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HomeMy WebLinkAbout20071981 Ver 1_CAMA Application_20071126`pF COAST.gI?j IV1 .i ~xP o`~-~~i81 North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary 19 November 2007 EXPRESS PERMIT REVIEW PROGRAM Y MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location Cyndi Karoly Division of Water Quality David W. Moye Express Permits Coordinator p'~~~U~~ Gov ~ 2 e 2007 DEf~R -WATER Ql1AL17Y ~~0.4ANE STC~,y~NATE~R BRANCH CAMA/DREDGE & FILL Permit Application Review I. G. Holdings, LLC - c/o Israel Golasa The project site is located at 40494 NC 12 in Avon on a manmade canal off Mill Creek off the Pamlico Sound in Dare County, North Carolina. Proposed Project: The applicant proposes to construct a ±12,427 ft2 retail building with an attached 4-bedroom apartment, and a 67-space paved parking lot. Please indicate below your agency's position or viewpoint on the proposed project and return this form to The Washington Regional Office by 10 December 2007. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. 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. SIGNED DATE 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 1 Internet: www.nccoastalmanagement.netl An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper DIVISION OF COASTAL 1VIANAGEMENT FIELD INVESTIGATION REPORT Express Permit Review Program 1. APPLICANT'S NAME: I. G. Holdings, LLC for Israel Golasa 2. LOCATION OF PROJECT SITE: 40494 NC 12 in Avon on a manmade canal off Mill Creek off the Pamlico Sound in Dare County, North Carolina Photo Index - 2006: 174-7860; L-9, M-9, N-9 State Plane Coordinates - X: 3,042,400 Y: 603,800 GPS Rover File #U101710B Buxton Quad. (upper right corner) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/17/07 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 11/19/07 Office -Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan -Dare County Land Classification From LUP -Uplands -Limited Transition and Community, Water and Wetlands -Conservation (B) AEC(s) Involved: CS (C) Water Dependent: NO (D) Intended Use: Commercial (E) Wastewater Treatment: Existing -None Planned -Standard LPP system (F) Type of Structures: Existing -Gravel parking, mobile refuse containers Planned -Commercial building, concrete parking (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other X105,499 ftz highground (D) Total Area Disturbed: 1105,499 ftz (2.42 acre) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a X12,427 ft2 retail building with an attached 4-bedroom apartment, and a 67-space paved parking lot. I. G. Holdings, LLC c/o Israel Golasa Dare County Express Permit Review Program Project setting Jon Hain with Albemarle & Associates, Ltd., on behalf of Israel Golasa for I. G. Holdings, LLC, has requested the attached application be processed under the Express Permit Review Program, for construction of a commercial retail building under the name of I. G. Holdings. The project site is located at 40494 NC Highway 12 in the Village of Avon adjacent a manmade canal off Mill Creek in Dare County, North Carolina. Both of the aforementioned waterbodies connect into Pamlico Sound and are classified as Public Trust Area and Estuarine Water with the corresponding designated Coastal Shoreline (75' Estuarine Shoreline). The proposed project site is ±2.88 acres and is currently undeveloped but is being used to store commercial debris containers in the open area of the property. The site is ±165' adjacent NC 12 and ±655' along the north property line. The south property line is ±666' and the back (west) property line is ±231' creating a slightly pie shaped lot increasing in size as you move towards the back of the lot. A ±20' wide manmade canal (with ±225' of shoreline) bisects the back of the property with ±40' of property on the west side of the canal. The area on both sides of the canal (±40' to the west and ±150' to the east) is vegetated with cedar, live oak, bay, green briar, Spartina atens, and upland grasses. A narrow (<5 feet) and intermittent strip of Coastal Wetlands in present on both sides of the canal and is vegetated with Juncus roemerianus and S. atens. The front ±450' of the site is divided into two distinct areas. The entire area adjacent the north property line is wooded and vegetated predominately with cedar, a few live oaks, a dense under story of bay, green briar, and S. patens. This wooded area is ±50' wide. The remaining ±115' by ±450' is currently being used to store commercial debris containers. This area is vegetated with upland grasses and green briar that has been mowed this growing season. A large portion of this area has gravel either exposed or under the grass and briars. The property is bordered to the north by several homes at the front half of the site and by undeveloped property along the back half of the site. Kinnakeet Shoppes, a retail shopping area with parking, borders the project area to the south. The area behind the site (west) across the manmade canal is a residential development along the aforementioned manmade canal. The project site has an existing elevation of ±3' above the normal water level (NWL). The manmade canal, Mill Creek and Pamlico Sound have all been classified as SA bythe Environmental Management Commission. The area is closed to the harvesting of shell fishing. I. G. Holdings, LLC c/o Israel Golasa Dare County Express Permit Review Program Page Two Project description The existing commercial debris containers are to be removed. The applicant proposes to construct a ±12,427 ft2 retail building on the site with an attached ±1,920 ft2 4- bedroom apartment. The existing elevation of the property at the building location will be raised ±5.1' for a finished floor elevation of ±8.1'. A 67-space concrete paved parking lot is also proposed as well as a driveway connection to NC 12. The applicant proposes to construct a wastewater system utilizing a standard LLP system. No work is proposed closer than 30' to the existing manmade canal. The total amount of disturbance for the project site is ±2.42 acres (±105,499 ft2), which is ±84% of the entire site. The total impervious coverage for the site is ±47,295 ft2 or 37.7%. As proposed, ±9,808 ft2 of slope and grade activities will take place within the 75' Coastal Shoreline Area of Environmental Concern (AEC), and the amount of impervious surface in this AEC is zero. No activity is proposed within the 30' Coastal Shoreline Buffer on either side of the manmade canal. Anticipated impacts The project as proposed will result in the disturbance of ±105,499 ft2 of uplands as a result of the construction activities. The project as proposed will result in no impervious surface within the Coastal Shoreline AEC and no activity within the 30' Coastal Shoreline Buffer on either side of the manmade canal. David W. Moye - 19 November 2007 .r CAMA Permit Narrative I.G. Holdings, LLC 40494 NC 12 Avon, Dare Co, NC I.G. Holdings, LLC intends to construct a 12,427 SF retail building with an attached 4- BRresidential apartment on property owned by the Price Family Irrevocable Trust Agreement. I.G Holdings is currently in negotiations to purchase the site. The total site area is 2.88 acres and approximately 2.42 acres on-site and approximately 0.14 acres off- site are to be disturbed for the structure, pazking, stormwater management system, right- of-way improvements, and on-site wastewater system. Approximately 9,808 SF will be disturbed within the 75' AEC. Parking for the development will be provided by a 67- space concrete pazking lot. There is a canal towazds the rear of the lot connecting to SA waters. Stormwater management will be ahigh-density project utilizing conveyance to an infiltration basin and a level spreader. All surface runoff will utilize sheetflow to be collected by drainage structures and conveyed via pipes to an infiltration basin towards the reaz of the site. A bypass device precedes the infiltration basin and will disperse the runoff exceeding a 1- 1/2 inch storm event through a vegetated filter using a level spreader. The level spreader will be approximately 78' from the edge of the canal. The site will be graded to prevent runoff into the adjacent properties. The on-site wastewater system will be a standazd LPP system and will exceed the 100' horizontal distance from the canal as required by Section .1950 of the On-Site Wastewater Section of NCDENR Department of Environmental Health. We will be obtaining site-specific approval for the system on this site from the Daze County Health Department. I. G. Holdings, LLC is requesting to bring fill to the site in order to bring the site up to the proper FEMA elevation. The fill shall be clean Group 1 sand fill and shall be verified by the engineer. Silt fencing will be installed around the perimeter of the disturbed azeas to ensure no disturbance on the adjacent properties and to contain sediment on the site. A State High-Density Stormwater Permit and a State Sedimentation and Erosion Control Permit aze being applied for concurrently with this CAMA Permit Application. ••Ftis ~ . ~~ ~ ~ e ~ 1 59 ~,.. ~~ ~•• G I . da~•+.•.. ~> ~t9' O `~,` y~ 1}`C E.xo o ~ - i q 81 nrrucanox~or Maior Developme~ Permit (last revised 1?J27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) I. G. Holdings, Llc I. G. Holdings Applicant 1: First Name MI Last Name Israel Golasa Applicant 2: First Name MI Last Name Price Family Irrevocable Trust Agreement If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 120 Kitty Hawk NC ZIP Country Phone No. FAX No. 27949 Dare 252 - 480 -0009 ext. 252 - 480 - 0889 Street Address (~f different from above) City State ZIP Email beachma rtinc@embargmail.com 2. AgentContractor Information Business Name Albemarle 8~ Associates, Ltd. Agent/ Contractor 1: First Name MI Last Name Jon Hain AgenU Contractor 2: First Name MI Last Name Mailing Address PO Box City State 3989 Kilt Devil Hills NC ZIP Phone No. 1 Phone No. 2 27948 252 -441 - 2113 ext. _ _ ext. FAX No. Contractor # 252 441 0965 Street Address (~f different from above) City State ZIP 115 W. St. Clair Street Kill Devil Hills NC 27948 _ Email jon_h@albal.us <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Dare 40494 NC Hwy 12 NC 12 Subdivision Name City State Zip N/A Avon NC 27915 - Phone No. Lot No.(s) (~f many, attach additional page with list) - - ext. , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Mill Creek 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 Pamlico Sound 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. Dare County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 225' 125,779 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (no-mal high water) or N/A, NWL (nom-al water level) (If many lot sizes, please attach additional page with a list) 3' ^NHW or ®NWL e. Vegetation on tract Predominantly cedar trees interspersed with live oaks. f. Man-made features and uses now on tract Shed & gravel parking area (former landscape business) g. Identify and describe the existing land uses adlacent to the proposed project site. All adjacent property is Gassified by Dare County as Commercial Highway or Commercial Village. The adjacent property to the north is used as a residential mobile home park, the adjacent property to the southeast is a retail complex, and the adjacent property to the southwest is a residential mobile home park. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? General Commercial (Attach zoning compliance certifipte, if applicable) ®Yes ^No ^NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ^Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ^Yes ^No ®NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ^Yes ^No ®NA National Register listed or eligible property? <Form continues on next page> Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit ., m. (i) Are there wetlands on the site? ^Yes ®No (ii) Are there coastal wetlands on the site? ^Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ^Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. none o. Describe existing drinking water supply source. none. The lot will be supplied by county water p. Describe existing storm water management or treatment systems. none 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ^PublicJGovemment ^Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Commercial retail store with one (1) attached 4-BR apartment and associated parking., 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. Construction details shown on plans, equipment as needed by contractor d. List all development activities you propose. Adding fill and grading lot, construction of 12,427 SF retail building with one (1) attached 4-BR apartment, paved parking area, stormwater management system and on-site wastewater system. e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resuRing from the proposed project? 111,394 ®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. none i. Will wastewater or stormwater tie discharged into a wetland? ^Yes ®No ^NA If yes, will this discharged water be of the same salinity as the receiving water'? ^Yes ^No ®NA j. Is there any mitigation proposed? ^Yes ®No ^NA If yes, attach a mitigation proposal. <Form continues on back> f Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnformation In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. /terns (a) - (iJ are ahvays applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. 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 work completed and proposed. c. 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 claims title to the affected properties. 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 mail. 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 A. Kay Chaplain Phone No. Address PO Box 1450, Virginia Beach, VA 23451 Name Ann Beckham Phone No. Address PO Box 220, Avon, NC 27915 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pemtittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property 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 Ad. ~ 7. Cert~cation and Permission to Enter on Land 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 ~%t U ~ Print Name Jon Hain ~ Signature /'~7 ~~ Please indicate application attachments pertaining to your proposed project. ^DCM MP-2 Excavation and Fifl Information ^DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ^DCM MP-4 Structures Information Additional Applicant: Patricia M. O'Neal, Trustee Danny Lee Price, Trustee Carolyn P. Paul, Trustee and Douglas J. Price, Trustee of The Price Family Irrevocable Trust Agreement 119 Brookdale Court Moyock, NC 27958 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbins 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 a. Type and number of buildings, facilities, units or structures proposed. 12,427 SF retail building with one (1) attached 4-BR apartment. c. Density (give the number of residential units and the units per acre). one (1) residential apartment, 0.34 units/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? ®Yes ^No ^NA (ii) If yes, list the date submitted: concurrently w/ this application b. Number of lots or parcels. 1 d. Size of area to be graded, filled, or disturbed inGuding roads, ditches, etc. 111,394 SF (2.56 acres) f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. concrete 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. 0% 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. 37.7% j. Describe proposed method of sewage disposal. On-site standard LPP system I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industriaU commercial effluent, 'tivash down" and residential discharges). none 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: Concurrently w/ this application 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 stormwater design? ^Yes ®No ^NA If yes, attach appropriate documentation. m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Dare County public water o. When was the lot(s) platted and recorded? January 6, 1989 n. (i) Will water be impounded? ^Yes ®No ^NA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ^Yes ^No ®NA i/~/z~o ? Date I. G. Holdings Project Name Jon Hain Applicant Name / ' ./ ~`7~~ Applicant Signa u T .a .9 ~~~ ~I u I~ITY a-~ D ARC ,.,o . ~-.9-~ . Platen#ng Department ~' ,, ~ ^R~,~r , ,0. box 1 "r~~, Mar~ie~~, North C;aroiina 2795Q I November 7, x007 J+~hn Haln ,~6-amarle Englneering P' 0. f9ax 39$9 10N Devl1 Hliis, NC 27948 gear~ohn: Iftwe reviewed the site plan and as ppredate you providing the additi< ~dthough the Dare County Zoning a~ srchemN, we stress the importance !tote coastal village atmosphere into iiiipnd communities value their villas f~uuilding practices of Hatteras island ire approved. copy of the site plan should be t}umpster location. A r~eparate review for ail signage to may be erected on the site and waft Dedicated park{ng areas gnnot be I JiAldir~s to dlsplay.produttsolong t #re not conducive tp the successful ~iocated to ad)oininQ properties or m~sures taken to avoid problems ~ ~'he site plan depicts a vegetative bu ~t adequate bt,ff~ring fs provided i bartlftcate bf occupancy is issued far Waded to supplement the vegets buffer. ' Dare County site plan approval wile ~edimontation Control have been s~ 'the appropriate Stott agencies, Manteo: (252) 47~~i-'~7~ KDH Satellite: (252) 4T8-871 ~ , 9uxton: (252} 475-~87~ { :fated information for the proposed IG Haldln~s property in Avon, NC . I ! it Inforrnatlan on landscaping and building deign as dart of the site plan. Hance does not intlude architectural standard 4or building design of paint ~ ~ ,/ N recognizing our caastAi village atmosphere .; !hope the i~ HotdlnEs wIH fa~toh e building materials and paint s~heme pianne~ far the Avon site. The Hetterps! heritage and any effort to incorporate the tratlitlonai architectural designs area to this proposed structure should be considerrrd befart the final building desi~n#; f dad to the Dare County Public Works office for their review of the proposed , '1 ;~ installed on the building and at the site will be necessary. One freestanding ~i~n ~nage may bt used to supp{ement the freestanding signs. ~ ' ~cked c-r used for the outdoor display of gooda, i am aware of the practice of PG storefront and along the parking areas. Thy windy candittons on Hatteras! i~d tdoar display of goods, especially beach goods that may become airborne an C S3. l encourage you to discuss this issue with the developer and appropr! t~ ;h outdoor displays. ' i er for the property and maintenance of this vlegetatlon will be necessary to ensare r the s~dJoining propsrtlas. 'I'bis vegetative I;uf'fer must be InstaHad before ale ~e structure and Its effectiveness confirmed by tfie Planning staff. Fendns rrha Ian undi such time that die vagetaticn is estabitshed $nd funtttons as an ade~u~te `' provided once alt the supplemental State peCmlts far stormwater, LAMA ,and fired. A copy of these permits should be provlCed to my af"Flco upon receipt ~rc~m if you have 8ny questions, please gIv~ me a call at 475-5873 Sincerely, . ~---- 7-X- ~-~ ~--~ Donna Creel Senior Planner ," L.Ar~iD ot= BE~INNINU :,.~y, __~~.p~TM~.. m r & ASSOCIATES, LTD. Riparian land owners for CAMA notification A. Kay Chaplain PO Box 1450 Virginia Beach, VA 23451 Ann Beckham PO Box 220 Avon, NC 27915 Engineering -- Surveying -- Land Planning P. O. Box 3989, 115 W Saint Clair St., Kil! Devi! Hills, NC 27948 Telephone: 252-441-2113 Fax: 252-441-0965 . ~ .: 'u~..YY~ a & ASSOCIATES, LTD. October 22, 2007 Via Certified Mail A. Kay Chaplain PO Box 1450 Virginia Beach, VA 23451 RE: 40494 NC 12, Avon, Dare County, North Carolina Dear Ms. Chaplain This letter is to inform you of a project being proposed on the above referenced property at 40494 NC 12. Avon, North Carolina_ The project will consist of a 12,220 SF retail building with an attached 4-BR apartment, concrete parking, and on-site wastewater system. Albemarle & Associates, Ltd. is acting as agent for I. G. Holdings, LLC and the Price Family Irrevocable Trust Agreement, for the procurement of this permit. The enclosed plan illustrates the planned development. The development of this property should not affect your property, however, CAMA regulations require that adjacent riparian property owners be notified by Certified Mail of the owner's development plans. You will have 30 days from receipt of this notice to provide any comment. Please direct any comments you may have to David Moye, CAMA Officer at (252) 948-3852, NCDENR, 943 Washington Square Mall, Washington, NC 27889. Should you have any questions, or require additional information in regards to this project, please don't hesitate to contact me directly as well. Since y, 6~~v~ n Hain Planner Enc. CAMA Permit Plan cc: File 7614A -Phase 122 Engineering -- Surveying -- Land Planning P.O. Box 3989. 115 W Saint Clair St.. Kil! Devil Nills, NC 27948 Telephone: 252-441-2113 Fax: 252-441-0965 ;~ ~, e m r a e & ASSC?CIATES, LTD. October 22, 2007 Via Certified Mail Ann Beckham PO Box 220 Avon, NC 27915 RE: 40494 NC 12, Avon, Dare County, North Carolina Dear Ms. Beckham: This letter is to inform you of a project being proposed on the above referenced property at 40494 NC 12, Avon, North Carolina. The project will consist of a 12,220 SF retail building with an attached 4-BR apartment, concrete parking, and on-site wastewater system. Albemarle 8~ Associates, Ltd. is acting as agent for I. G. Holdings, LLC and the Price Family Irrevocable Trust Agreement, for the procurement of this permit. The enclosed plan illustrates the planned development. The development of this property should not affect your property, however, CAMA regulations require that adjacent riparian property owners be notified by Certified Mail of the owner's development plans. You will have 30 days from receipt of this notice to provide any comment. Please direct any comments you may have to David Moye, CAMA Officer at (252) 948-3852, NCDENR, 943 Washington Square Mall, Washington, NC 27889. Should you have any questions, or require additional information in regards to this project, please don't hesitate to contact me directly as well. Sincerely, ~~~~ Jon Hain Planner Enc. CAMA Permit Plan cc: File 7614A -Phase 122 Engineering -- Surveying -- Land Planning P.O. Box 3989. 115 W. Saint Clair St.. Kill Devil Hills. NC 27948 Telephone: 252-441-2113 Fax: 252-441-0965 ~ - ~ , - - - ~ .. . .-. a ~ ~ ,~, ~ Postage $ ~ Certified Fee l~ k P t ~ mar os O Retum Reciept Fee (Endorsement Requred) Here l~ Restricted Delivery Fee „~ (Endorsement Required) r~ '~ Total Postage & Fees ent (,~ (( ' [~- - ---------°- S`freet Apt No.; , / G x No ' PO B . o or r ,r ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. A. Agent 1. Article Addressed to: ~. Kay ~QP~cz~n ~03ox l~so V ~ r~ ~ n i a ~2ac~ ,~ 3t{S ~ B ejv by (PrirtFed N m~~~ ~ %te of Del' ery r ~ / D. Is delivery ddress different from Rem 1? ^ Yes If YES, enter delivery address belowj^ o ~~ ~~ ~~ shy 3. ice Type Certified Mail ^ Express Mail ^ Registered ^ Retum Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (6rtra Fee) ^ Yes 2. Article Number -024 1160 2026 4218 0248. (transfer from service laben 102595-02-M-1540 PS Form 3811, February 2004 Domestic Return Receipt i17 <f1~:~~1~1~~1111I! ~ ~. ~ rU O ra fU ~ Postage $ `~ Certifietl Fee 0 ~ Postmark ~ Return Reciept Fee Here (Endorsement Required) O Restricted Delivery Fee ~ (Endorsement Required) r~ ~ Total Postage & Fees ~ Sent To % I 7 [~- Sheet, Apt. No.; -- orPOBOxNo. .~~} ~ 1~ ~~~~ G'ry, State, ZIP~4 r7 !~ V[-~~'? :.. .. ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~io,~, ~~ ~ ~ i~ A. Si a re X ^ Agent ^ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 11 ^Xes If YES, enter delivery address below: ///"f---i"' No 3. S~erv~' ~ Type ~Cert~ed Mail ^ F~cpress Mail ^ Registered ^ Retum Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number 704 1160 006 4218 0255 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt toz5s5-02-M-t5ao November 2, 2007 NCDENR 943 Washington Square Mall Washington, NC 27889 ATTN: Express Permit Coordinator RE: 40494 NC 12, Avon, Dare County, North Carolina To Whom It May Concern: I, Patricia M. O'Neal, Danny Lee Price, Carolyn P. Paul, and Douglas J. Price, trustees of The Price Family Irrevocable Trust Agreement, authorize Albemarle & Associates, Ltd. to act as agent for I. G. Holdings, LLC for all State Applications and Permits for the above referenced property, and allow any associated work to be performed on the site. Sincerely, Patricia M. O'Neal Douglas . Pnce cc: File 7614A -Phase 122 October 22, 2007 NCDENR 943 Washington Square Mall Washington, NC 27889 ATTN: David Moye RE: 40494 NC 12, Avon, Dare County, North Carolina Dear Mr. Moye: I, Israel Golasa, authorize Albemarle & Associates, Ltd. to act as agent for I. G. Holdings, LLC for all State Applications and Permits for the above referenced property. Sincerely, Israel Golasa cc: File 7614A -Phase 122 Zoning Code SECTION 22-25 -C-2 GENERAL COMMERCIAL DISTRICT The following regulations shall apply to the C-2 general commercial district: (a) Intent. The C-2 district is established to provide for the proper grouping and development of commercial facilities to serve permanent residents and the general public. (b) Permitted uses. The following uses shall be permitted by right: (1) Offices, including such uses as: a. Business. b. Financial. c. Governmental. d. Medical and professional. (2) Primary retail stores, including such uses as: a. Books. b. Cameras. c. Candy. d. Clothing. e. Craft goods. f. Dry goods. g. Drugs. h. Flowers. i. Gifts. j. Hardware. k. Hobby goods. c I. Jewelry. m . Leather goods. n. Magazines. o. Musical instruments. p. Notions. q. Sporting goods. r. Toys. s. Food stores. (3) Secondary retail stores, including sucl uses as: a. Antiques. b. Household appliances. c. Boat display and sales. (4) Service establishments, including sucl uses as: a. Barber and beauty shops. b. Marinas. c. Cafeterias. d. Churches. e. Dry cleaning and laundry pick-up stations, including Laundromats. f. Funeral homes. g. Motels and hotels. h. Parking lots. i. Radio and television broadcasting studios. 100 j. Restaurants. k. Shoe repair. 1. Theaters. Dare County -Land Usage m. Family child-care homes as defined in section 22-2. (Adopted 11-5-90) n. Residential child care centers as defined in section 22-2. (Adopted 11-5-90) o. Commercial child-care centers as defined in section 22-2. (Adopted 11-5-90) (~ Single-family dwellings, multi-family dwellings and duplexes, according to the dimensional requirements for the R-3 medium density residential district -six units per acre south of Oregon Inlet and 8 units per acre north of Oregon Inlet. These density standards were amended by the Dare County Board of Commissioners on December 3, 2003 from the previous dwelling density of 10 units per acre to the 6/8 standard. (~ Public and private schools. (~ County owned or leased facilities (c) Conditional Uses. The following conditional uses shall be permitted subject to the requirements of this district and additional regulations and requirements imposed by the Board of Commissioners as provided in Article IX of this chapter or Chapter 152 of this code: (1) Automobile service stations; provided, that no principal or accessory building shall be located within fifty feet of a residential use or district, that there shall be no storage of wrecked or abandoned cars and that no portion of a service station building, equipment or gas pumps shall be nearer than twenty-five feet to any right-of-way. (2) Public and private utility facilities. (d) Dimensional requirements. 1. Minimum lot size: Commercial lots shall be of sufficient size to meet the requirements of the County Health Department, to provide adequate siting for structures and to provide parking, loading and maneuvering space for vehicles as required by Article VII of this chapter. In addition, a visual buffer is required where a commercial use or zone abuts a residential use or zone. 2. Minimum front yard: =15 feet. 3. Minimum side yard: 10 feet. No side yard required if commercial building constructed with a common wall. An additional 5-foot yard adjacent to the street is required for a corner lot. 4. Minimum rear yard: 20 feet. 5. Maximum allowable lot coverage by principal use and all accessory structures: 60%. 6. Height limitation: 35 feet. 7. No building or other facility, such as parking areas, incinerators, trash collection areas, etc. ,shall be located nearer than 50 feet to boundaries of RS-1 districts. The width of a road and its right-of--way along such boundary may be included as part of all of the 50 foot separation zone. (11-20-75) art. 7, 7.10, 2-6-78, 3.) 8. Maximum gross building size: 20,000 square feet excluding decks, porches, and similar non-heated space. Non-heated space including decks and porches shall not be used as retail space, for the display of goods, or other commercial activities. Group developments with a maximum area of 20,000 square feet per individual building, excluding decks and porches. This gross building size limitation shall not apply to hotels and/or motels. (Adopted by the DCBC on May 6, 2002) (3) Seafood market. R1lW Book: 1161 Py~: Z!6 pap IA: ~~~ 00/24/TN2 0l:62Pt1 R~o1/Pt •: 61740 Duo CeW: OiED IIC dcolq TIa pa: f0.00 OARaANN R ORRY, REOIfTfiR OF Otif31~8 pgRE gyp, ~ EXEMPT DARE COUNTY TAX COLLECTOR No. ~fT I'~1- ~.~-. ~i1H I~ III ~~ Iq NNI ~ I'~ 6e6is t a : aaPn tea~clf'oi' an opinion on tide. s~y~PU.C, at Post Office Box 750, Avon, NC 27915 lie Village of Avon Excise Tax: $ This Decd has been prepared This imuumertt should be mailed bo the preparer, Dnu Parcel Identifies Number: 029801-000 Brief index NORTH THLS DEED OF GIFT is made this A DF~D OF GIFT 2002, by .`=;...JLF~11V B. PRIG~x.ufi4URt7ied =• <~ (hereinafter referred to:iit_ttie;_nettil~ s5-guhv as "the Gr7uity, c::•~ aifd,.~:`.i..: PATRICItk: Q'NEAL, Trustee, DANNY LEEPRICE, Trustee, CAROLYN P. PAUL, Trustee, and DOUGLAS d. PRICE, Trustee of THE PRICE FAMH,Y IRREVOCABLE TRUST AGREEMENT dated September 9, 2Q02 119 Brookdale Court Moyock NC 27958 (hereinafter referred to in the neuter singular as "the Grantee") WiTNESSETH, thatthe Granwr, for a valwble coa4iderationpaid bythe Grantee, ~horeceiptofwhich ishe~ebyadmowledged,has andby dteae presents does hereby give, grant, bargain, sell and convey unto the Grantee, its heirs, successors, adminishaturs and assigns, all of drat certain lot or parcel of }and situated trear the Village of Avon, Kimakeet Township of said Dare County, North Carolina, and more particnlariy descnbed as follows: Attached hereto and incorporated herein by reference as Exhibit A. The property herein described was acquired by the Grantor by deed recorded in Baok 333 at Page 659, in the Public Registry of Dare Couaty. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging tb the Grantee in fee simple. ~~~~~~IT~~ 4/2004 aa:62P1'1 The Grantor covensnb with the Grantee that Grantor is seized of the premises in fee sittzple, bas the right to convey the Sarre in fee simple, that tide is markerabk and free and clear of all encumbrances, and that Grantor will warrant and defend the tide against the lawful claims of all petaom whomsoever except for the following exceptions: Ad Valorem taxes for 2002 and all subsequent years. <`' _. . Snbjoct to nay eased and restrictive Ild WITNESS WHEREOF, the Grantor has NORTH CAROLINA, DARE COUNTY of morel m the Public Registry of Date County. JUAN B_ PRICE I, a Notary Ptrblic of the County and Slate aforesaid, certify that JUAN B. PRICE, Grantor, personally appeared before me this day and aclmowledged the execution of the foregoing irrc~n„nn.t ~(r nd and official ststap ar saal, this ~ day of September, 2002. ,, r...... -!~ ~i My Cottrmiasion Expires: ~; ~, ZZ~ Z chi _` ¢ . o: ,'m 4 '- 1 ~ ' ~ 4 . ru 1 Pnbfic /////,r~~~ 11111t1t1~t~~````` NORTH CAROLINA, DARE COUNTY The Faregoirtg Cerdfiate(s) of is/are certified to be correct This sad this certificate are duly registered at the date and tirtte and in the Book and Page shown on the fast page hereof. BARBARA M. GRAY REGISTER OF DEEDS FOR DARE COUNTY BY ` A ~ ~ 1 ~ ~X~L Deputy/A~ielselRegister of Dads 1 ~I I Inf ~QN ~I ~ IN" ~ ~I ~~i~immi ea: szvn Exhibit A Beginning at an existing iron pipe, said existing iron pipe being in and on the eastern edge of the 100 foot right of way of North Carolina 12, said beginning point being in and on the northwest corner of Lot No. 11 of Windsong Sands Subdivision as shown in Map Book 4, Page 25, Dare County Public Registry; from said beginning pRipt S 87° 21' S6" W across North Carolina Secondary Road 12 to an eatjst~g concrete monument; thence S 87° 21' S6" W 665.96 feet to are Ypon jullc~loGated on the dyke; thence N 15° 46' SS' E 232.30 feet tp ail, ion'pi~,••fhence S 86° 49' E 655.36 feet to an existing concretd~~iitorNrnep4~~~id existing concrete monument being on the western ettgia•tif::lffe._tfl4 foot right of way of North Carolina Highway 12; thence ~~ 86',49?::):::703.6 feet to an iron pipe; thence S 86° 49' E 503.15 feeE'ICi,arl=-icpgpipe, said iron pipe being in and on the northeast corner of:tFt3f:iot~~'.g2c~l of land now or formerly owned by A. G. Carroll; thegc~'~ ~°iZ°••.:(f8' 04" W 95.67 feet to an iron pipe; thence S 87° 21' S6"r~':53;1.5~ feet`to the pointaf~d place of beginning. Reference is Price, Tru County, ., to stele,>.it~::;,~c-... ~'r. Carroll, N~t4.Caro~iria,`' by W. M. r a."~cto~i~~ 8,1981, and` t ~, k'von, Kinnekeet ~AW Otis, Jr. & AsBtCiaf'es; o =which is heielsy ` tlnflt of the land being#~it?cia iegitiged "Survey for Hubert `=Kinitel0eet Township, Dare ~F:~r. & Associates, Surveyors, .being entitled "Survey for Dare County, North Carolina, ors, surveyed October 8,1981, more particular and precise The property hereinabove described being portion of the property acquired by Noah E. Price in instrument recorded in Book 26, Page 352, of the Dare County Public Registry, and shown in that certain survey entitled "United States of America, Plaintiff, vs Frank E. Britton, et al, certain lands on Hatteras Island, Dare County, North Carolina, Defendants", dated December 23 and 24, 1957, by P. F. Crank, Jr., Registered Surveyor. The above-described real property being sub}ect to a 10-foot easement as set forth in that Deed recorded in Book 324, Page 792, Dare county Public Registry. SEP-25-200 01:32P FROM:BERCH MART INC 2524800889 T0: 3386663 OFFER TO PTJRCHA5E AND CONTRACT -VACANT LOT/LAND P.2 .. NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and will not subdivide, It should not be used to sell subdivided property that has not been platted, properly approved and recorded with the register of deeds as of the date of the contract. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract (Form 2-T) with the New Construction Addendum (Form 2A3-T). I . G . Holding , LLC , as Buyer, hereby offers to purchase and The Price Family Irrevocable Truet, Carolyn P. Paul Truatoe , as Seller, upon acceptance of said offer, agrees to sett and convey, all of that plot, piece or parcel of land described below (hereafter referred to as the "Property"}, upon the following terms and conditions: I. REAL PROPERTY: Located in the City of Avon , County of Dare ,State of North Carolina, being known as and more particularly described as: $treetAddress dOd9d KC 12 HiQhrav Zip 27915 NOTE: Governmental authority over taxes, caning, school districts, utilities and mail delivery may differ from address shown. Subdivision Name DtA Plat Reference: Lot rIA ,Block or Section NA as shown on Plat Book or Slide NA at Page(s) NA (Property acquired by Seller in Deed Book NA at Page I!tA ). ~ All ^ A portion of the property in Deed Reference: Book 1451 Page No. 295 Dare County NOTE: Prior to signing this Offer to Purchase and Contract -Vacant Lot/Land, Buyer is advised to review Restrictive Covenants, if any, which may Limit the use of the Property, and to read the Declaration of Restrictive Covenants, By-Laws, Articles of Incorporation, Rules and Regulations, and other governing documents of the owners' association and/or the subdivision, if applicable. If the Property is subject to regulation by an owners' association, it is recommended that Buyer obtain a copy of a completed Owners' Association Disclosure And Addendum (standard fornt 2A12-T) prior to signing this Offer to Purchase and Contract, and include it as an addendum hereto. 2. PURCHASE PRICE: The purchase prices $ and shall be paid in U.S. Dollars. Should any check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall have one (l }banking day after written notice to deliver good funds to the payce. In the event Buyer does not timely deliver good fiords, the Seller shall have the right to terminate this contract upon written notice to the Buyer. The purchase price shall be paid as follows: (a) $10, 000.00 ,EARNEST MONEY DEPOSIT with this offer by Q cash ~ personal check Q bank check Q certified check Q other: NA to be deposited and held in escrow by Joan Louino Di:on ("Escrow Agent") until the sale is closed, at which time it will be crodited to Buyer, or until this contras is otherwise terminated. In the event: (1) this offer is not accepted; or (2) any of the conditions hereto ere not satisfied, then all earnest monies shall be refunded to Buyer. Tn the event of breach of this contract by Seiler, ail earnest monies shall be refunded to Buyer upon Buye,>'s request, but such return shall not affect any other remedies available to Buyer for such breach. In the evettt of breach of this contract by Buyer, then all earnest monies shall be forfeited to Seller upon Sellet~s request, but such forfeiture shall not affes arry other ranedies available to Seller for such breach. NOTE: Tn the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow, a licensed real estate broker ("Broker's is r~equirod by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain said earnest money in tha Escrow Agent's truss or escrow account until Escrow Agent has obtained a written release from the parties oansenting to its disposition or until disbursement is ordered by a cx5urt of competent jurisdiction. Altern~ively, if a Broker is holding the Earnest Money. the Broker may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.t3.S. §93A-12. Q (CHECK IF APPLICABLE) THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW ACENT MAY PLACE ANY EARNEST MONIES DEPOSITED BY BUYER Ilv AN INTEREST BEARING TRUST ACCOUNT, AND THAT ANY INTEREST EARNED THEREON SHALL BELONG TO THE ESCROW AGENT IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. Page 1 of 7 Ibis form joiady approved by: STANDARD FORM 12-T Nortb CaroUaa Bar Association ~ Revised 7/2007 To a Nortb Carolina Association of REALTORS, inc. ~' ,~ err ®7/2007 ~--~-~ Buyer initials ZG Seller initials f M ~ ~~ °f~~~ ~ t . ~ OiaEmh dry, William C Wood cad Aux. RP.ALrORSm 529 Soad~ RuQlw Blvd. Bli:abaut Cary, NC 27909 P6ona (252) ]3Jf .7653 Foe (757)113.9761 land Carol PwJ P,odroad vAN 1JpFann° D/ pE FomiNlat LLC 18025 FMWn YIY ru.d. CIIn10n 7ownMYp, Wdiprl ~]5 a/wr.zlelarm.a~n .SEP-25-2887 01:33P FROM: BEACH MART INC 2524888889 78:3386663 P.3 (b) $ NA , (ADDITIONAL) EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than NA , T/ME BEING OF THE ESSENCE WITH REGARD TO SAID DATE. (c) $ NA , OPTION FEE in accordance with paragraph 13, Alternative 2, to be paid to Seller on the Effective Date as set forth in paragraph 22. (NOTE: If Alternative 2 applies, then do not insert $0, N/A, or leave blank). (d) $ t~1 , BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum. (e) $ Np- , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (f) $ 1, 390 , 000.00 ,BALANCE of the purchase price in cash at Closing. 3. LOAN CONDITION: (a) Loan. Buyer must be able to obtain a ~ Conventional ^ Other: NA loan at a ~ Fixed Rate 0 Adjustable Rate in the principal amount of for a term of 30 year(s), at an initial interest rate not to exceed a .000 % per annum, with mortgage loan discount points not to exceed 1.000 % of the loan amount ("Loan"). (b) Loan Obligations: The Huyer agrees to: (i) Make written application for the Loan, authorize any required appraisal and pay any necessary fees within 3 days after the Effective Date; (ii) Promptly furnish Seller written confirmation from the lender of having applied for the Loan. RBuyer fails to furnish Seller written confimuttion from the lender of having applied for the Loan, Seller may make written demand for compliance. If Buyer does not furnish Seller written confirmation from the lender of application within five (5) days after such demand, then Seller may terminate this contract by written notice to Buyer at any time thereafter, provided Seller has not received either written evidence of the application or a waiver of the Loan Condition, and all Earnest Money shall be forfeited to Seller as liquidated damages and as Sellers sole and exclusive remedy for Buyer's failure to close, but without limiting Se{let's rights under paragraph 14 for damage to the Property_ Buyer further agrees to: (iii) Pursue qualification for and approval of the Loan diligently and in good faith; (iv) Cominualty and promptly provide requested doctmtentation to lender. (c) Inability to Obtain Laaa Apprnval: If Buyer has complied with Buyer's Loan Obligations (iii) and (iv) above, then within 30 days after the Effective Date (or any agreed-upon written extension of this deadline) TIME BEING OF THE ESSENCE, Buyer shall have the right to terminate this contract for inability to obtain Loan approval by delivering to Seller written notice of termination. If Buyer has timely delivered such notice, this contract shall be null and void and all Earnest Money shall be refunded to Buyer. If Buyer faits to deliver sudr notice, then Buyer will be deemed to have waived this condition.lTtereafter, if Buys fails to close based upon inability to obtain the Loan, then all Earnest Money shall be forfeited to Seller as liquidated damages and as Sellers sole and exclusive remedy for Buyer's failure to close, but without limiting Sellers rights under paragraph 14 for damage to the Property. (WARNING: Buyer is advised to consult with Buyers lender to assure that the number of days allowed for Buyer to obtain rho Loan is sufficient to allow Buyer's lender time to take sil reasonable steps necessary to provide reliable loan approval.) 4. FLOOD HAZARD DISCI.oSUItFJCONDITION (Choose ONE of the following alternatives): ~ To the bust of Sellers knowledge, the Property IS located partly or entirely within a designated Special Flood Hazard Area. Buyer understands that it may be necessary to purchase flood insurance in order to obtain any loan secured by the Property from any federally regulated institution or a loan insured or guaranteed by an agency of the U.S. Government. ^ To the best of Seller's knowledge, the Property IS NOT located partly or entirely within a designated Special Flood Hazard Area. If, following the Effective Date of this contract, it is determined that the Property is located partly or entirety within a designated Special Flood Hazard Area according to the current FEMA flood map, or if this contract is subject to a Loan Condition and Buyer's lender requires Buyer to obtain flood insurance as a condition of making the Loan, then in either event Buyer shall have rho right to terminate this contract upon written notice to Seller, and all earnest monies shall be refunded to Buyer. 5. OTHER CONDITIONS: (State N/A in tech blank that is not a condition to this contracx.) (a) There must be no restriction, easement, zoning or other governmental regulation that would prevent the toasonablo use of the Property fnr Corrosarcial purposes. (b) The Property must be in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. (c) The Property must appraise at a value equal to or exceeding the purchase price or, at the option of Buyer, this contract may be terminated and all earnest monies shall be refunded to Buyer, even if the Loan Condition has bcen waived as provided in paragnsph 3. 1f this contract is NOT subject to a financing contingency requiring an appraisal, Buyer shall strange to have the appraisal completed on or before ~- Page 2 of 7 STANDARD FORM 12-7 Revived 78007 Buyer initials SG Seller initials ~ ~ ~ ~ ~,"~~" `-'' ~ ~~ ®712007 PIOGUAtl wMh 7.~7F°rtn"' by RE FortNNM. LlC 18046 FrUMI MIN RoW. CMton Tow~eNp, MkJ+lpuf X809,4 www.xl°krm.eam tatil SEP-25-2007 01:33P FROM: BEACH MRRT INC 2524800889 T0: 3386663 P.4 (d}All deeds of mast, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (e) Title must be delivered at Ctosing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple marketable and insurable title, free of all encumbrances except: ad valorem taxes for the current year (prorated through the date of Closing); utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public right of way. 6. SPECIAL ASSESSMENTS: NOTE: For purposes of this agrcement, a "confirmed" special assessment is defined as an assessment that has been approved by a governmental agency or an owners' association for the purpose(s) stated, whether or not it is fully payable at time of closing. A "pending" special assessment is defined as an assessment that is under formal consideration by a governing body. Seller warrants that there are no pending or confirmed govemmerrtal special assessments for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' association special assessments, except as follows (Insert "None" or the identification of such assessments, ifany): NA Unless otherwise agreed, Seller shall pay all owners' association assessments and all govemmental assessments confimud through the time of Closing, if arty, end Buyer shall take title subject to all pending assessments disclosed by Seller heroin, if any. 7. PRORATTONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the parties or paid at Closing: (a) Ad valorem taxes on real property shall be prorated on a calendar year basis through the date of Closing; (b) All late listing penalties, if any, shall be paid by Seller, (c) Rents, if any, for the Property shall be prorated through the date of Closing; (d) Owners' association dues and other like charges shall be prorated through the date of Closing. Sailer represents that the regular owners' association dues, if any, are S ~+ per NA .Unless otherwise agreed, Buyer shall pay any fees required for obtaining account payment information on owners' association dues or assessments for payment or proration and any charge made by tine owners' association in connection with the disposition of the Property to Buyer, including any transferand/or document fee imposed by the owners' association. S. EXPENSES: Unless odherwise agreed, Buyer shall be responsible for all costs with respect to any loan obtained by Buyer, appraisal, title search, title insurance, retbrding the deed and for preparation and recording of all ittstrumertts requited to secure the balance of the purchase price unpaid at Closing. Sella shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this agreement, and for excise tax (revenue stamps) required by law. Seller shall pay at Closing $ NA toward any of Buyer's expenses associated with the purchase of the Property, including any 1?IiANA lender and inspection costs that Buyer is not permitted to pay, but excluding any portion disapproved by Buyer's lender. 9. EVIDENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date of this cornract, copies of all title infomation in possession of or available to Seller, including but not limited to: title insurance policies, atromey's opinions an title, surveys, covenants, deeds, notes and deeds of toast and easements relating to the Property. Seller authorizes (l) any attorney presently or previously represeming Sella to release and disclose arty title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; and (2) the Property's title insuror err its agent to release and disclose all materials in the Property's title insut~s (or title insurers agent's) file to Buyer and both Buyers and Seller's agents and attorneys. 10. LABOR AND MATERIAL: Seller shall famish at Closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor and materials, if any, famished to the Property within 120 days prior to the date of Closing have born paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom 11. CiASING: Ctosing shall be defined as the date and time of recording of the deed and shall be on or before November 15, 2007 (the "Closing Date"). All parties agree to execute any and all documents and papers necessary in connection with Closing and transfer of title on or before the Closing Date at a place and time designated by Buyer. The deed is to be made to I . G. Holeliacre , r Tr Page 3 of 7 STANDARD FORM 12-T y -Sz_ -~ %~~ ~ -~~~ Revised moos Bu er initials = Seller initials 'r~ ~ ~ A 7n007 RnQuaA wrh ZlpFam^' by RE FormtNd, LLC 18025 FlRwn ~ RoW, COt1tOt1 TartrMp, MkMpm 48035 f4W 5EP-25-2007 01:34P FROM: BEACH MART INC 2524800889 70:3386663 P.5 Absent agreement to the contrary in this contract or any subsequent modification thereto, the following tenors shall apply: If either party is unable to close by the Closing Date, then provided that the party is acting in good faith and with reasonable diligence to proceed to closing, such party shall be entitled to reasonable delay of the Closing Date and shalt give as much noticc as possible to the non-delaying party and closing agent. In such event, however, either party for whom the Closing Date is delayed shall have a maximum often (] 0) days from the Closing Date, or any extension of the Closing Date agreed-upon in writing, in which to closo without payment of interest. Following expiration of the ten-day period, the party not ready to close shall be responsible for paying to the other party (if ready, willing and able to close) interest on rho punthase prico at the rate of tight percent (8%) per annum accruing from the end of the ten-day period until closing occurs or the contract is terminated. Should the delay in closing continue for more than thirty (30) days from the last agreed-upon extension of the Closing Date, however, then the non-delaying patty shell have the unilateral tight to terminate the contract and receive the earnest money, but the right to such receipt shall not affect any other remedies available to the non-delaying party for such breach. CLOSING SaAI.L CONSTITUTE ACCEPTANCE OF TAE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 12. POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing. No alterations, excavations, tree removal or other such activities may be done before possession is delivered. Seller shall remove, by the date possession is made available to the Buyer, all personal property which is not a part ofthe purchase and all garbage and debris from the Property. 13. PROPERTY INSPECTTONM(VEST[GATION (Choose ONLY ONE of the following Alternatives): ~ ALTERNATIVE 1: (a) Soil, Water, Utilities And Environmental Contingency: This contract is contingent upon Buyer obtaining report(s) that (i) the soil is suitable for Buyer's Intended Use, (ii) utilities and water are available to the Property, (iii) them is no environmental contamination, taw, rule or regulation that prohibits, restricts or limits Buyer's Intended Use, and (iv) them is no flood hazard that prohibits, restricts or limits Buyer's Intended Use {collectively the "Reports"). All costs and expenses of obtaining the Reports shall be borne by Buyer. Buyer shall use Buyer's best efforts to obtain such Reports. If the Reports cannot be obtained, Buyer may terminate this contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by _ 10/26/07 that this condition cannot be satisfied, TIME BEING OFTIIE ESSENCE. (b) Sewer System (check only ONE): ^ Buyer has investigated the costs and expenses to install the sewer system approved by the Improvement Permit attached hereto as Exhibit A and hereby approves and accepts said Improvement Permit ^ Seller represents that the system has been it>stalled, which representation survives Closing, but makes no further representations as to the system. Buyer acknowledges receipt of the Improvement Permit attached hereto as Exhibit A. Buyer shall have the option of inspecting or obtaining, at Buyer's expense, inspection(s) to determine the condition of the system. If the system is not performing the function for which intended and is in nood of immediate repair, Buyer may terminate this Contract and the Earnest Money Deposit shall be refunded to Buyer. Royer waives this condition unless Buyer provides written notico to Seller by that this condition cannot be satisfied, TIME BEING OF THE ESSENCE. ^ This Comract is contingent upon ^ Buyer ^ Seller ("Responsible Party") obtaining an Improvement Permit or written evaluation from the County Health Department ("County") fora (check only ONE) ^ conventional or ^ other ground absorption sewage system fora bedroom home. Ali casts and expenses of obtaining such Permit or written evaluation shall be borne by Responsible Party unless othcrwise agreed, In any event Seller, by no later than , shall be responsible for clearing that portion of the Property required by the County to perform its tests and/or inspections. Responsible Party shall use best efforts to obtain such Permit or written evaluation. If tree Improvement Permit or written evaluaton from the County cannot be obtained by (date), either party may terminate this Contract and the Earnest Money Deposit shall be refunded to Buyer. ^ Buyer has investigated and approved the availability, costs and expenses to connect to a ^ public or ^ community sewer system. (c) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY 11IV ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. Page 4 of 7 Q ~`1 STANDARD FORM 12-7 Buyer initials Z~ Seller initials ~1 ,~'•~~~ v ~~ ~~ ~v! O 7/2007 ProAuu° wXh Z~FOnnA1 Oy RE F°rtn~NoL LLC 18026 FMINn MII~ R°eE, Ctlnlnn TawneHp, Mlddpn 18035 UpW SEP-25-2007 01:35P FROM: BEACH MART INC 2524800889 T0: 3386663 P.6 d ALTERNATIVE 2: (This Alternative applies ONLYifAlternative 2 is checked AND Buyer has paid the Option Fee.) (a) Property investigation with Option to Terminate: In consideration of the sum set forth in paragraph 2(c) paid by Buyer to Seller (not Escrow Agent) and other valuable consideration, the sufficiency of which is hereby acknowledged (the "Option Fee"), Buyer shall have the right to terminate this contract for any reason or no reasan, whether related to the physical condition of the Property or otherwise, by delivering to Seller written notice of termination (the "Termination Notice") by 5:00 p.m. on ~- , TTIifE BEING OF THE ESSENCE (the "Option Termination Date"). At any time prior to Closing, Buyer shalt have the right to inspect the Property at Buyers expense (Buyer is advised to have all inspections of the Property, including but not limited to those matters set forth in Alternative 1, performed prior to the Option Termination Date). (b) E:ercise o! Option: Tf Buyer delivers the Termination Notice prior to the Option Termination Date, TIME BEING OF THE ESSENCE, this contract shall become null artd void and all earnest monies received in connection herewith shalt be rofunded to Buycr; however, the Option Fee will not be rofunded and shall be retained by Seller. If Buyer fails to deliver the Termination Notice to Seller prior to the Option Termination Date, then Buyer will be deemed to have accepted the Property in its physical oondidon existing as of the Option Termination .Date; provided such acceptance shall not constitute a waiver of any rights Buyer has under paragraphs 3, 4 or 5 above. The Option Fee is not refundable, is not a part of any eamest monies, and will be credited to the purchase price at Closing. (c) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS 'i'IaEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 14. RIGAT OF ENTRY, RESTORATION AND INDEMNITY: Buyer and Buyer's agents and contractors shag have the right to enter upon the Property for the purpose of appraising and evaluating the Property, and performing the tests and inspections permitted in this contract. Buyer shall, at Buyers expense, promptly repair any damage to the Property resuhing from any activities of Buyer and Buyer's agents and contractors. Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property. This indemnity shall survive this contntct and arty termination hereof. Notwithstanding the foregoing, Seller shall be responsible for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Sellers negligence or willful acts or omissions. 15.OTHER PROV4SiONS AND CONDITIONS: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, 1F ANY, AND ATTACH HEREf O. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HERETO. (NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE AGENTS ARE NOT PFRMITI'ED TO DRAFT CONDITIONS OR CONTINGENCIES TO THIS CONTRACT.) ^ Additional Provisions Addendum (Form 2Al 1-T) ^ Loan Assumption Addendum (Form 2Ati-T) ^ Back-Up Contract Addendum (Form 2Ai-T) ^ Owners' Association Disclosure And Addendum (Form 2A12-T) ^ Contingent Sale Addendum (Form ZA2-T) ^ Seller Financing Addendum (Form 2AS-T) ^ FHANA Financing Addendum (Form 2A4-T) I~ OTHER: (a) Buycr (s) acluroaledaa Carol Paul is a NC real estate acNnt G trustee of The Prase Irrevocable Trust. (b1 Soe "Exhibit A^ addendum. 16. RISK OF IASS: The risk of loss air damage by fire or other casttalty prior to Closing shall be upon Seller. 17, ASSIGNMENTS: This contract may net be assigned without the written consent of all parties, but if assigned by agreement, then this contract shall be binding on the assignee and his heirs and successors. 1&TAX-DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect atax-deferred exchange in cmnnection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided furdrer, that anon-exchanging party shall not assume arty additional liability with respect to such tax-deferred exchange. Seller and Buyer shall execute such additional documents, at no cost to the non-exchanging party, as shall be required to give effect to this provision. (NOTE: ff Alternative 2 under paragraph l3 of this contract will apply, Seller should seek advice concerning the taxation ofthe Option Fee.) 19. PARTIES: This contract shall be binding upon and shalt inuro to the benefit of the parties, i.e., Buyer and Seller and their heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. Page S of 7 STANDARD FORM 12-T ` ~ ; ,- ? Revised 780117 Buyer initials Y~ Seller initials,, Ih "J ~C-'~f f~ ~ ~- ~ ~ ~>~ ®'1/Z007 Freeland wNh ZipFamO1 by RE FamMaL LLC 18026 FYt~at Mlk RorO, Cknon TowrnNp, MIcNp~n X8035 vnYw.zlorartrt.com ra~at SEP-25-2007 01:36P FROM: BEACH MART INC 2524800889 T0:33B6663 P.7 20. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fatly observed, kept or performed. 21. ENTIRE AGREEMENT: This contract contains the entire agroement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR® or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement betwcen them. 22. NOTICE AND EXECUTION: Any notice or communication to be given to a party herein may be given to tho party or to such party's agent. Any written notice or communication in connection with the transaction contemplated by this contract may be given to a party or a party's agent by sending or transmitting it to any mailing address, a-mail address or fax number set forth in the "Notice Address" section below. This offer shall become a binding contract {the "Effective Date") when signed by both Buyer and Seller and such signing is communicated to the offering party. This contract may be signed in multiple originals, all of which together constitute one and the same instrument, and the parties adopt the word "SEAL" beside their signatures below, Buyer ~ bas ^ has not made an on-site personal examination of the Property prior to the making of this offer. THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVIS)ON OF THIS FORM IN ANY SPECIFIC TRANSACTION. TF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN rr_ Date: Q - a ~ O ? Buyer 41AI~10ra- (SEAL) I. G. Holding, LLC Date: Buyer (SEAL) Date: 1f~ /o Seller~k;k;....,1'ti f Jf'i,KJ ~~ 1 ~ d ---~ (SEAL) The Price Family Irrevooab e T Date: /~ Seller / ~ /U~ ~SEAL} olyn P. Paul, Trustee NOTE: 1NSEItf THE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY WHICH ARE NOT APPROVED. BUYER NOTICE. ADDRESS: Mailing Address: P. a. eoa 12a. Bitty tta^><, izc 27949 BuyerFax#: (252)480-0889 , Buyer E-mail Address: beachmartinoi? earthlink .net SELLING AGENT NOTICE ADDRESS: Mailing Address: ra-. 4 SELLER NOTICE ADDRESS: Mailing Address: 134 BroolS Rids. Run. Llisab~th City, NC 27909 Seller Fax#: 5252) 338-6663 Seller E-mail Address: carolvaulQrilliatneaood. com LISTING AGENT NOTICE ADDRESS: Mailing Address: Nl-, Selling Agent Fax#: (NA) - Selling Agent E-mail Address: D1A Selling Agent Phone#: (NA) - Listing Agent Fax#: (NA) - Listing Agent E-mail Address: ~ Listing Agent Phone#: (tsA) - Page 6 of 7 STANDARD FORM 12-T Revised 7/2007 ®7noo7 Rotlund rrlMl 21pFam~ Dy RE FamYJeC LLC 18026 FN1Mn YIN ReM, CInOm TpW W11p, YlrlYpm 480,16 ~,~,~ f.rl SEP-25-2007 01:36P FROM: BEACH MART INC 2524800889 T0: 3386663 P.8 Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with the terms hereof. Date Film: Joan Louise Dixon sy: Signature) Tndividual Selling Agent/license # Carol Pau]. 117518 Firm Name: NA Acting as ^ Huyer's Agent ®Seller's (sub)Agent ^ Dusl Agent Tndividual Listing Agent/license # N~- Firm Name: NA Acting as ~ Seller's (sub)Agent ^ Dual Agent Page 7 of 7 STANDARD FORM 12-T Revised 7lZ007 © 7/1.007 PfoduGnd wMh IIpFam" Dy RE FormM1M, LLC 180Q6 FMr+ AIIM Raid, Ctracn TownMlp, MIGtlp~n 48036 y IaaY OCT-2-2007 a8:10A FROM: BEACH MART INC 2524880889 T0: 3386663 P.2 Beach Mart, Inc. PO Bog 120 Kitty Hawk, NC 27949 Phone (252) 480-0009 Fag (252) 480-0889 Email: beachmartinc ar,earthlink.net 9/soro7 To: The Price Family Irrevocable Trust, Carolyn P. Paul, Trustee Re: 40494 NC 12 Highway, Avon, NC 27915 Please be advised that I promise to pay $5000.00 for one year's rental income, if for any reason I am unable to go through with the purchase of the above property. I make this offer in good faith so you will require the tenant on the property to move immediately bat no later than 10/30/2007. I feel reasonably comfortable. that alt will be satisfactory with the property and we can proceed to build as soon as we close. If you have any questions or concerns with this promise please contact me. Sincerely, 4~'b~Ce~ Israel Golasa ~~~ ~ °~ C~~ e ;- ~~~~ ~f