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HomeMy WebLinkAbout20071981 Ver 1_Memorandum of Agreement_20071119•, aE coasrgr~r `,., DLM ~. _^ 'y~. ~xp o~ - t~8 I 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 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location Cyndi Karoly Division of Water Quality David W. Moye Express Permits Coordinator I~0 V 2 e zooT DENR - WArER WALITY ~1tANDg A.kp S iQRbM'ATE~ gH,gNGH 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 ftZ retail building with an v 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.neU An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT 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 -NIA 7. HABITAT DESCRIPTION: [AREA] DREDGED (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other X105,499 ft~ highground (D) Total Area Disturbed: ~ 105,499 ft2 (12.42 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 ofAvon 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 ap tens, 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 by the 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 ftz 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 ftz), 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 ftZ 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 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, parking, 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 parking lot. There is a canal towards 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 rear 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 standard 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 Dare 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 areas 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 are being applied for concurrently with this CAMA Permit Application. n ~ `,,e~aa-~en a~ ~ CA Sao ~'t~a~... '~~ ,• ~F S Q4 , ~ 3 ~' q c l~'L ~ DCM MP-1 ~~Q p rl - 1 C~ g l APPLICATION for Maior Development Permit (last revised i?J27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (ff 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 beachmartinc@embargmail.com 2. AgentContracfor Information Business Name Albemarle & Associates, Ltd. Agent/ Contractor 1: First Name MI Last Name Jon Hain Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 3989 Kill Devil Hills NC ZIP Phone No. 1 Phone No. 2 27948 252 -441 - 2113 ext. _ _ ext. FAX No. Contractor # 252 441 0965 Street Address (if 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) (rf 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 (nom-a/ high water) or N/A, NWL (normal water level) (lf 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 adjacent to the proposed project site. All adjacent property is classified 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 certificate, 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 rt 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 stone water management or treatment systems. none 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ^PubliGGovernment ^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 resulting 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 be 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> 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. Items (a) - (t) are always 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, Avan, 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, permittee, 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 owned 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. ~ 7. Certification 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 ~ fU ~ Print Name Jon Hain ~ Signature /~7~~ Please indicate application attachments pertaining to your proposed project. pDCM MP-2 Excavation and Fill 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 (Constnuction 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 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 b. Number of lots or parcels. d. Size of area to be graded, filled, or disturbed including 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 (ii) If yes, list the date submitted: concurrently w/ this application 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% h. Projects that require a CAMA Major Development Permit may also require a Stormwater Cert~cation. (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 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, "wash down" and residential discharges). none 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 i~ /z o Date I. G. Holdings Project Name Jon Hain Applicant Name / . -/ /`.7~~W Applicant Signa ur 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 ~U ` '~ IYID ,t~_~.. . r Pl~ttn#n~ Departrnerot ~'k',,<^R~,r g,O. Bo'K 1~u~, Marte~~, North ~;aroGna 27~5q hfoaeml~er 7, x007 John ~laln ,~I;aetnarlr~ Engineering P 0.8ax 3985 ~fl Devli Hlils, NC 27948 pear John: Iflave reviewed the site plan and as ppreclate you providing the addit+c Pugh the Mare County Zoning C~~ ACh+emst, wr stress the Importance Sit coastal •~iliage atmosphere into i8~lnd carnmunltles value their v#+lai buiid!ng practices of laatt~eras island are approved. ~ eapy of th* site plan should iae ~urnpster (oration. +A separate revlewv far ail slgnage to tnay be erected on the site and +roall Dfdirated parking areas cannot be t ~S3idirtgs to display products along t Isre not conducive tp the successful tgiocated rm ad}alning properties or measures taken to avoid prob{ems xhe site plan depicts a vegetative bu ~Itgt ade~u~ate buf'firing is provided 1 ~rttficate of occupancy fs issued for ba needed to supplar~ertt the v~eget: duffer. ;Kart County site plan approval w#11 4edlmentatiotz Cc~r~trol hava~ been s~ tf~e appropriate Stott agertictes. Manteo: (252) 47~-'~7~, ~, KDH Sateliite: (2521476•$8'1 , ; Buxton; (282} 475-,587~~ , ~. a: fared information fo. the proposed I~ Fioldirt~s property in Avon, NC . I '~ I Infor~matian on landscaping and building deign as dart of the site plan. lance does not Mtlude architectural standardz far building design yr paint ! { etagnizing our "coastAi v#Ilage atmosphere".; 'i hope the IG Hoidirtgs will fatl+tvF building materials and paint scheme planne'~ far the Avon site. The Histte~s' SeritaFie and any effort to +ncorparate the tragt~icsnaf architectural designs gntl o this proposed strunura sho~.ld be considerbd before the final building desfrr¢ led to the Dare County Public Wos•ks office fmr their review of the proposed I; ~ f !nstaifed on the building and at the site will b~ necessary. Orte freestanding sign ;Wage may be used to supplement the freestai'-ding signs. eked crr used for the cutdaor display of geode. I am aware of the practice of >~ storei'ront and along the parking areas, 1'h~ windy conditions on Hatteras! Ii~nd idaer dlspiay of goads, especially beaeh gaols that may become airborne on~ lie Y2. 1 encaarage yea to discuss this issue with the developer and apprapr-~t~ h outdoor dtspf ays. i~ !r far !.he property and maintenance of this vlr~etatlon will be necessary tv ensure f the z~dJaining properties. This vegetative b'u~Fer must he installed before the ie strudure~ and Its effectiveness confirmed by the Planning staff. fencing nha~ on u:~tii such time that tt'ie vegetation Is established and funttians as an ade~u to provided once ail the supplemental State permits for Btormvvater, CI~MA ,arid , rpd. A copy of these permits should be provided to my office upon receipt ~frc~m If you have any questions, please giv~? rye a all at 475-5873: 5interelyr, )- it-1:.. t ~,~-1..~ Donna Crezf Senior Planner ,'` LNtVD OF BEalf"~IPviiV~,~`' ~_-- ...~:_r .. _ - ~ ~ m r a e & 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.. Kill Devil Hilts. NC 27948 Telephone: 252-441-2113 Fax: 252-441-0965 :.-:.~ . ~;a; -. ~:~~ ° ,. ~, ~ex=_... __ & ASSOC[ATES, 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.. Kill Devil Nills, NC 27948 Telephone: 252-441-2113 Fax 252-441-0965 - _~ _~~ -}-_ t__~~.~ ~w_r a e & ASSOCIATES, 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 & 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 Panning P. O. Box. 3989. 115 W. Sairt Ctair St.. Kill Cevi! Hills. NC 27948 Telephone: 252-441-2113 Fax: 252-441-0965 ^ -~ CERTIFIED MAILTM REC€~P ~ ~ _ _ (Domestic Meil;Only; No Insurance Coverage.Prov~ded) ~_.____-.:_~____.s__..t~t~w..-....w1.wi~s .~~un-.u. .tcnC-.MIDI.. ~:, k ,?`Sat j~.. _ A ~ ~:an ~ ~ . ) A:".n~: ~ Postage $ -~ Certified Fee ~ Postmark ~ ~ Retum Reciept Fee Here (Endorsement Required) O Restricted ddelivery Fee _p (Endorsement Required) r~ '~ Total Postage df Fees ~ , ~ Sent 1~,:~. Y t.__ ~ ~i,c~ k' --°_°_-----_° or PO Box No. i _ ~i >< City, ~S te, Z! ++7 i n ~ ~ _ rr} '`''' t ^ 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: ~ .Kay ~apla~ n ~p 3oX l~so r~; n i c~ ~ea~ t ~~ 3t{s l a 3 ejv by (Prirrfed N~tm~ a~ ~te of Deuuer D. Is delivery ddress different from item 1? ^ Yes If YES, enter delivery address below: ~ /~,~~~ ~~ t~ s~ 3. S ice Type Certified Mail ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number 7~~4 116 ~~~6 4218 X248 (transfer from service IabeQ 102595-02-M-1540 PS Form 3811, February 2004 Domestic Return Receipt ru a 9 I a - - ~ ~ Postage $ -b Certified Fee O P ~ ostmark ~ Return Reciept Fee Here (Endorsement Required) p ResVicted belivery Fee ~ (Endorsement Required) "~ Total Postage & Fees ~ Sent To ~ 7 [~ Street, Apt. No.; -' , -- orP08oxNo. -~'~ ~ ~ ~~~ Ciry, State. ?lF+4 ~i , . ~' ~ _____ ~r~ I . r /~ ., ~-, > t + cam` ~ ~~ ~~ ^ 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 X ^ Agent 1. Article Addressed to: ~-~~~~- ~ ~o ~~~ aa° B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item ~? ^, es If YES, enter delivery address belowf No 3. S~erv~e Type Id Certrfied Mail ^ Express Mail ^ Registered ^ Retum Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number 7004 1160 006 42-,`18 X255 (transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 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 c ,---~~ 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 cs~2~ ~~P-~~ 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 sucl: 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 suct 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) (5~ 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. (6) Public and private schools. ('n 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. ' ~ Fl1W ltaok: 1467 Py~: 2g6 ppo Id: 6076660 00/24/2602 tq:62PM Riot 6: 61720 Doo Cow: GEED KC tixo/u T~z pd: f0.00 OaROARR P CRRY. REGISTER Of DEFDS DIME (b, tiC II ~~ III I u~ ~~ ~ II~ ~~27~r2~6'6s as : a2Pn EXEMPT DARE (AUNTY TAX COLLECTOR No. TI IrI - ~~_. This Deed has been prtpared withotita title `tpear9B'oi` an opinion on title. This in9trnroerlt should be mailed to the prepazer, Dixonr;3Siifbp`8c C>tsiiy~PLLC, at Post Office Box 750, Avon, NC 27915 Brief Index Desca'ipSiian: ~arCel ~ the Village of Avon Pazcel Identifier Number: 029801-000 _ _ _ Excise Tax: $ A THIS DEED OF GTFI' is made this `~ ~ _day.6b~tpft!tnber, 2002, by . '~.,•..JU13N B. PRICE~ur1'ied (hereinafter refentd to:s'R•tliit;niStti~.sb!gu~r as "the Grttiila" gild ~~`~'~ .: ~' ' PATRICIAc;IyC:Q'NEAL,Tnistee, DANNY LEE PRICE, Trustee, CAROLYN P. PAUL, Trustee, snd DOUGLAS J. PRICE, Trustee of THE PRICE FAMILY IRREVOCABLE TRUST AGREEMENT dated September 9, 20(12 119 Brookdale Conrt Moyock NC 27958 (hert;inafter referred to in the ncutcr singular as "the Grantee") WIINESSETH, that the Grantor, for a vahrable consideration paid by the Grantee, the retxipt ofwhich is hereby acJmowkdged, has and by these presents does hereby give, grout, bargain, sell and corrvey unto the Grantee, its hens, successors, administrators and assigac, all of that certain lot or parcel of hind situated heat the Villagc of Avon, Kinrraltcet Township of said Dare County, North Carolina, and more particularly described ~ follows: Attached hereto and incorporated herein by reference as Exhibit A. The property herein desrnbed was acquired by the Grantor by deed recorded in Book 333 at Pagt 659, in the Public Registry of Dare County. TO HA VE AND TO HOLD the aforesaid !ot or paccel of land and all privileges and appurtenances thereto belonging to the Grantee in fec simple. ~~~ ~~m ,N' '~ ~ ~~ ~ ~~ 09 24~ t 08: 52PM The Grantor wvenanb with the Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same 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 persons whomsoever except for the following excepdoos: Ad Valorem taxes for 2002 and all subsequent years. <' ,: 2. Subject to any easements and restrictive IN WITNESS WHb'REOF, the Grantor has NORTH CAROLINA, DARE COUNTY of record m the Public Registry of Dare County. JUAN B. PRICE I, a Notary Public of the County and Slate aforesaid, certify that JUAN B. PRICE, Grantor, personally appeared before me this day and acknowledged the execntioo of the foregoitrg inatn,mrnt ~(~ and official stamp or seal, this ~ day of Septen~er, 2002. \\`\\`~~~ O ~ r'rrr~'. Q- ,' J . 't My Commission Expirss: ~;~, ZZ~ Zc'~. = ¢ - a m ; O a ~ 7 U `L ~ 4 ~ PnbhC ~~ii . ~Q ..o`~ NORTH CAROLINA, DARE COUNTY The Foregoing Certificate(s) of l.~(1~111~ t 1 ru.s r C~ (~I~[1 t -~__Q~hl ~t A~ bQR4 C~ r Cll. is,are ~~tis~a to be correct This iashummt and this certificate are duly registered at the date and time and in the Book and Page shown on the fast page hereof. BARBARA M. GRAY ~ ~ ' / REGISTER OF DEEDS FOR DARE COUNTY BY ~ ~ •~.A_.= y ~ WLQ Deputy/~,.~eRcgister of Deeds i~~~~~~i~W~~~~~n~mi ~N.;~~ 0a ~~ 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 comer of Lot No. 11 of Windsong Sands Subdivision as shown in Map Book 4, Page 25, Daze County Public Registry; from said beginning pmt S 87° 21' S6" W across North Carolina Secondary Road 12 to an eiiisting concrete monument; thence S 87° 21' S6" W 665.96 feet to a;r fFOa ~up~c~iocated on the dyke; thence N 15° 46' SS' E 232.30 feet tQ an ion~pi~r~-~ce S 86° 49' E 655.36 feet to an existing concrete:, iitorniruen4-asaid existing concrete monument being on the western etlger-tif:lltielflQ foot right of way of North Carolina Highway 12; thence ~~ 86°~.4~'~:~ i03.6 feet to an iron pipe; thence S 86° 49' E 503.15 fee€~t~:ad:.:irDU?pipe, said iron pipe being in and on the northeast corner of:#FtaF:lot'-~r•.gat:c~l of land now or formerly owned by A. G. Carroll; thercc;~=~~2°,:(~' Q4" W 95.67 feet to an iron pipe; thence S 87° 21' S6';~:5~,1.Si) fedf`io the pointaitdplace of beginning. Reference is llgret~y..'f~aele to fvvo surveys, :¢jire:.pitit;ed "Survey for Hubert Price, Trusted,>~i~'=.14;..~. Carroll, qig.~`<ICiiiitelgeet Township, Dare County, fiiuet3~.C~aroliria,'' by W. M. Me~ktttsF;~r. & Associates, Surveyors, y-ur~,ey~"6~,"~ctoTics` 8,1981, and' the'°~t#~:be~g entitled "Survey for Hubeit::Pric~ EY'vAn, Kinnekeet 7'Awnslii~s'iJate County, North Carolina, by"W.~~I<:NI,Qeki4is, Jr. & AsBtGiafes,'~Su~vCyors, surveyed October 8,1981, ieP~rettce; YQ ~ivhich is he~etiy' pga¢e:~ :For more particular and precise descrio€io~ of the land being~ri,[14onveyed. 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-25-2007 01:32P FR~M:BERCH MART INC 2524800889 T~:3386663 OFFER TO PURCHASE AND CONTRACT -VACANT LOT/LAND P.2 NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use end 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 Pric® Family Irravoaable Trust, Carolyn P. Paul, Truate® , as Seller, upon acceptance of said offer, agrees to sell 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: 1. REAL PROPERTY: Located in the City of Avon , County of Dare ,State of North Carolina, being known as and mare particularly described as: Street Address dOd9d NC 12 Highway _ Zip 27915 NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown. Subdivision Name DIA Plat Reference: Lot 11P, ,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 NA ). ~ All ^ A portion of the property in Deed Reference: Book 1451 Page No. 295 Daro 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 campleted Owners' Association Disclosure And Addendum (standard form 2A12-T) prior to signing this Offer to Purchase and Contract, and include it es an addendum hereto. 2. PURCHASE PRICE: The purchase price is $ and shall be paid in U.S. Dollars. Should any check or outer funds paid by Buyer be 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 good funds to the payce. In the event Buyer does not timely deliver good funds, 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 ~ cash ~ persona! check ^ bank check certified check Q other: NA to be deposited and held in escrow by Jealr2 Louise Dixon ("Escrow Agent") until the sale is closed, at which time it will be crodited to Buyer, or until this contnut 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. In the event of breach of this contract by Seller, all earnest monies shall be refunded to Buyer upon Buycr's tequcst, but such return shall not affect any other remedies available to Buyer for such breach. In the event of breach of this contract by Buyer, then afl earnest monies shall be forfeited to Seller upon Seilet's request, but such forfeiture shall not affect any other remedies 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 rest estate broker ("Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees} to retain said earnest money in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker is holding the Earnest Money. the Broker may deposit the disputed monies with the appropriate cleric of court in accordance with the provisions of N.C.Q.S. §93A-12. ^ (CHECK IF APPLICABLE) THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW ACENT MAY PLACE ANY EARNEST MONIES DEPOSITED BY BUYER IN AN INTEREST BEARING TRUST ACCOUNT, AND THAT ANY INTEREST EARNED THEREON SHALL BELONG TO THE ESCROW AGENT IlV CONS1mERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. Page t of ~ Tbls form Jointly approved by: STANDARD FORM 12-T ® North CaroUna B>Ar Aasoclatloa = Revised 7/2007 AEALTOR° North Carolina Association of REALTORS®. inc. ~ ,~ ®7/2007 Buyer initials ~G Seller initials f~M Cv ~ ~.f ~ ~`- ~ ~~' 0ia~ath City, Willem E Wood Ind Aa1a., REALTORSm 319 Somh Hughes alvd. BliabmA Ciry. NC 27909 P6ona: (232) 331.7653 Fac (737)113.9761 lv,d Carol Mel Piod„erd Wti ZlpFOim^ D,r RE FOtmeWt LLC 18025 FlRetsn Mlle RaW, glneon TownWp, IYddpm <8J95 waw.zfnlvm.mm SEdP-25-2007 01:33P FROM:BERCH MART INC 2524800889 T0: 3386663 P.3 (b) $ NA , (ADDITIONAL} EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than NA ,TIME BEING OF THE ESSENCE WITH REGARp TO SAID DATE. (c) $ NA ,OPTION FEE in accordance with paragraph 13, Alternative 2, to be paid to Seiler 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) $ rB+ , BY ASSUMP'I'lON of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Propert}+ 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 ^ Adjustable Rate in the principal amount of for a term of 30 year(s), at an initial interest rate not to exceed 8.000 % per annum, with mortgage loan discount points not to exceed 1.000 % of the loan amount ("Loan"). (b) Loan Obligations: The Buyer 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. If Buyer fails to furnish Seller written confirmation from the lender of having applied for the Loan, Seller may make written demand for compliance. If Buyer does not furnish Seller written confimtation from the lender of app{icatioa within five (S) 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 Seller'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) Continually and promptly provide requested documentation to lender. (c) Inablllty to Obtala Loaa Approval: If Buyer has complied with Buyer's Loan Obligations (iii) and (iv) above, than 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 Boller written notice of termination. 1f 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 sudt notice, then Buyer will be deemed to have waived this condition. Thereafter, if Buyer fails to close based upon inability to obtain the Loan, then all Earnest Money shall be forfeited to Seller as liquidated damages and as Seller's sole and exclusive remedy for Buyer's failure to close, but without limiting Seliet's rights under paragraph 14 for damage to the Property. (WARNING: Buyer is advised to consult with Buyer's lender to assure drat the number of days allowed for Buyer to obtain the Loan is sufficient to allow Buyer's lender time to take all reasonable steps necessary to provide reliable loan approval.) 4. 1P'ft.00D HAZARD DISCLOSURE/CONDITION (Choose ONE of the following alternatives): ~ To the best 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 guarantced 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 paNy or entirely 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 the right to terminate this contract upon written notice to Seller, and ail earnest monies shall be refunded to Buyer. 5. OTHER CONDTI'IONS: (State N/A in tech blank that is not a condition to this contracx.) (s) Then must be no restriction, easement, zoning or other governmental regulation drat would prevent dre reasonable use of the Property for Con~wrcial 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 been waived as provided in paragraph 3. If this contract is NOT subject to a financing contingency requiring an appraisal, Buyer shall arrange to have the appraisal completed on or before ~- Page 2 of 7, STANDARD FORM 1Z-T , Revised 78007 Buyer initials SCE Seller initials ~ ~ /-' _`> -~ / Pt°°Uq° WM Z1pF°rm^' by RE Fortn~Ne4 LLG 18026 Flnean Mlle R°e°, GOnI°n Townahlp, MkJJyen X0035 wWw.zb}ORn.c°m [cd SEP-25-2007 81:33P FROM: BEACH MART INC 2524800889 T0: 3386663 P.4 (d) All deeds of trust, liens end other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (e) Title must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple marketable and insurable title, free of all encumbrances except: ad valorem taxes for the current year (prorated through the date of Closing); utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; and such other encumbrances as may be assumed or specifically approved by Buyer. The Properly must have legal access to a public right of way. 6. SI'EC1AL ASSESSMENTS: NOTE: For purposes of this agreement, 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" spacial assessment is defined as an assessment that is under formal cansidenation by a governing body. Seller warrants that there are no pending or confirmed governmental 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, if any): NA Unless otherwise agreed, Seller shall pay all owners' association assessments and all governmental assessments confirned through the time of Closing, if any, and Buyer shall take title subject to alt pending assessments disclosed by Seller heroin, if any. 7. PRORATTONS AND AD.IUSTMENTS: Unless otherwise provided, the following items shall be prorated and wither 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) A!I late listing penalties, if any, shell 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. Seller represents that the regular owners' association dues, if any, are $ N7a 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 the owners' association in connection with the disposition of the Property to Buyer, including any transfer and/or document fee imposed by the owners' association. 8. EXPENSES: Unless otherwise agreed, Buyer shall be responsible for all costs with respect to any loan obtained by Buyer, appraisal, title search, title insurance, recording the deed and for preparation and recording of all instruments required to secure the balance of the purchase price unpaid at Closing. Seller shall pay far 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 $ rU- toward any of Buyer's expenses associated with the purchase of the Property, including any FHANA 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 possiblo after the Effective Date of this contract, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property. Stiller authori2es (1) any attorney preverttly or previousty representing Seller w 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 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 bath Buyer's and Sellor'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 6ocn paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. 11. CLOSING: Closing shall be defined as the date and time of recording of the deed and shall be on or before November 15, 2007 (the "Closing Dete"). 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 Holdincre TTr Page 3 of 7 STANDARD FORM 12-T /~ ~ ~3 ~ Revised ~noo7 Buyer initials ~ Seller initials '-h '~ r ~ .,_ f~ ®7n007 ProdupA wAh Zlpfortn"' by RE FormtNal, LLC 18023 FMt~an AUN Ro~C, COnta1 Tartmhip, MicMp~n 48035 www.zbrartn.com isW SErP-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 terms shall apply: If either parry 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 shall give as much notice 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 (l 0) days from the Closing Date, or any extension of the Closing Date agreed-upon in writing, in which to close without payment of interest. Following expiration of the ten-day period, the party not ready to close shall be responsible far paying to the other party (if ready, willing and able to close) interest on the purohase price at the rate of eight 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 party shall have the unilateral right 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 SHALL CONSTITUTE ACCEPTANCE OF THE PAOPERT_Y_ IN ITS THEN EXISTIN_G_CONDTTION UNLESS PROVISION IS OTHERWISE MADE IlY 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 of the purchase and al] garbage and debris from the Property. 13. PROPERTY INSPECTION/INVESTIGATION (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 Buyers intended Use, (ii) utilities and water are available to the Property, (iii) there is no eavironmentai contamination, law, rule or regulation that prohibits, restricts or limits Buyers Intended Use, and (iv) there is no flood hazard that prohibits, restricts or limits Buyer's Intended Use (collectively the "Reports"). All costs and expenses of obtaining the 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 OF TIIE ESSENCE. (b) Sewer System (check only ONE): Q 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 installed, 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 shalt 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 far which intended and is in Hoed of immediate repair, 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 that this condition cannot be satisfied, TIME BEING OF THE ESSENCE. ^ This Contract 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. All costs and expenses of obtaining such Permit or written evaluation shall be borne by Responsible Party unless otherwise agreed. In any event Seller, by no later than shall be responsible for clearing that portion of the Property required by tho County to perform its tests and/or inspaxions. Responsble Party shall use best efforts to obtain such Permit or written evaluation. If the Improvement Pttmit or written evaluation from tfie 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 Q public or ^ community sewer system. (c) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. Page 4 of 7 STANDARD FORM 12-7 c , . ~~ ~ ~~ ~ ~ Revlaed 72007 Buyer initials ~G Seller initials U-~1--j~- ~%•~- ®7/2007 Protlucetl with ZlpFOrm °' oY RE F°hnaNol. LLC 18026 FdINn Mlla Rmtl, Ctlntnn TownMlp, MlchtOrt 48035 7mE0lrSIP~ lmd SEP-25-2(707 (71:35P FROM: BEACH MART INC 2524800889 T0: 3386663 P.6 ^ ALTERNATIVE 2: (This Alternative applies ONLY if Alternative 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 reason, 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 ~7+ ,TIME BEING OF THE ESSENCE (the "Option Termination Date"). At any time prior to Closing, Buyer shall 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) Ezercise of Option: If Buyer delivers the Termination Notice prior to the Option Termination Date, TIME BEING OF THE ESSENCE, this contract shall become null and void and all earnest monies received in connection herewith shall be refunded to Buyer; however, the Option Fee will not bo refunded 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 condition existing as of the Optian 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 earnest monies, and will be credited to the purchase price at Closing. (c) CLOSING SHALL CONSTTTUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 14. RIGHT OF ENTRY, RESTORATION AND INDEMNITY: Buyer and Buyers agents and contractors shall 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 Buyer's expense, promptly repair any damage to the Property resulting from any activities of Buyer and Buyers 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 es a result of any activities of Buyer and Buyer's agents and contractors relating to the Property. This indemnity shall survive this contract and arty termination hereof. Notwithstanding the foregoing, Seller shall be responsible for any loss, damage, claim, suit or cost arising out of pia-existing conditions of the Property and/or out of Sellers negligence or willful acts or omissions. 15.OTHER PROVISIONS AND CONDITTONS: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF TH1S CONTR.At~ l', )F ANY, AND ATTACH HElth'TO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HERETO. (NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE AGENTS ARE NOT PERMITTED TO DRAFT CONDITIONS OR CONTINGENCIES TO THIS CONTRACT.) ^ Additional Provisions Addendum (Form 2A11-T) ^ Loan Assumption Addendum (Form 2Ati-T) ^ Back-Up Contract Addendum (Form 2A I-T) (~ Owners' Association Disclosure And Addendum (Form 2A12-T) ^ Contingent Sale Addendum (Form ZA2-T) ^ Seller Financing Addendum (Form 2A5-T) ^ FHANA Financing Addendum (Form 2A4-T) OTHER: (a) Suyor(s) acltrtowladae Carol Paul is a D]C real agitate avant G truatae of The Pricy Irrevocable Trust. (b) Sao "Exhibit A" addendum. ]6. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. 17. ASSIGNMENTS: This contract may not be assigned without the written consent of all parties, but if assigned by agreement, then this contract shall be binding on the assignee and his heirs and successors. 18. TAX-DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect atax-deferred exchange in connection 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 far all additional costs associated with such exchange, and provided further, that anon-exchanging party shall not assume any edditionai liabiiity 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: If Alternative 2 under paragraph l 3 of this wntract will apply, Seller should seek advice concerning the taxation of the Option Fee.) ]9. PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties, i.e., Buyer and Seller and their heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. Page 5 of 7 STANDARD FORM 12-T ~ ._~ Revised 7/2007 Buyer initials ~_ Seller initials,#~ In "4 _ ~-i`f ~f~ " ~- ~ ~ ~> ~ ®7/2(107 Prod~xad wtlh IIpForm°1 by RE Form~Nq, LLC 18026 FlR~rn Mlb RoiO, (~nlOn TowmMp, MlchtpYn 18035 ~ Ienel SEP-25-20(77 01:36P FROM: BEACH MART INC 2524800889 T0: 3386663 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 fully observed, kept or performed. 21. ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR® or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. 22. NOTICE ANA EXECUTION: Any notice or communication to be given to a party heroin 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 'Tlotice 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 ~ has ^ 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 T[iE 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. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT TT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN rr Date ~-as-o-r Buyer ~ (SEAL) Y. G. Holding, IS,C Date: Buyer (SEAL) Date: 1 L`~~ At°I Seller~~~:~~.~; ~ i`.~i',.,..i~ ,~~-" ~ ~ (SEAL) The Price Family Frrevoc~T Date: Seller - / e /L~~ ' ~SSAL} olyn P. Paul, Trustee NOTE: INSERT "THE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "NIA" FOR ANY WHICH ARE NOT APPROVED. BUYER NOTICE ADDRESS: Mailing Address: P. o. Hox 120, bitty xa.rk, rtc 27949 Buyer Fax#: L252)48t)-4889 Buyer E-mail Address: beachmartineN esrthlink .net SELLING AGENT NOTICE ADDRESS: Mailing Address: t~-, , Selling Agent Fax#: S,NA) - Selling Agent E-mail Address: IAA Selling Agent Phone#: (Pw) - SELLER NOTICE ADDRESS: MailingAddcess:l3d Brook iZidas Run. Llisab~ Citv. NC 279Q9 Seller Fax#: (252) 338-6663 Seller E-mail Address: carolx~aulQxilliaraeaaod. cam LISTING AGENT NOTICE ADDRESS: Mailing Address: Nl-, , Listing Agent Fax#: (NA) - Listing Agent E-mail Address: 2~- Listing Agent Phone#: (t1A) - Page 6 of 7 STANDARD FORM IZ-T Ravitred 7n007 ®~noo~ ProOuCgtl WOf 21pFortn "' Dy RE FOrmaNM, LLC 18026 FNtwn YilY RaW, C1n0on TOrrWdp, Yldd0~n 4B01CY, Ir~el SEP-25-2007 01:36P FROM: BEACH MART INC 2524800889 T0:33B6663 P.B Escrow Ageat ackaowiedges receipt of the earacst money and agrees to hold and disburse the same is accoMance with the terms hereof. Date Firm: Jaen Louise Dixon By: Signature) Tndividual Selling Agent/license # Carol Paul 117518 Firm Name: NA Acting as ^ Buyer's Agent ~ Seller's (sub)Agent ^ Dual Agent Tndividual Listing Agent license # NA Firm Name: TtA Acting as ~ Seller's (sub)Agent ^ Dual Agent Page 7 of 7 STANDARD FORM 12-T Revised 7/2007 ® 7/2007 Produced wNh ZWFortn"' by RE FamaNat, LLC 18026 FMaen Mlb Road, CLgcn TowW~4, Midtlpan 48033 'u]!6!!,~~ la.d OCT-2-2007 08:10A FROM: BEACH MART INC 2524800889 T0: 3386663 P.2 6~ ~x h~ hi~~ ~ 1/ Beach Mart, Inc. PO Boz 120 Kitty Hawk, NC 27949 Phone (252) 480-0009 Fax (252) 480-0889 Email: beachmartinc(a~,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 but no later than 10/30/2007. I feel reasonably comfortable. that all 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, ~~~~ Israel Golasa __.-- u.ti L~_~ . L ~ ~." 7 l~f ~ ~ 1 Cam' `~ ~~~ ~- G.; ~~-~ -~-