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HomeMy WebLinkAbout20141081 Ver 2_CAMA Minor Mod #104-14_20190423Strickland, Bev From: Pietila, Tanya K Sent: Tuesday, April 23, 2019 4:56 PM To: Hair, Sarah E CIV CESAW CESAD (US); Mairs, Robb L; Lewis,Linda Cc: Spears, Courtney; Dail, Jason Subject: CAMA Minor Mod #104-14, Robert Haag, North Topsail Beach Attachments: #104-14 Robert Haag, N Topsail Beach.pdf Hello all, Attached, please find a request for Minor Modification to state permit 9104-14, Robert Haag, 6702 13th Avenue, North Topsail Beach in Onslow County. If you have any questions or concerns, please contact Courtney Spears at courtney.spearsgncdenr.gov or (910) 796-7426. Have a good evening! Tanya Pietila Administrative Support NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: (910)796-7427 Tanya.Pietila@ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 6 NORTH CAROLINA Environmental Quality TO: Courtney Spears Major Permit Coordinator THROUGH: Debra Wilson, District Manager, FROM: Jason Dail, Field Representative, DATE: April 22, 2019 WiROQ" WiRO SUBJECT: Minor Modification Request CAMA Major Permit No. 104-14 Robert Haag 6702 13" Avenue, North Topsail Beach Onslow County ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director Mr. Robert Haag has submitted a request to modify CAMA Major Permit No. 104-14, which was originally issued on November 25, 2014, and later renewed on September 26, 2017. The permit is scheduled to expire on December 31, 2019. The permittee is requesting approval to expand the size of the lot, by combining/incorporating the square footage of the adjacent property located at 6708 13" Avenue, North Topsail Beach, which the permittee currently has under contract (offer to purchase agreement included). The proposal would allow for an increase in square footage of the permitted lot so that no high-density stormwater collection system would have to be installed to capture and treat stormwater runoff. Instead, the permittee could apply for and obtain a low-density stormwater permit with a larger lot size. As proposed, if the two lots were to be combined, the percentage of impervious coverage on the property would be reduced from 24.3% to 12.7% within 0.5 miles of SA-ORW. By incorporating the 6708 131 Avenue property, the permittee would add an additional square footage allowance to the development plan but states no additional development would occur on the 6708 13" Avenue property. However, the anticipated wetland ("404" type) would increase slightly from 0.067 acres to 0.070 acres, well below the 0.10 -acre threshold, which was authorized under the subject CAMA Major permit. The Corp Action ID number for the permitted project is identified as AID: SAW -2013-1311. Based on the information provided, regarding the minor modification request (plans and documents), there does not appear to be any additional impacts to any wetlands, and the size/footprint of the development plan should be reduced based on the size of the combined lots. Additionally, the proposed changes would occur within the previously approved development footprint. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 Robert Haag Page 2 April 22, 2019 CAMA Major 104-14 At this time, this office has no objection(s) to this renewal request. The applicant has submitted a check (No. 1378) in the amount of $100 to cover the processing fee. By copy of this memo, DCM is requesting that the USACE, NC DWR, and NCDEMLR - Stormwater Section provide any comments that your agency may have on the proposed project to Courtney Spears of DCM's Wilmington office within 14 days of receipt of this memo cc: Wilmington Files MHC File, DCM Liz Hair (COE) Robb Mairs, DWR Linda Lewis, DEMLR - Stormwater To: Jason Dail A�? l z-- , g From: Robert Haaa This letter is providina additional information that was reauested for a minor modification to CAMA Permit No. 104-14. as discussed in vour email from Max' 27. 2019. Because additional information was reauested. the entire minor modification packaae was returned to me. I have obtained the reauested information. This information. alona with documents provided in the initial minor modification packaae are submitted for vour review. The followina new/ revised documents are included in this updated minor modification packaae: - A copy of renewed CAMA permit No. 104-14 for lot 6702 13th Ave. North Topsail Beach dated September 26. 2017. - A Notification of Jurisdictional Determination (JD) from the Armv Corps of Enaineers for wetlands on lot 6708 13th Ave. North Topsail Beach. The date for the JD is April 9. 2019. - Fiaure 2 from the initial minor modification packaae has been updated to show area of the wetlands on lot 6708 as delineated by the Army Corps of Enaineers. It should be noted that while the proposed chanaes to the CAMA permit involve the addition of lot 6708 to my existina lot at 6702 13th Ave. there will be NO impact to lot 6708 by construction the proposed beach house. ALL areas of fill and actual footprint of the house. including the driveway will still be within the property lines of lot 6702. RECEIVED APR 15 2019 DCM WILMINGTON, NC To: Jason Dail From: Robert Haag This letter is requesting a minor modification of CAMA Major Permit No. 104-14. This permit involves the lot that 1 own at 6702 13th Ave in North Topsail Beach and the construct of a new single family house on the lot. The reason I needed a CAMA Major permit was due to wetlands on the property as designated by the Army Corps of Engineering. Because I received a CAMA Major permit, I was informed by the NC Department of Environment and Natural Resources (NCDENR) that I also needed a Stormwater Management Permit to allow construction of a house. I have been reviewing and researching options to address stormwater on my lot, based on the characteristics of the lot and the size of the planned house. Due to the small size of the lot, 5000 sq ft, a "High Density" stormwater management permit would be required. An engineering firm has been assisting in my review and preparation for this permit. After reviewing many different options, I have concluded that designing appropriate stormwater control measures which satisfy the requirements specified by NCDENR will be very difficult. It may be possible to design and install stormwater control measures for a high density permit, but I believe the complexity and cost of these measures would make this a poor choice. Therefore, my plans to obtain a stormwater management permit for 6702 13th Ave have changed recently. I am planning to double the size of the lot to 10,000 sq ft. by purchasing the adjacent lot (6708 13th Ave). This will allow me to pursue a low density stormwater management permit. Because I plan to purchase the adjacent lot which double the size of the new combined lot , I would like to move the position of the house (as specified in CAMA Permit No. 104-14). Several other small changes to the specifications in the CAMA permit are also being requested. The following changes to CAMA Permit No. 104-14 are requested: - The lot size will increase from 5000 sq ft to 10000 sq ft, by the purchase of an adjacent lot (6708 13th Ave). - The house size will increase from 24'X 36to 28'X 38' - The front porch will NOT be covered by the roof, but will be an "open porch". The area of the front porch will no longer contribute to the amount of impervious surfaces for the project. - The amount of impervious surfaces for the project will change from 1213.5 sq ft to 1270 sq ft. However, due to the increase in the size of the lot to 10,000 sq ft, RECEIVED MAP 2 2 7019 GCM WILMINGTON, NC the percentage of project that will be covered by impervious surfaces is reduced from 24.3% to 12.7%. - The area that fill will be placed in wetlands will increase from 2904 sq ft to 3036 sq ft. The width of fill material in wetlands will increase from 44ft to 46 ft. the depth of fill in wetlands remains the same, 66 ft. - The Army Corps of Engineers in Action ID: SAW -2013-01311 summarized the impact on wetlands from the original project details to be 0.067 acres. With the increase in fill area, the new impact on wetlands would be 0.070 acres. - The depth of fill material for the project is listed as approximately 18 inches in the CAMA permit. The revised specification for fill depth will be 12 to 24 inches. This will is a more accurate listing for fill required to ensure a level base for construction of the house. - The driveway area in front of the house (from the pavement on 13th Ave to the concrete pad under the house) will be built using #57 stone at a depth of at least 4 inches over a geotextile fabric. This will NOT contribute to the built upon area for the project. The driveway material currently specified in CAMA Permit No. 104-14 is "gravel and sod". The impervious surfaces for the project include: - The main structure of the house; 28 ft X 38 ft = 1064 sq ft - The roof over the landing for the exterior steps; 5ft X 7ft = 35 sq ft - The roof overhange is 15 inches wide and has 137 liner feet. The amount of impervious surface for the roof overhange is 1.25 X 137 = 171 sq ft. - The total amount of impervious surfaces for the project is 1270 sq ft Attached are three drawing from the CAMA application (listed as Figures 2, 3, and 4) which show the changes to the house location and size, fill areas, and the lot dimensions (marked in red). Also attached are the same drawings with the revisions incorporated. A copy of the contract to purchase lot 6708 13th Ave enclosed. Please note that my purchasing of this lot is contingent on successfully obtaining a change to the CAMA permit, obtaining a Stormwater Management Permit and a Building Permit from the Town of North Topsail Beach. RECEIVED MAR 2 2 2019 DCM WILMINGTON, NC NTATE O rSf{\35 3 3' I _ Iiit t +6 ^- De-partmivirt of Environmental Quality and Coastal Resoutc es Cornmission V er ml. I tf t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 — Excavation and/or filling pursuant to NCGS 113-229 Issued to Robert C. Haag, 891 Sanford Court, Marietta, GA 30068 Authorizing development in Onslow County at Stump Sound 6702 13a' Avenue, North Topsail Beach as requested in the permittee's application dated letter dated 6/12/17. This permit, issued on September 26, 2017 —Js subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) This renewal shall be attached to Permit No. 97-08, which was issued to the permittee on 11/25/14, and copies of both documents shall be readily available on site when a Division representative inspects the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 14-1081. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No. 2013-01311. NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. i ms permit action may De appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2019 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxt . Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee ru:tla6'tii Bili 891 Ban"i,i. N'Ariotta, QA 30068 Dear Sir or Madam: twAnfuN C. UAVIS M,eOor The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed .+it :year p:clixt pr pc. a; „ original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 1 13A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved, If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 2528082808 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2019-00614 County: Onslow U.S.G.S. Quad: NC -Spicer Bay NOTIFICATION OF JURISDICTIONAL DETERMINATION Applicant: Robert Haas! Owner: James Lane 1145 Timberland Dr 1268 Michigan Blvd Marietta, GA, 30067 Dunedin, FL 34698 Size (acres) 0.11 Nearest Town North Topsail Beach Nearest Waterway Stump Sound River Basin White Oak USGS HUC 03020302 Coordinates Latitude: 34.467838 Longitude: -77.474359 Location description: Property is located at 6708 13th Ave In North Tonsail Beach, Onslow County, NC. Property is 0.03 miles west of the intersection of Island Drive and 13th Avenue. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 4/9/2019. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are wetlands on the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated MAP DATE. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on SURVEY SIGNED DATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in in Wilmington, NC, at (910) 796-7215 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Rachel Capita at (910)-2514487 or Rachel.A.CanitoCa.usace.armv.mil C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 4/9/2019. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Actjurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M 15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A. ""It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence." Corps Regulatory Official: CAPITOAACHEL.ANN.153 opnaMsgm by 6276790 oaie: 20isas.ov1424:43� W Date of JD: 4/9/2019 Expiration Date of JD: N/A g Wi SIR ME A licant: Robert Haat! File Number: SAW -2019-00614 Date: 4/9/2019 Attached is: I See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A nj PROFFERED PERMIT Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E -150CTi(?N ,Thr fo, �avitttp �dpn( ales ynmir�H�ghts acrd tr(tio4s agar lwg n civ is rape +l o d $ abnVe dents Addrtmonai G`a%tmatic' a Y'P,(6404 p( ar t f/www ttsaee Brtltd fYmt Mtdstotls�Ctvrj W6rks/Aegt�Jatory2mroeratmi6ndf'enrdts_aSPx dr e.e teytxou if 3 1t - A: INITIAL PROFFERED PERMIT: You may accept or object to the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This forth must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new in£ommation. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. $£Cr[f?rI II , [JEST FOR.APPEAL or OBJECTIONV ANJNtnA£ pRQ _ t'tsRt4lr1" . REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. FONTO N AWrV UT15 Olt � _ tla�i. If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer Attn: Rachet Capito CESAD-PDO Wilmington Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room IOM 15 69 Darlington Avenue Atlanta, Georgia 30303-8801 Wilmington, North Carolina 28403 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant oragent. For appeals on Initial Proffered Permits send this form to: DIstrict Engineer, Wilmington Regulatory Division, Attn, Rachel Capito , 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 303034801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 4/9/2019 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Robert, Haag, 1145 Timberland Dr, Marietta, GA, 30067 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 6708 13th Ave, SAW -2019-00614 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Property is located at 6708 13th Ave in North Topsail Beach, Onslow County, NC. Property is 0.03 miles west of the intersection of Island Drive and 13th Avcilue. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County: Onslow City: North Topsail Beach Center coordinates of site (lat/long in degree decimal format): Latitude: 34.467838 Longitude: -77.474359 Universal Transverse Mercator: Name of nearest waterbody: Stump Sound E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: 4/9/2019 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitudereel) mal degrees) Longitudedegrees) degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources(i.e., wetland vs.non- wetland waters) Geographic authority to which the aquatic resource "maybe" subject (i.e., Section 414 or Section 10/404) Wetlands 34.467838 -77.474359 0.11 acre Wetlands Section 404 j _n, �WF} V. isisaiucer5 vuncvob iiiai there may ve junsdictionai aquatic resources in me review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2.l in any circumstance wnere a permit appitcant ootams an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AID, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "maybe" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: -.ar i=ry➢ reuVVK an tnar aunivi n.i:nnan.i F . nIi ni,nni.n.r i i Mans. Grans. mots or mar supmlttea ov or on cenarI or me rlti reouestor ] i i Lata Sneers nrenarea/suomittea by or on benan or the YJU reauestor. i i Lance aces not concurwrm tiara sneers/aetmeatton renon. tcauonare: >�. urcuarca OV rue tom; L corps navigable waters' study: Ll U.N. Geoiogicat Nurvev tivdroiowe tKi USOS NHD data. I t uSuS b and 12 d1Hit }IUC maps. iJ%J.S. Geological Survey map(s). Cite scale & quad name: N Natural Resources Conservation Service Soii Survey. Citation: USDA Soli Survey Onslow Counry— UNational wetlands inventory map(s). Cite L) State/local wetland inventory map(s):_ Ll FEMA/FIRM maps: Li 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) 0 Photographs: FgAerial (Name & Date): Google Earth, LiDAR or QOther (Name & Date): Li Previous determination(s). File no. and date of response letter: U Other information (please specify): tRiFP/1RTANT NIITR_• The:..r..�....,H--- rrgnrded on this form has not necessarily been verified by the Corps and should not be relied upon for later iurisdictional determinations. rn arrn onrrtr, ANN. 1536276790 °..................... ..... wig :a-W—C and date of Regulatory Signature and date of staff member completing PJD person reauestine PJD (REQUIRED, unless obtaining the signature is impracticable)' t Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the -- I.n,.I...a r±me �'^.me the rnah;et may presume concurrence and no additional follow up is necessary prior to finalizing an action. N OFFER TO PURCHASE AND CONTRACT - VACANT LOT/LAND LConsult "Guidelines" (form 12G) for guidance in completing this form] NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not have immediate plans to subdivide. It should not be used to sell property that is being subdivided unless the property has 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). u b., Y 4– L 1-4 A A Ci_ as Buyer, hereby offers to purchase and Ju m gAr J (_: %q , as Seller, upon acceptance of said offer, agrees to sell and convey, all of that plot, piece or parcef of land described below (hereafter referred to as the "Property"), upon the terms and conditions set forth herein. This offer shall become a binding contract on the date that: (i) the last one of the Buyer and Seller has signed or initialed this offer or the final counteroffer, if any, and (ii) such signing or initialing is communicated to the party making the offer or counteroffer, as the case may be. Such date shall be referred to herein as the "Effective Date." 1. REAL PROPERTY: Located in sn County, State of North Carolina, being known as and more particularly described as: nn Address: Street (p`] 1 }~ /"t ✓ e - City: rl"ti N t.a.., (� Zip Z. NOTE: Governmental authority over taxes, z Hing, school districts, utilities and mail delivery may differ from address shown. Legal Description: 1-9 S ld _S e A f-1 �/EN Subdivision Name: Plat Reference: Lot mon191 N ik 9 2 as shown on Plat Book or Slide at Page(s) (Property acquired by Seller in Deed Book at Page ). 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 form 2AI2-T) prior to signing this Offer to Purchase and Contract, and include it as an addendum hereto. 2. PURCHASE PRICE: The purchase price is $ 0—pawm — and shall be paid in U.S. Dollars. Should any check or other fiends 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 payee. 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 Pas follows: (a) $ EARNEST MONEY DEPOSIT with this offer by ❑ cash ❑ personal check ❑ batik check ❑ certified check ❑ other: to be deposited and held in escrow by ("Escrow Agent") until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated. In the event: (1) this offer is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be refunded to Buyer. In the event of breach of this contract by Seller, all earnest monies shall be refunded to Buyer upon Buyer's request, 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 all earnest monies shall be forfeited to Seller upon Seller's request, but such forfeiture shall not affect any other remedies available to Seller for such breach. NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow, a licensed real 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 clerk of court in accordance with the provisions of N.C.G.S. §93A-12. Page 1 of 7 ® This form jointly approved do North Carolina Bar Association � North Carolina Association of REALTORAia ��,�--Buyer initials �� ,- - Seller init STANDARD FORM 12-T Revised 7/2008 07/2009 RECEIVED MAR 2 2 '019 I)CM WILMINr:Tnto THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE ANY EARNEST MONIES DEPOSITED BY BUYER IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (b) $ ® (ADDITIONAL) EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE. (c) $ (} , OPTION FEE in accordance with paragraph 13, Alternative 2, to be paid to Seller on the Effective Date. (NOTE: If Alternative 2 applies, then do not insert $0, N/A, or leave blank). (d) $ 0 , 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) $ D , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (f) $ 0 , BALANCE of the purchase price in cash at Closing. 3. LOAN CONDITION: (a) Loan. Buyer's performance is contingent upon Buyer's ability to obtain a ❑ Conventional ❑ Other: loan at a ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of for a term of year(s), at an initial interest rate not to exceed % per annum, with mortgage loan discount points not to exceed % and with loan origination fee not to exceed % 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 NA 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 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 Seller's 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) Buyer's Right to Terminate: If Buyer has complied with Buyer's Loan Obligations in subsection (b) above, then within 1414 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 by delivering to Seller written notice of termination if Buyer, in Buyer's sole discretion, is not satisfied that the Loan will be approved and fimded. If Buyer has timely delivered such notice, this contract shall be terminated and all Earnest Money shall be refunded to Buyer. If Buyer fails to deliver such 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. If Buyer provides Seller reasonable third -party documentation confirming Buyer's inability to obtain the Loan, then the Earnest Money shall serve as liquidated damages and as Seller's sole and exclusive remedy for Buyer's failure to close, but without limiting Seller's rights under paragraph 14 for damage to the Property. (WARNING: Buyer is advised to consult with Buyer's lender to assure that 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.. FLOOD HAZARD DISCLOSURE/CONDITION (Choose ONE of the following alternatives): To the best of Seller's 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 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 all earnest monies shall be refunded to Buyer. 5. OTHER CONDITIONS: (State N/A in each blank that is not a condition to this contract.) (a) There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the Property for N a purposes. Pa e 2 RE�'EIVEU ANDARD FORM I2—T Buyer initials Seller initials Revised 7/2008 ® 7/2009 MA.R 0 o "nia DCM WILMINGTON, NC (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. -I-A / If this contract is NOT subject to a financing contingency requiring an appraisal, Buyer shall arrange to have the appraisal completed on or before N /,a (d) All deeds of trust, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (e) Title must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple marketable 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 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" 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 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): NJ n c Unless otherwise agreed, Seller shall pay all owners' association assessments and all governmental assessments confirmed through the time of Closing, if any, and Buyer shall take title subject to all pending assessments disclosed by Seller herein, if any. 7. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the parties or paid at Closing: (a) Ad valorem taxes on real property shall be prorated on a calendar year basis through the date of Closing; (b) 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. Seller represents that the regular owners' association dues, if any, are $ �/A per 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 for preparation of a deed and all other documents necessary to perform SelI 's obligations under this agreement, and for excise tax (revenue stamps) required by law. Seller shall pay at Closing $ . toward any of Buyer's expenses associated with the purchase of the Property, including any FHA/VA 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 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. Seller authorizes (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; 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 both Buyer's and Seller's agents and attorneys. 10. LABOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor and materials, if any, furnished to the Property within 120 days prior to the date of Closing have been paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. / Pag RECEI`' ^ `S��IDARD FORM 12—T Buyer initials / - Seller initials Revised 7/2008 MAR 2 2 2019 C 7/2009 DCM WILMINGTON, NC Buyer's expense, inspection(s) to determine the condition of the well. If the well is not performing the fimction for which intended and is in need 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 a Construction Permit from the County Health Department ("County') for a private drinking water well. All costs and expenses of obtaining such Permit, including but not limited to any required survey, 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 the County to conduct a field investigation to evaluate the site. Responsible Party shall use best efforts to obtain such Permit. If the Construction Permit from the County cannot be obtained by (date), either party may terminate this Contract and the Earnest Money Deposit shalt be refunded to Buyer. (d) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. ❑ ALTERNATIVE 2: (7itis Alternative applies ONLYiltAlternative 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 ,20__, 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 Buyer's expense (Buyer is advised to have all inspections of the Property, including but not limited to those matters set forth in Alternative I, performed prior to the Option Termination Date). (b) Exercise 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 be 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 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 earnest monies, and will be credited to the purchase price at Closing. (c) CLOSING SHALL CONSTITUTE 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 Buyer's 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 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 indenmity shall survive this contract and any termination hereof, but Buyer shall not be responsible for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and3or out of Seller's negligence or willful acts or omissions. 15. OTHER PROVISIONS AND CONDITIONS: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACH HERETO. 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 2A 1-T) ❑ Loan Assumption Addendum (Form 2A6 -T) ❑ Back -Up Contract Addendum (Form 2AI-T) ❑ Owners' Association Disclosure And Addendum (Form 2AI2-T) ❑ Contingent Sale Addendum (Form 2A2 -T) ❑ Seller Financing Addendum (Form 2A5 -T) ❑ FHAIVA Financing Addendum (Form 2A4 -T) p ❑OTHER: a, b L/ i.S tyk'� '�)-,,.. j+�(I �n t�✓�.,�5' '�'� a�I>,.J C' Sj'r,wc.�: on :> ct e..i.•e. 6n/-}t...pn->y+.zri-, ab v:...� h� EYr. �j,✓, lr+.� I " %J2 H�Ii✓'6 (V 0(o 1. ti ✓�. L H.._j-� P�rN: r ars.-ob wd {Lr �- t^H r7l.5 ... .�.�a.r�-' 'f'a O�i'ii�..t�-C f:f 4'>7J %"� t•\ A,� -t l.__fn I., r .� S -r'1 e^/`+(y/a {' L✓ �'✓�.,. n 4 i e- /tit it } f e r Md, Jr Buyer initials_Seller initials STANDARD FORM 12-T RECEIVED Revised 7%2008 07/2009 MAR 2 2 1019 DCM WILMINGTON, NC 11. CLOSING: Closing shall be defined as the date and time of recording of the deed and shall be on or before 5-A k'i 3 j , So I� (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 bef a th Closing Date at a place and time designated by Buyer. The deed is to be made to FCT NA19G- Absent agreement to the contrary in this contract or any subsequent modification thereto, the following terms 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 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 of ten (10) 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 for paying to the other party (if ready, willing and able to close) interest on the purchase 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 Closing Date or the last agreed-upon extension of the Closing Date, then the non -delaying party shall 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-delavine party for such breach. 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 all garbage and debris from the Property. 13. PROPERTY INSPECTION/INVESTIGATION (Choose ONLY ONE of the following Alternatives): U ALTERNATIVE 1: (a) Soil, 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 are available to the Property, (iii) there is no environmental contamination, law, rule or regulation that prohibits, restricts or limits Buyer's 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 Mpgefyn Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by W—A that this condition cannot be satisfied, TIME BEING OF THE ESSENCE. (b) Septic/S wer 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 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 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 need 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") for a (check only ONE) O conventional or D other ground absorption sewage system for a bedroom home. All costs and expenses of obtaining such Permit or written evaluation shall be home 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 the County to perform its tests and/or inspections. Responsible Party shall use best efforts to obtain such Permit or written evaluation. If the Improvement Permit or written evaluation from the County cannot be obtained by (date), either party may tomyn ate this Contract and the Earnest Money Deposit shall be refunded to Buyer. � H -Buyer has investigated and approved the availability, costs and expenses to connect to a O'public or O community sewer system. (cater (check only ONE): / Buyer has investigated and approved the availability, costs and expenses to connect to a public or ❑ community water system or ❑ shared private well. ❑ Buyer has investigated the costs and expenses to install the private drinking water well approved by the Construction Permit attached hereto as Exhibit A and hereby approves and accepts said Construction Permit. ❑ Seller represents that a private drinking water well has been installed, which representation survives Closing, but makes no further representations as to the well. With respect to wells installed after July 1, 2008, Buyer acknowledges receipt of the County Health Department's Certificate of Completion attached hereto as Exhibit A. Buyer shall have the option of inspecting or obtaining, at P a 4 7 V RE(iEI�DARDFORM 12-T Buyer initials Seller initiaRevised 7/2008 © 7/2009 MAR' 2 2 119 DCM WILMINGTON, NC 16. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seiler. 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. IS. TAX-DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax-deferred exchange in connection with the conveyance of the Property, Buyer and 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 further, that a non -exchanging party shall not assume any 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: If Alternative 2 under paragraph 13 of this contract will apply, Seller should seek advice concerning the taxation of the Option Fee.) 19. PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties, i.e., Buyer and Seller and their heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 20. SURVIVAL: if any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 21. ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and 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 AND EXECUTION: Any notice or communication to be given to a party herein may be given to the 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, e-mail address or fax number set forth in the "Notice Address" section below. Seller and Buyer agree that the "Notice Information" and "Escrow Acknowledgment" sections below shall not constitute a material part of this Offer to Purchase and Contract, and that the addition or modification of any information therein shall not constitute a rejection of an offer or the creation of a counteroffer. 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 tybas ❑ 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 PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. Date: F-40 `Z-1 , "L� /1:�_ Da Buyer 04t:J1✓,j t— (/� (SEAL) Sei Date: Date: Buyer (SEAL) Seller Page 6 of 7 D STANDARD ro�nooe RECEIVE © 7/2009 NAR ? ?, �q DCM WILMINGTON, NC NOTICE INFORMATION 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 "N/A" FOR ANY WHICH ARE NOT APPROVED. BUYER NOTICE ADDRESS: Mailing Addrye�ss: I Ii S/ ^^ T' b Ae• ^ `� 0 4 1 g r. H t ca.. 6-A3 d (u Buyer Fax#: Buyer E-mail Address: h w g A r It b e �I r� t�• n Yf SELLING AGENT NOTICE ADDRESS: Individual Selling Agent: License #: Firm Name: Acting as ❑ Buyer's Agent ❑ Seller's (sub)Agent U Dual Agent Mailing Address: Selling Agent Fax#: SELLER NOTICE ADDRESS: ,q 2 MailingAddress:X24='� &Y/� 1 PA Seller Fax#' 13 CD, W ml� Seller E-mail Address: 14, 7" LISTING AGENT NOTICE ADDRESS: Individual Listing Agent: License #: Firm Naive: Acting as ® Seller's (sub)Agent ❑ Dual Agent Mailing Address: Listing Agent Selling Agent E-mail Address: Listing Agent E-mail Address: Selling Agent Listing Agent ESCROW ACKNOWLEDGMENT Escrow Agent acknowledges receipt of the earnest money and agrees to bold and disburse the same In accordance with the terms hereof. 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