, NC e Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. htt]2:!/www saw.usace annv mil/Missions/Re elatory Permit Proeram/Jurisdiction/ version May 2017 Determination Completed appropriate Jurisdictional Determination form r` • PJDs. please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDs. Dlease complete an Approved Jurisdictional Determination Forma Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets ElNC Division of Water Resources Stream Identification Forms Other Assessment Forms RECEIVED NOV 112019 DCM WILMINGTON. NC see Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federaljurisdiction under theregulatory authorities referenced above. Routine Uses: This information may be shared with the Department ofJustice and other federal, state, and local government agencies, and the public, and may be made available as par of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approvedjurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. version: May 2017 Page 6 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: B. NAME AND ADDRESS OF PERSON REQUESTING PJD: HAYWOOD PITTMAN. 1003 DREWRY FORK ROAD, RCHLANDS, NC 28574 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: PENDER City: SURF CITY Center coordinates of site (lat/long in degree decimal format): Lat.: 34.435 Long.: 77.534 Universal Transverse Mercator: Name of nearest waterbody: UT TO ICW E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION, Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area and linear feet, if applicable) d E:O: Geographic authority to which the aquatic resource "may be"(acreage subject (i.e., Section 404 or Section 10/404) A 34.435 77.534 1.p20 WETLAND SECTION 10/404 B 34.435 77.529 380 WATERS OF THE US SECTION 10/404 5NGT, NC 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: RECENED NOV 11 Z019 OCM WILMIOTON, NC n SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: Q Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Q Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: ❑nJ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ❑ Photographs: ❑ Aerial (Name & Date): or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): Signature and date of Regulatory staff member completing PJD RECEIVED N,nv i 1 2019 R. Haywood Pittman II E„.,,.-- Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ILMINGTON, NC ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. PITTMAN SOIL CONSULTING Owner: OYSTER POND, PIERCE DEVELOPMENT LLC . Address: IIWY 210 Location: PENDER COUNTY NOV 112019 DCM WILMINGTON, NC AREA A 1.2 ACRES JURISDICTIONAL ^/ AREA B 308 LINEAR FEET 100, 0. 100, 200, APPROX CXQ- SOIL SURVEY MAP PITTMAN SOIL CONSULTING Owner: OYSTER POND, PIERCE DEVELOPMENT LLC . Address: HWY 210 Location: PENDER COUNTY RECEIVED NOV 112019 DCM WILMINGTON. NC 100' O' 100' 200' L- APYRO SCALI Print Form WETLAND DETERMINATION DATA FORM —Atlantic and Gulf Coastal Plain Region ProjectiSite: OYSTER POND FENDER g�_tg ApplPIERCE DEVELOPMENT LLC City/County: Sampling Date: InvestanU r(s): State: NC Sampling Point A InvesBgator(s): HAYWOOD PI AN SURF CITY Section, Township, Range: Landform (hilislope, terrace, etc.): RIDGE Local relief (concave, convex, 34.435 none): CONVEX Slope Subregion (LRR or MLRA): T Let: Long: 77.533 Datum: LL Soil Map Unit Name: NmE UPLAND NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes IM No ❑ (If no, explain in Remarks.) Are Vegetation ❑, Soil Q or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes E1 No ❑ Are Vegetation ❑, Soil ❑, or Hydrology 0 naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling nnint lnnnflnnc - _ _,. ,_ _..._ .--_..-..�. .............a, .,..F,y,.y Ia 11111111, UIC. Hydrophytic Vegetation Present? Yes �T0 No r❑ Is. the Sampled Area Hyddc Soil Present? Yes No 1rJ�. Welland Hydrology Present? Yes No IJ within a Welland? Yes ❑ No Remarks: tland Hydrology Indicators: Secondary Indicators ' nndicators (minimum ofon is rea ired check allthat am ly) !minim m of Iwo r nk ❑ Surface Soil Cracks (86) Surface Water (Al) ❑ Water -Stained Leaves (B9 ) Sparsely High Water Table (A2) [13 -tom, Aquatic Fauna (B13) Vegetated Concave Surface (BB) Saturation (A3) 7l�J u Mad Deposits (B15) (LRR U) Drainage Patterns (610) © Water Marks (B1) Sediment Deposits (B2) Hydrogen Sulfide Odor (CI) Moss Trim Lines (B16) ® Dry -Season Water Table (C2) Drift Deposits Oxidized Rhizospheres on Living Roots (C3) Crayfish Burrows (C8) (63) B Algal Mat or Crust Presence of Reduced Iron (C4) ® Saturation Visible on Aerial Imagery (C9) (B4) 1_1�lt Iron Deposits Tf Recent Iron Reduction in Tilled Soils (C6) L^I Geomorphic Position (D2) (BS) TUB Thin Muck Surface (C7) r� Inundation Visible on Aerial Imagery (87) tJ Other (Explain in Remarks) IJ Shallow Aquitard (D3) 0 FAC-Neutral Test (135) Field Observations: Surface Water Present? Yes ❑ No 1' Depth (inches): Water Table Present? Yes ❑ No Depth (inches): �'18 Saturation Present? Yes includes ce ilia fri 11 No Depth (inches): 71$„ Wetland Hydrology Present? Yes 0 No x❑ e Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: RECEIVED NOV 1 1 2019 DCM WILMINGTON, NC -------------------------------- US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Interim Version VEGETATION - Use scientific names of plants. A Tree Stratum (Plot size: ) 2. 3. 4. 5. 6. 7. Saolinp Stratum (Plot size: 1. 2. 3. 4. 6. 7. Shrub Stratum (Plot size: 3OX30 ) 1 MORELLA CERIFERA 2. 4. 5. 6. 7. Herb Stratum (Plotslze:3OX30 ) 1.L 2. 3. 4. 5. 6. 7. 8. 9. 10 11 12 Cover species? Status rl = Total Cover ❑ ❑ ❑ = Total Cover 50 ❑x FAC ❑ _ ❑ _ 0- Total Cover IQUIDAMBAR STYRACIFLORA 25rx1 FAC ❑ ❑ ❑ ❑ El 13 = I Woody Y3OX30 40 Total Cover ne Slraium (Plat size: ) 1 ❑ 2. ❑ 3. ❑ 4. ❑ 5. Tota4Cover Dominance Testworksheeb Number of Dominant Species That Ave OBL, FACW, or FAC: 2 (A) Total Number of Dominant 2 Species Across All Strata: (g) Percent of Dominant Species That Are OBL, FACW, or PAC: 100 (A/g) Total%Cover of Multiply bT. OSL species x 1 = FACW species x 2 - FAC species x 3 = FACU species x 4 = UPL species x 5 = ' Column Totals: (A) (g) Prevalence Index = INA = X_ Dominance Test is >50% _ Prevalence Index is 53.0' _ Problematic Hydrophylic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Tree- Woody plants, excluding woody vines, approximately 20 It (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). Sapling -Woody plants, excluding woody vines, approximately 20 It (6 m) or more in height and less than 3 in. (7.6 cm) DSH. Shrub- Woody plants, excluding woody vines, approximately 3 to 20 8 (1 to 6 m) in height. Herb -A t herbaceous (non -woody) plants, Including herbaceous vines, regardless of size. Includes woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody vine -AII woody vines, regardless of height Hydrophytic Vegetation ❑ Present? Yes Mn No NOV 112019 US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Imedm Version SOIL Sampling Point: B Depth Matrix (inches) Color (mofs0 �_ 04 2.5Y 4/3 4-24 2.5Y 7/3 or Redox F lures Color (moist) _ % TVoe L Texture Remarks S S r e Indicators: Histosoi (At) Indicators for Problematic Hydric Soils': E]Polyvalue Below Surface (S8) (LRR S, T, U) [] 1 cm Muck (A9) O) Q Hislic Eplpedon (A2) Black Histic (A3) - _Thin Dark Surfers (S9) (LRR S, T, U) Loamy Mucky Mineral (Ft) (LRR 0) (LRR Q 2 cm Muck (A10) (LRR S) Q Reduced Vertic (F78) (outside MLRA 150A,B) Hydrogen Sulfide Loamy Gleyed Matrix (F2) Q Piedmont Floodplain Soils (F19) (LRR P, S, T) Stratified Layers (A5) S) Organic Bodies (A6) (LRR P. T, U) Depleted Matrix (F3) Dark Surface (F6) Q Anomalous Bright Loamy Soils (F20) (MLRA 153B) _ 5 crrt Mucky Mineral (A7) (LRR P, T, U) Muck Presence (A8) (LRR U) 1 cm Muck (AS) (LRR P, T) T7Redox 100epieted —ORedox Dark Surface (F7) Depressions (F8) Mad Red Parent Material (TF2) T8q Very Shallow Dark Surface (TF12) (LRR T, U) Depleted Below (F10) (LRR U) L Other (Explain in Remarks) Q Dark Surface (At 1) Thick bark Surface (Al2) Coast Prairie Redox ��—)IDepleted �..ilron-Manganese Ochric (F11) (MLRA 161) Masses (F72) (LRR O, P, T) 'Indicators of hydrophylic vegetation and Q, a (A16) (MLRA 150A) Sandy Mucky Mineral (Si) (LRR O, S) Sandy Gleyed Umbric Surface (F13) (LRR P, T, U) Delta Ochric (1717) (MLRA 151) wetland hydrology must be present, unless disturbed or problematic. Matrix (S4) a Sandy Redox (S5) �—DReduced Vedic (F18) (MLRA 150A, 150B) _I —{Piedmont Floodplain Soils (F19) (MLRA 149A) a Stripped Matrix (86) Q Dark Surface (S7) (LRR P, S, T, U) _BAnomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) Type: Depth (inches): Hydric Soil Present? Yes © No RF-CENED 0 11 2019 DCM WILM(NGTON, NC US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Interim Version Print Form WETLAND DETERMINATION DATA FORM —Atlantic and Gulf Coastal Plain Region Pro)ect/Ske: OYSTER POND City/County: PENDER 8-4-19 Sampling Date: ApplApplicant/Owner:Applicant/Owner:PIERCE DEVELOPMENT LLC Stale: NC Sampling Point A investigator(s): HAYWOOD PITTMAN SURF CITY Section, Township, Range: Landform (hillslope, terrace, etc.): DEPRESSION Local relief (concave, convex, none): CONCAVE Slope (%): 1 Subregion (LRR or MLRA): T Lai: 34.435 Long: 77.534 Datum: LL Sal Map unit Name: NmE NWI classification: MARSH Are climatic I hydrologic conditions on the site typical for this time of year? Yes El No ❑ (If no, explain in Remarks.) Are Vegetation ❑, Soil ❑, or Hydrology ❑ significantly disturbed? Are'Namal Cucumslances" present? Yes No Are Vegetation Soil 13 or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations. transacts- important fanh..n at Hydrophylic Vegetation Present? Yes El NoA Is the Sampled Area ' Hyddc Soil Present? Yes x No Welland Hydrology Present? Yes No within a Weiland? Yes 0 No ❑ Remarks: rr a VRVLV V I we Hydrology Indicators: Secondary Indicators (minimum of R•ro r puir ) Primary Indicators (minimum of one is required, check all that apply) Surface Soil Cracks (B6) t_t Surface Water (Al) Water -Stained Leaves (Bg) Sparsely Vegetated Concave Surface (B8) High Water Table (A2) Saturation (A3) 7❑3 7TL�JI Aquatic Fauna (B13) u Marl Deposits (B15) (LRR U) a❑j LJ Drainage Patterns (810) ® f�:tt Water Marks (Bi) Sediment Deposits (B2) x Hydrogen Sulfide Odor (C1) Moss Trim Lines (B16) ❑ Dry -Season Water Table (C2) Bx Drift Deposits (83) Oxidized Rhizospheres on Living Roots (C3) Presence of Reduced Iron (C4) © Crayfish Burrows (C8) Saturation Visible U on Aerial Imagery (C9) Algal Mal or Crust (B4) Cr�11 Iron Deposits (85) Recent Iron Reduction in Tilled Soils (C6) 'M Thin Muck Surface x Geomorphic Position (D2) 0 (C7) L+ Inundation Visible on Aerial Imagery (B7) 10 Other (Explain in Remarks) Shallow Aquitard (D3) 1M FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes ❑ No _El Depth (inches): Water Table Present? Yes I] No ❑ Depth (inches): 2" Saturation Present? Yes El No ❑ Depth (inches): 1 Wetland Hydrology Present? Yes IM No ❑ (includes colpillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: (RECEIVED Nnv 11 2019 FvCM WILMINGTON, NC US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Interim Version VEGETATION - Use scientific names of plants. Tree Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 7. SzDlirw Stratum (Plot size: 1. 2. 4. 5. 6. 7. 5ho,ito vat m (Plot size: 30X30 ) 1. MORELLA CERIFERA 2. 3. 4, 6. 7. Herb Stratum (Plot size: 3OX30 1, SPARTINA PATENS 2. 3. SPAR CoverSoeciey Status ❑❑ = Total Cover = Total Cover 50 FAC 50 - Total Cover TINA ALTERNIFLORA Woody Vine Stratum (Plot size: 3OX30 ) 1. 2. 3. 4, 5. IVU =Total Cover Sampling Pant: A Number of Dominant Species That Are OBL, FACW, or FAR 4 (A) Total Number of Dominant Species Across Al Strata: 4 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 100 (AIB) Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A= A- Dominance Test is >50% Prevalence Index is 53.0' _ Problematic Hydrophy6c Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Tree- Woody plants, excluding woody vines, approximately 20 0 (6 m) or more In height and 3 In. (7.6 cm) or larger in diameter at breast height (DBH). Sapling - Woody plants, excluding woody vines, approximately 20 N (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub - Woody plants, excluding woody vines, approximately 3 to 20 fl (1 to 6 m) in height. Herb -AII herbaceous (non -woody) plants, including herbaceous vines, regardless of size. Includes woody plants, except woody vines, less than approximately 3 ft 0 m) in height. Woody vine -All woody vines, regardless of height. 13 ❑ ❑ © Hydrophytic Vegetation -1QIP CAvK-rv, Present? NOV 11 2019 DCM WILMINGTON. NC yea 0 No 11 US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version SOIL Sampling Point: B ProFlle Description: (Describe to the depth needed to document the indicator or confirm the absence of Indicators.) Depth Matrix Redox Features in Color (moist) %_ Cokr !moist) 0-12 2.5Y 3/1 Type, �� � --- Remark 12-18 2.5Y 3/1 — _ MUCK S '—� Histosol(Al) I Q Histic Epipedon (A2) 1 Black Histle (A3) —j Hydrogen Sulfide (A4)1f Stratified Layers (A5) Organic Bodies (A6) (LRR P, T, U) 5 cm Mucky Mineral (A7) (LRR P, T, U) Muck Presence (A8) (LRR U) x 1 1 cm Muck (A9) (LRR P, T) Q Depleted Below Dark Surface (At 1) j —[ Thick Dark Surface (Al2) Coast Prairie Redox (A16) (MLRA 160A) Q Sandy Mucky Mineral (St) (LRR O, S) a Sandy Gleyed Matrix (S4) Z Sandy Redox (S5) Stripped Matrix (S6) [, Dark Surface (87) (LRR P, S, T, U) _ Type: Depth (inches): value Below Surface (S8) (LRR S, T, U) L] 1 cm Muck (A8) (LRR O) 1 Dark Surface (S9) (LRR S, T, U) 2 cm Muck (At 0) (LRR S) Try Mucky Mineral (Fi) (LRR O) ny Gleyed Matrix (F2) Reduced Vedic (1718) (Outside MLRA 150A,B) 'eted Matrix (F3) ❑ Piedmont Floodplain Soils (F79) (LRR P, S, T) 1x Dark Surface (FB) Anomalous Bright Loamy Soils (F20) (MLRA 153B) eted Dark Surface (F7) a Red Parent Material (TF2) rx Depressions (F8) (F10) (LRR U) 7�t Very Shallow Dark Surface (TF12) (LRR T, U) Other (Explain in Remarks) sted Ochric (F11) (MLRA 161) Manganese Masses (F12) (LRR O, P, T) 'Indicators of hydrophytic vegetation and ric Surface (F13) (LRR P, T, U) Ochric (F17) (MLRA 151) wetland hydrology must be present, ced Vedic (1718) (MLRA 150A, 1508) unless disturbed or problematic. nont Floodplain Soils (F19) (MLRA 149A) ialous Bright Loamy Soils (F20) (MLRA 149A, 163C, 153D) RECEIVED NOV 1 1 2019 DCM WILMINGTON, NC Hydrtc Soil Present? Yes No US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region— Interim Version ROY COOPER Governor MICHAEL S. REGAN Secretary NORTH CAROLINA Environmental Quality November 26, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar(cDNCDENR.gov SUBJECT: CAMA Application Review Applicant: Pierce Development, LLC for Oyster Pond Subdivision Project Location: 11 N. New River Dr., adjacent to Stump Sound in Surf City, Brunswick County BRAXTON DAVIS Director, Division of Coastal Management Proposed Project: Development of a ten -lot (10) residential subdivision and residential pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grep_p Bodnar at the address above by December 19, 2019. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT NAME AGENCY SIGNATURE DATE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. State ofNorth Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 mom ematrr to 02/Qti7m00 o0 IRA x7, (Ion., > Aast Bata f'xdsa Tax FILED 08 FEB -6 PN 2m 37 JOYCE N.swicEG000 REGISTER OF DEEDS FENDER COuxTY,RD PIN # au5=�a.��ys�ocsar� DEED IN LIEU OF FORECLOSURE OX3401PG137 Prepared bys MURCHISON, TAYLOR & GIIISO% PLLC 16 North Fifth Assume, Wilmbmgton, lY0 IMI STATE OR NORTH CAROLINA REVENUESTAMPS- 00 `% COUNTY OF PENDER PIN K 4245.22-26I5-0000 This DEED IN LIEU OF FORECLOSt1RE, made this; day of 200jp, by and between OYSTER POND, LLC, a North Carolina limited liability company,, (herein, called "Grantor"), end JOSEPH S- BREAKEY and. wife, MARGARET NICOOLSON-DRE.AKEY, whose mailing address is. !OS$ Cold Camp Road, Colorado Springs, Colorado 809(heroin, whether ona or more, called "Grantees"). The designation Grantor and Grantee as used herein shall includesaid parties, their balms, successms and assigns, and shell include the singular, Plural, tnascutia6, feomhdne or neuter as required by the context, WITNESSETH:. NOW TIIBREFORU; the Grantor, for and in consideration of the satisfaction and cancellation of the. existing;Purchase Money Deed of Trust mfal*d to herein has bargained. and sold, and by these presents does hereby bargain. sell and eonvey unto Grantees. their heirs, suncessors and assigns. forever, in fen simple,.altthat cettain real property Treated in Vender County, North. Carolina, described ou EXHIBIT "A" attached h=to and irs orporated had" byreferende, tegether with any real propery (herc die "Pmoeriv') imnmvem> t, a .. Thisconveyance is made subject to 0) all easements, encumbrances. rights-Gf--way and restrictive covetunds of record, (it) ad mwlorea loans for the current year and all eubsequet years, and (iii) all govemorental land. use statutes, ordinances and regulations, including building and 79e62 Reeondrd anoYen JoyzcK Swtcexo RegataofDeeds Pender CoeaLY, NC RECEIVED 2019 DCM WILMINGTON,NC subdivision regulations. This deed -is an absolute oonveyance, Grantees with have to make before a ferec its hest interest and , Purchase Money Note M & BREAKER atui MAR! *3I06,Page3i$, PaaderConp it this conveyance is freely at withrespect to said pmpedyol✓ A Propetty. The Grantor herei it under the law the Grantor is RK340IPG138 r to "Grantees recited, being the which is seemed MA that them are no I between Grantor and lands that it does not under said TO HAW1 AND TO HOLD the above granted and fteribedpiupeaty, together with all and singular the"AA, Privileges, c3semel ft tenements and apputtenum &;&Wto betong4 or in anywise appertaining Onto the Greafts, their hefts, Successors and asegus, in the srmphe, forever. And the Grantor, for itself and its successors and assigns, does covenant to and with the said Grantees, their heirs, successors and assigns that Ocedpr has done nothing to imor such title to. the property described herein as Grantor resehved,. and Grantor will warrant and defend RID to same against the lawful claims of all Persons claiming by, under or through Gramor or its successors or asslgcs. 79462 SIGNATURE AND NOTARIAL CERTIFICATE ON FOLLOWING PAGE RECEIVED NOV 112019 DCM WILMINGTON, NC IIX340I PG 13Q 1N WtTNBSS'WHMMF, the said Omd" has fieresoto setits }rand as of the day and year fitst above written, STATX,OF NORTH CAROLINA COUNTY OF tmunbiow6k6« .eoaeaw�aQ I, OYSTER POND, LLC By; Oyster P"dNapagement,LLC Managetofq Pond,LLC By: Name: Its: a Notary Public for tify that RMIJARD L. wiled that he is a Manager va vauauF rvivu nsnru}itumsott, i U_; a North Carolina limfW Iiabillty company and manager of OYSTER POND, LM a North Carolina limited liability company, and that by authority dulygiven and ss the act of OysW poad Mamgetnou% LLC, 09 manager of Oyster Pond, LLC, the fbregoing instrument was signed-m its name by its Manger. W tTNM my hand and Official seat this day of � Ss otatyPablic: My Commission Expires, O. t, ti Eaem NG7ARY PU6Ltc _ 79462 RECEIVED NOV 1 1 2019 DCM WILMINGTON, NC Ex mlvw� 104 01 P614 Q ofnedine) 210, nary eentertine of Shell Past 249,76 Feet to the S. North 64 degrees 34 minutes 57 seeoods Wed 450.00 feet (passing over an Wine iron Pipe at 280.00 bleat)) to a point in Topsail Sound; thoneo 6, hencrthe thence 06 minutes 35 seconds Pest 33429 feet to a Point in the Hail Heim tine; thence 7. old with add �nSouth 53es : degre43 minutes 00 seconds East 445.42 fett (passid8 over an firm oFN.C. High�Way No. 210,at 150-00 �theneetce old iron pipe in the.NoRhweslem Rlght-of--Way 8, with said line South 52 degrees 49 minutes 42 seconds West 252.g4 feet to the 13WII' N o . containing 2.83 acres more or less. As a roC moo to theabovedescribed 'traot, see &UP Book 3, at Pago 65 — Tract No. 3 of the Pen&r County Registry', and being Anther described in Deed Book 946 at Page I7" County Registry.. Fender See also Deed Book 3106. Page 315 Pender County Registry. 19462 RECEIVED NOV 11 2019 DCM WILMINGTON, NC Major Permit Fee Schedule Project Name:1bu 4(fAr PO r,,c — 514_ County: P Check No & o t: Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000962341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial develop if General Water Quality Certifi n $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: