71719D - Echo

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CIEN E RAL PERMIT
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and the Coastal Resources Commission in I SA NCAC w
an area of environmental concern
pursuant to
Applicant Name (j sI L4(�`- � (r(Y'0(
Rules attached.
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Expiration Date

AMA / iDREDGE & FILL N2 71719 A B C D
?N ERAL PERMIT Previous permit #
'�!evv JModification El Complete Reissue ❑Partial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environmental Quality ^ .� , I
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC (� 14I 1600
[J Rules attached. M..
Applicant Name ora �LC. �!� T Project Location: County_,/N
AddressAt Af�79 J)ri m Street Address/ State Road/ Lot #(s)
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( Note Local Planning jurisdiction)
Notes/ Special Conditions 7411JAS
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or Applicant Printed Name
Signature ** Please read compliance statement on back of permit **
Application Fee(s) Check #
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Iss i g Ute I Expiration Date

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director June 3, 2019
John and Sylvia Sciales
3802 Appleton Way
Wilmington, NC 28412
Dear Mr. and Mrs. Sciales:
This letter is in response to your correspondence, which was received by the N.C.
Division of Coastal Management on May 24, 2019, regarding your concerns about the
proposed development by Echo Farms LLC, at property located at 4114 Echo Farms
Boulevard, in Wilmington, NC. The project consists of a directional bore to install a
force main sewer line and storm sewer line, underneath public trust waters, adjacent to
the subject property. Based on consistency with the Rule requirements outlined in 15A
NCAC 07H .1600, GENERAL PERMIT FOR THE INSTALLATION OF AERIAL AND
SUBAQUEOUS UTILITY LINES WITH ATTENDANT STRUCTURES IN COASTAL
WETLANDS, ESTUARINE WATERS AND PUBLIC TRUST SHORELINES, a permit
has been issued to authorize the development. I have enclosed a copy of the permit, as
well as the relevant statutes.
If you wish to contest our decision to issue this permit, you may file a request for a Third
Party Appeal. The Chairman of the Coastal Resources Commission will consider each
case and determine whether to grant your request to file for a Contested Case Hearing.
The hearing request must be filed with the Director, Division of Coastal Management, in
writing and must be received within twenty (20) days of the permit decision. I have
enclosed the applicable forms and instructions that must be filed prior to that deadline.
Please contact me at 910-796-7423, if you have any questions, or if I can provide any
additional information.
Respectfully yours,
J
Patrick Amico
Field Representative
N.C. Division of Coastal Management
127 Cardinal Dr. Extension, Wilmington, N.C. 28405
0HH TM CA�-
Dq-b-d
.OAWft
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director June 3, 2019
John and Sylvia Sciales
3802 Appleton Way
Wilmington, NC 28412
Dear Mr. and Mrs. Sciales:
This letter is in response to your correspondence, which was received by the N.C.
Division of Coastal Management on May 24, 2019, regarding your concerns about the
proposed development by Echo Farms LLC, at property located at 4114 Echo Farms
Boulevard, in Wilmington, NC. The project consists of a directional bore to install a
force main sewer line and storm sewer line, underneath public trust waters, adjacent to
the subject property. Based on consistency with the Rule requirements outlined in 15A
NCAC 07H .1600, GENERAL PERMIT FOR THE INSTALLATION OF AERIAL AND
SUBAQUEOUS UTILITY LINES WITH ATTENDANT STRUCTURES IN COASTAL
WETLANDS, ESTUARINE WATERS AND PUBLIC TRUST SHORELINES, a permit
has been issued to authorize the development. I have enclosed a copy of the permit, as
well as the relevant statutes.
If you wish to contest our decision to issue this permit, you may file a request for a Third
Party Appeal. The Chairman of the Coastal Resources Commission will consider each
case and determine whether to grant your request to file for a Contested Case Hearing.
The hearing request must be filed with the Director, Division of Coastal Management, in
writing and must be received within twenty (20) days of the permit decision. I have
enclosed the applicable forms and instructions that must be filed prior to that deadline.
Please contact me at 910-796-7423, if you have any questions, or if I can provide any
additional information.
Respectfully yours,
G7
Patrick Amico
Field Representative
N.C. Division of Coastal
Management
127 Cardinal Dr. Extension, Wilmington, N.C. 28405
NORTH
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

CAMA THIRD PARTY
HEARING REQUEST FORM
PETITIONER'S NAME
DCM FORM 5
DCM FILE No:
COUNTY WHERE THE DEVELOPMENT IS PROPOSED
PLEASE TAKE NOTE that the undersigned, a person affected by the decision of (check one):
a Local Permit Officer acting on a CAMA Minor Development Permit application; or
the Division of Coastal Management acting on a CAMA Permit application
hereby requests permission from the Coastal Resources Commission (CRC) to file an appeal pursuant
to N.C.G.S. § 113A-121.1(b) and 15A N.C.A.C. 07J .0301. (Please attach a copy of the permit. If you
cannot obtain a copy of the permit, please provide the name of the permittee, the project location, and
the permit number.) Requests are reviewed and determined by the chairman of the CRC to determine
whether a hearing should be granted. 15A N.C.A.C. 07J .0301(b). Approval of a Third Party Hearing
Request allows a petitioner to file a contested case petition with the Office of Administrative Hearings
within twenty (20) days of receipt of the CRC's Order. N.C.G.S. § 113A-121.1(b). Denial of a Third
Party Hearing Request is a final agency decision which may be appealed to Superior Court under
N.C.G.S. § 113A-121.1(b) and Chapter 15013, Article 4.
For this application to be complete, the Petitioner must address each of the three factors listed below.
The CRC's chairman's decision to grant a hearing will be based on whether the Petitioner:
(1) Has alleged that the decision is contrary to a statute or rule [N.C.G.S. § 113A-121.1(b)(1)];
(Please cite the statute or regulation allegedly violated by the permit decision.)
(2) Is directly affected by the decision [N.C.G.S. § 113A-121.1(b)(2)]; and
(Please describe how you are directly affected by the permit decision. Persons directly
affected by a decision often include, but are not limited to, owners of real property in the
vicinity of the proposed development who can show that it is likely to have a significant
adverse effect on the value and enjoyment of their property, or persons who can
demonstrate a history of substantial use of public resources in the area directly affected
by the development.)
(3) Has alleged facts or made legal arguments that demonstrate that the request for the
hearing is not frivolous [N.C.G.S. § 113A-121.1(b)(3)]. (Summarize the evidence and
arguments you would present at a hearing in support of your appeal explaining why the permit
was improperly issued.)
Please answer these questions on a separate piece of paper and attach it to this form.

LMG
LAND MANAGEMENT GROUP
a DAVEY# company
February 15, 2019
TO: Ms. Debbie Wilson
NC Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: CAMA General Permit 0.1600 Application
Woodlands at Echo Farms; Tract 2; New Hanover County, NC
Applicant: Echo Farms, LLC
Dear Ms. Wilson:
On behalf of the Echo Farms, LLC, Land Management Group is submitting a CAMA General Permit
application for two Public Trust Waters crossings for the Woodlands at Echo Farms, Tract 2 project. The
applicant is constructing a residential development within this part of the tract. A force main sewer line
and a storm sewer line will cross ponds classified as public trust waters. Both crossings will occur at
existing walkways and no impacts to the ponds themselves will occur. The force main sewer line will be
directionally bored under the walkway and existing culvert. The storm sewer line will be open cut under
the culvert.
This application requests CAMA General Permit 0.1600 to authorize the installation of the utility lines
underneath the Public Trust Waters. The pipes will be located a minimum of 2' below the bottom of the
existing culverts.
LMG delineated wetlands within the project area and Brennan Dooley of the USACE issued a Jurisdictional
Determination in 2017. Courtney Spears and you visited the site in February of 2018 and confirmed that
the ponds were Public Trust Waters.
The adjacent riparian landowners of the site have been notified and a copy of the notification letters are
included in this application. The "green card receipts" from this certified mail notification will be
forwarded to your office once they are received. If you have any questions, or would like to discuss the
application, please do not hesitate to call.
Thank you for your assistance.
Sincerely,
im Williams
Environmental Scientist
RECEIVED
FEB 2 0 2019
ACM W►LMINGTON, NC
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

Encl.
Cc: Mr. Joseph Taylor, Echo Farms, LLC
Mr. Brian Eckel, Cape Fear Commercial
RECEVED
FEB 2 0 2019
4CM WILM1NGTpN, NC

LMG
LAND MANAGEMENT GROUP
a DAVEY# company
February 21, 2019
TO: Ms. Debbie Wilson
NC Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: CAMA General Permit 0.1600 Application; Additional Information
Woodlands at Echo Farms; Tract 2; New Hanover County, NC
Applicant: Echo Farms, LLC
Dear Ms. Wilson:
RECEIVED
DCM WILMINGTON, NC
FEB 252019
I submitted a CAMA GP application to you earlier this week for the Woodlands at Echo Farms, Tract 2 site.
As I mentioned in my email, Sheet 5 of my previous submittal incorrectly showed the adjacent riparian
property owners. After I submitted the application, I was able to identify property owner information for
the parcel to the south of the site from the City of Wilmington website. Additionally, there was a labeling
error on the previous map. Attached are the revised Sheets 4 and 5 that include correct property owner
information and a copy of the letter that was recently sent to Barnards Creek HOA. I will forward you the
green cards as soon as they are received.
Thank you for your assistance.
Sincerely,
Kim Williams
Environmental Scientist
Encl.
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Echo Farms, LLC
Name of Property Owner Requesting Permit: c/o Mr. Joseph Taylor, Matrix Development Group
Mailing Address: CN 4000, Forsgate Drive
Cranbury, NJ 00512
Phone Number: 732-521-2900
Email Address: for __matrixcom�?anies.com
I certify that I have authorized Land Management Group
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: Installation of 10" force main
sewer line across Public Trust Waters AEC via directional bore.
at my property located at Woodlands at Echo Farms; Tract 2; Wilmington NC
in New Hanover County.
1 furthermore certify that 1 am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
i .
Sig tune
J(3 S� I-A"i �2
Print or Type Name
Title
61 l 21 l2-,5)9
Date
This certification is valid through
RECEIVED
FEB 2 0 2019
DCM WILMINGTON, NC

4'LMG
LAND MANAGEMENT GROUP
a DAVEY. company
February 15, 2019
TO: Richard and Deborah Gibson
337 Windchime Drive
Wilmington, NC 28412
RE: Notification of CAMA General Permit 0.1600 Application
Woodlands at Echo Farms; Tract 2; New Hanover County, NC
Applicant: Echo Farms, LLC
Dear Mr. & Mrs. Gibson:
This letter serves to notify you of work proposed by Echo Farms, LLC within the Woodlands at Echo
Farms site in New Hanover County, NC, adjacent to your property. Specifically, the applicant is
planning to install a sewer force main and a storm sewer line under a public trust waterbody. Because
this proposed work is located within an Area of Environmental Concern as regulated by the NC Coastal
Area Management Act (CAMA), a CAMA Permit is required.
As an adjacent riparian landowner, you are required by the CAMA permit application process to be
notified. I have enclosed the CAMA permit application materials as they have been submitted to the
local Division of Coastal Management office. If you have any questions regarding the enclosed
information, please feel free to contact me at 910-452-0001 or at [e-mail]. Ms.
Debbie Wilson at the NC Division of Coastal Management's Wilmington office is processing the
application and can also be contacted. A notification form is enclosed which you can return to the
NC Division of Coastal Management office (address provided on form). Any objections or concerns
about the work can also be directed to that office.
Sincerely,
Kim Williams
Environmental Scientist
Encl.
Cc: Mr. Joseph Taylor, Echo Farms, LLC
Mr. Brian Eckel, Cape Fear Commercial
Ms. Debbie Wilson, NC DCM
RECEIVED
FEB 2 0 2019
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: 910.452.006bcm WILMINGTON NC
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

LMG
LAND MANAGEMENT GROUP
a DAVEY. company
February 20, 2019
TO: BARNARDS CREEK HOA
1630 MILITARY CUTOFF RD, SUITE108
WILMINGTON, NC 28403
RE: Notification of CAMA General Permit 0.1600 Application
Woodlands at Echo Farms; Tract 2; New Hanover County, NC
Applicant: Echo Farms, LLC
To Whom It May Concern:
This letter serves to notify you of work proposed by Echo Farms, LLC within the Woodlands at Echo
Farms site in New Hanover County, NC, adjacent to your property. Specifically, the applicant is
planning to install a sewer force main and a storm sewer line under a public trust waterbody. Because
this proposed work is located within an Area of Environmental Concern as regulated by the NC Coastal
Area Management Act (CAMA), a CAMA Permit is required.
As an adjacent riparian landowner, you are required by the CAMA permit application process to be
notified. I have enclosed the CAMA permit application materials as they have been submitted to the
local Division of Coastal Management office. If you have any questions regarding the enclosed
information, please feel free to contact me at 910-452-0001 or at [e-mail]. Ms.
Debbie Wilson at the NC Division of Coastal Management's Wilmington office is processing the
application and can also be contacted. A notification form is enclosed which you can return to the
NC Division of Coastal Management office (address provided on form). Any objections or concerns
about the work can also be directed to that office.
Sincerely,
Kim Williams
Environmental Scientist
Encl.
Cc: Mr. Joseph Taylor, Echo Farms, LLC
Mr. Brian Eckel, Cape Fear Commercial
Ms. Debbie Wilson, NC DCM
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

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DCM WILMINGTON, NC

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APR 292019

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LMG
LAND MANAGEMENT GROUP
allk
a DAVEY. company
February 15, 2019
TO: John and Sylvia Sciales
3802 Appleton Way
Wilmington, NC 28412
RE: Notification of CAMA General Permit 0.1600 Application
Woodlands at Echo Farms; Tract 2; New Hanover County, NC
Applicant: Echo Farms, LLC
Dear Mr. & Mrs. Sciales:
This letter serves to notify you of work proposed by Echo Farms, LLC within the Woodlands at Echo
Farms site in New Hanover County, NC, adjacent to your property. Specifically, the applicant is
planning to install a sewer force main and a storm sewer line under a public trust waterbody. Because
this proposed work is located within an Area of Environmental Concern as regulated by the NC Coastal
Area Management Act (CAMA), a CAMA Permit is required.
As an adjacent riparian landowner, you are required by the CAMA permit application process to be
notified. I have enclosed the CAMA permit application materials as they have been submitted to the
local Division of Coastal Management office. If you have any questions regarding the enclosed
information, please feel free to contact me at 910-452-0001 or at [e-mail]. Ms.
Debbie Wilson at the NC Division of Coastal Management's Wilmington office is processing the
application and can also be contacted. A notification form is enclosed which you can return to the
NC Division of Coastal Management office (address provided on form). Any objections or concerns
about the work can also be directed to that office.
Sincerely, `
! 2
Kim Williams
Environmental Scientist
Encl.
Cc: Mr. Joseph Taylor, Echo Farms, LLC
Mr. Brian Eckel, Cape Fear Commercial
Ms. Debbie Wilson, NC DCM
RECEIVED
FEB 2 0 2019
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone] DCM WILMINGTON NC
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

:'RTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMEN',
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Vame of Property Owner: Echo Farms, LLC
Address of Property:
agent's Name #:
4114 tcno Farms Boulevard, Wilmington NC (New Hanover CounT.
(Lot or Street #, Street or Road, City & County
KIM Williams; LMG Mailing Address: 3805 Wrightsville Avenue; Suite 1S
Agent's phone 0: 910-4S2-0001 Wilmington, NC 28403
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing_ A description or drawing with dimensions must be provided with this letter.
I have no objections to this proposal. X _ I have objections to this proposa..
"you
have objections to what is being proposed you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is
available athttv.//www.nccoastalmanaQement.netrlveblcm/staff Ilstinp orbycalling 1-888-4RCOA S T_
No response is considered the same as no ob ecOM if VOu have been notified b Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if
you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback r RECEIVED
requirement-
1 do not wish to waive the 15' setback requiremer _ MAY 2 4 2019
(Property Owner Information) N, N.';
.Signature
Echo Farms, LLC
Print or Type Name
CN 4000, Forsgate Drive
Mailing Address
Cranbury, NJ 00512
City/State/Zip
732-521-2900
Telephone Number/Email Address
Date
(Rii n Pro Owner Information)
c
ture
C)
Print or Type Name
SgS bJ v
Mailinq Address
� I vv,
City/State/Lp
q/ p a--] Gi 0 CPSD
Telephone
1Number/Email Ad ress Ywr1IX�
a -d� � � L�Uol--
Date
Revised Aug. 2014)

iC)
To Whom It May Concern.-
i e obiect to the proposal for the approval of the CAMA permit on Appleton Way
aaiacent to our property for the following reasons
1. There is no information on how the runoff from the easement is to be
addressee
2. There is no indication of the placement of the houses on the lot or how thei
;uiil impede on our quality of life and property value.
I There is no indication of how runoff from the new homes will be addressed
on a street that regularly floods auring neavv ran-
4. There is no indication of how the proposed Kayak launch will work in Lerms
of the ability to launch a kayak at the proposed location in anything other
man high tide. There is not enough water at the proposed location for a
gloating launch to float at all times. It will sit on the stream bed most of the
time damaging the habitat for the wildlife.
5. We object to the simple planting schedule proposed between me easemen
and our home. Plants will not stop noise from the forced main or people
walling by to access the traii.
b. There is no indication of how the forced main affects our quality of life. Does
it make noise? How loud? What hours of the day does it run? Where is the
pump station?
7. Who will be responsible for maintaining the property moving forward?
8. For the past 20 years we have maintained the property between ours and the
cart path and have had local photographers come to photograph it for its
aaturai beauty. Now we have no tangible plan for what it will look like or
who will maintain it. If the cart path is to remain we want to have the right to
continue to maintain that portion of the property that lies between us and
the creek/pond.
9. Who will be responsible for maintaining the new retention pond adjacent to
the e.)dsting natural pond? Will it be treated and aerated to keep mosquitoes
from breeding there?
10. What is the elevation of the walls of the retention pond and how willit
affect our views and quality of life?
hese and manv other issues are not addressed in the plan or information provided
by the developer to date. We would prefer to meet with the city and the developer to
discuss all of these concerns rather than retain an attorney.
1 •_ AV1L1117J
Jo"'ales
'ales n
Sylvia Sciales /
LR� v
MAY 2 4 2019
DCM WILMiNGTON, PJC

A -YF► COC —.
3516 S COLLEGE ROAD
WILMINGTON NC 28412
919-395-1964
Merchant ID: 888003851287
Term ID: 08462640 Ref 4: 8015
i
Sale
1111111111114576
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Save this receipt as evidence of
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"hank you for your business
Bill #: 840-22800761-1-1731922-2
Login ID: BABS
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LABEL 1148. JANUARY 2014 PSN 7W602-00D-099fi 2-CUS7O� C011V
RECEIVED
MAY 242019
0CM WILM-INGTON, NC

ON rN01JNIA11M WOCI
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'A�LMG
LAND MANAGEMENT GROUP
a DAVEY* company
=ebruary 15, 2019
TO: Ms. Debbie Wilson
NC Division of Coastal Management
127 Cardinal Drive Extensie-
Wilmington, NC 28405
RE: CAMA General Permit 0.1600 Application
Woodlands at Echo Farms; Tract 2; New Hanover County, NC
Applicant: Echo Farms, LLC
Dear Ms. Wilson
On behalf of the Echo Farms, LLC, Land Management Group is submitting a CAMA General Permit
application for two Public Trust Waters crossings for the Woodlands at Echo Farms, Tract 2 project. The
aopiicant is constructing a residential development within this part of the tract. A force main sewer line
and a storm sewer line will cross ponds classified as public trust waters. Both crossings will occur at
existing walkways and no impacts to the ponds themselves will occur. The force main sewer line will be
directionally bored under the walkway and existing culvert. The storm sewer line will be open cut under
the culvert.
i his application requests CAMA General Permit 0.1600 to authorize the installation of the utility lines
underneath the Public Trust Waters. The pipes will be located a minimum of 2' below the bottom of the
existing culverts.
LMG delineated wetlands within the project area and Brennan Dooley of the USACE issued a Jurisdictionai
Determination in 2017. Courtney Spears and you visited the site in February of 2018 and confirmed that
the ponds were Public Trust Waters.
The adjacent riparian landowners of the site have been notified and a copy of the notification letters are
included in this application. The "green card receipts" from this certified mail notification will be
forwarded to your office once they are received. If you have any questions, or would like to discuss the
application, please do not hesitate to tali.
Thank you for your assistance.
Sincerely,
im Williams
Environmental Scientist
RECEIVED
MAY 2 4 2019
VCM WILMINGTON, NC
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
$1(Ur htsv-- ..v_e., Suite 15, Wilmington, NC 28403
"'

CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION[WAIVER FORM
Name of Property Owner:
Address of Property:
Agent's Name #:
Echo Farms, LLC
4114 Echo Farms Boulevard, Wilmington NC (New Hanover County)
(Lot or Street #, Street or Road, City & County)
Kim Williams; LMG
Agent's phone #: [phone]
Mailing Address: 3805 Wrightsville Avenue; Suite 15
Wilmington, NC 28403
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing, with dimensions, must be provided with this letter.
I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is
available at http://www.nccoastalmanagement.netlweb/cm/staff-listing or by calling 1-888-4RCOAST.
No response is considered the same as no objection if you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back a minimum distance of 15from my area of riparian access unless waived by me. (If
you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Property Owner Information)
Signature
Echo Farms, LLC
Print or Type Name
CN 4000, Forsgate Drive
Mailing Address
Cranbury, NJ 00512
City/State/Zip
732-521-2900
Telephone Number/Email Address
(Riparian Property Owner Information)
Signature
Print or Type Name
0
Mailing Address
LLI
City/State/Zip
W
U
W
W-
Telephone Number/Email Address
Date Date
(Revised Aug. 2014)

*Boundaries are approximate and are
not meant to be absolute.
Map Source: ArcGIS World Street Map
Woodlands at Echo Farms
Tract 2
New Hanover County, NC
LMG19.041
January 2019
�m
Myrtle ,F�
Grove
L`
Sources: Esri, HERE, Oel-orme, USGS, Intermap, increment P Corp.,
NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand),
TomTom, Mapmylndia. © OperiStreetMap contributors, and the GIS User
Community
RECEIVED
FEB 2 0 2019
DCM WILMINGTON, Nu SCALE 1" = 1 Mile
LMG
Sheet 1 of 5
www.lmgroup.net Vicinity Map
3805 Wrightsville Avenue
Wilmington, NC 28403
Phone:[phone] Fax:[phone]

SITE \,
421 —
< ���,•. Goff~ urs \1
0.�� 1
1 l
RECEIVED
FFB 2 0 2019
*Boundaries are approximate and are
not meant to be absolute. DCM WILMINGTON, N� _--
Map Source: USGS Wilmington Quadrangle 7.5 minute SCALE 1 " - 1,200'
Woodlands at Echo Farms LMG
Tract 2 4 Sheet 2 of 5
New Hanover County NC www.lmgroup.net USGS Topographic Map
3805 Wrightsville Avenue
LMG19.041 Wilmington, NC 28403
January 2019 Phone: [phone] Fax: [phone]

*Boundaries are approximate and are
not meant to be absolute.
Map Source: 2012 NC One Map
Woodlands at Echo Farms
Tract 2
New Hanover County, NC
LMG19.041
January 2019
RECEIVED
FEB 2 0 2019
DCM WILMINGTON, NC
SCALE 1" = 1,200"
LMG
www.lmgroup.net
3805 Wrightsville Avenue
Wilmington, NC 28403
Phone:[phone] Fax:[phone]
Sheet 3 of 5
Aerial Photograph

RE: [External] Fwd: Project Notification for ID 20190243... - Amico, ... https:Houtlook.office365.com/owa/?ItemID=AAMkAGMxZTIyZW...
RE: [External] Fwd: Project Notification for ID 20190243 Ver 1 for
Woodlands at Echo Farms Tracts 2, 3A, 3131 3C & 5
Coburn, Chad
Fri 4/26/2019 9:44 AM
To:Amico, Patrick J <Patrick.Amico@ncdenrgov>; Williams, Kimberlee <[e-mail]>;
Hey all,
Sorry to not respond until now, I've been out of the office for the last two days. Kim is correct, this project would
not require written approval from the DWR under either the GC4139 once the NWP 18 or 29 is issued by the Army
Corps. If anyone has questions, please let me know. Hope this helps,
Chad
From: Amico, Patrick J
Sent: Thursday, April 25, 2019 2:41 PM
To: Williams, Kimberlee <[e-mail]>; Coburn, Chad <[e-mail]>
Subject: Re: [External] Fwd: Project Notification for ID 20190243 Ver 1 for Woodlands at Echo Farms Tracts 2, 3A,
3B,3C&5
Hello all -
Yes, for DCM to write a general permit for a directional bore project that involves sewer lines, we
would need a statement from DWR authorizing this work, or stating no objection to this proposed
work, as it is a sewer line, which is a specific condition of our General Permit for this project. A
snipped image of that permit condition is attached. Chad, is this something you can review and
provide?
Thanks,
Patrick
Patrick Amico
Environmental Specialist
NC Division of Coastal Management
1 of 3 4/26/2019, 3:15 PM

RE: [External] Fwd: Project Notification for ID 20190243... - Amico, ...
https:Houtlook.office365.com/owa/?ItemlD=AAMkAGMxZTIyZW
Department of Environmental Quality
910 796-7423 office
910 395-3964 fax
patrick.amicoCcDncdenr.gov
127 Cardinal Drive Ext
Wilmington, NC 28405
'"Nothing Compares_
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Williams, Kimberlee <kwilliams(@lmgroup.net>
Sent: Thursday, April 25, 2019 9:53 AM
To: Coburn, Chad; Amico, Patrick J
Subject: [External] Fwd: Project Notification for ID 20190243 Ver 1 for Woodlands at Echo Farms Tracts 2, 3A, 36, 3C
&5
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment
to report.spamPnc.gov
Hi Chad
I wanted to follow up with you on the Woodlands at Echo Farms project. We submitted a NWP application
for some minor wetland/Waters impacts (less than 0.1 acre) back in February. We have also applied for a
CAMA General permit from DCM to install a sewer line via directional bore under public trust waters. Can
you confirm that this project does not require written authorization from DWR? I believe that DCM needs
something in writing from you before they can issue the CAMA General.
Thanks!
Kim
Kim Williams I Environmental Scientist
Land Management Group I Environmental Consultants
Direct: 910-452-0001 x 1908 1 Cell: 910.471.50351 Fax: [phone]
2 of 3 4/26/2019, 3:15 PM

RE: [External] Fwd: Project Notification for ID 20190243... - Amico, ..
https://outlook.office365.com/owa/?ItemlD=AAMkAGMxZTIyZW
3805 Wrightsville Ave., Suite 15 1 Wilmington, NC 28403
Email: kwilliams@Imgroup net I Website: www.lmarou
---------- Forwarded message ---------
From: <[e-mail]>
Date: Wed, Feb 27, 2019 at 1:25 PM
Subject: Project Notification for ID 20190243 Ver 1 for Woodlands at Echo Farms Tracts 2, 3A, 313, 3C & 5
To: <[e-mail]>
The North Carolina Division of Water Resources has received application or request that you submitted on
2/20/2019 for Woodlands at Echo Farms Tracts 2, 3A, 36, 3C & 5. The ID number for that project is
20190243, Version 1.
Reviewer Contact Information: Chad Coburn - [e-mail]
Wilmington Regional Office - [phone]
If you have questions, please contact one of the staff members listed below:
Transportation Projects Contact: Kristi Lynn Carpenter at [e-mail]
All other Projects Contact: Sheri Montalvo at [e-mail]
Project file link: https://edocs.deg.nc.gov/WaterResources/Browse.aspx?dbid=0&startid=825863
If this permit application was submitted outside of standard business hours, it will be considered to have
been received on the next business day.
This email was automatically generated by Laserfiche workflow. Please do not respond to this email
address, as responses aren't monitored.
3 of 3 4/26/2019, 3:15 PM

R S .r Z', Qvo
AD70" 003- 001- oQo
Boor. PACE '98 FEB 6 P11 3 28
Prepared by and return to:
? 3 0 7 0 4 6 7 RECORDED h V-n
Poyner & Spruill MARY SltE COTS
Post Office Box 10096 R�'J.!TE111 OF EEEOS
Raleigh, NC 27605 %...; i;;.2;:: �i; '0. tic
NORTH CAROLIMA GENERAL WARRaHTZ DEED
THX,S,. DEED is made this 26th day of January, 1998, by and
between -'NEW ECHO FARMS, INC., a Indiana coproration (the
"Grantor"), and ECHO FARMS, L.L.C., a New Jersey limited liability
company (the "Grantee"), with a nailing address of Forsgate Drive,
CN4000, Cranbury, New Jersey 08512.
C:00200
WITNESSETH:
For and in consideration of $1.00 cash in hand paid and other
good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Grantor has and by these presents
does grant, bargain, sell and convey unto Grantee in fee simple,
all that certain lot or parcel of land situated in Wilmington
Township, New Hanover County, North Carolina, more particularly
described on Exhibit A, attached hereto and made a part hereof.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and
all privileges and appurtenances thereto belonging to the Grantee
in fee simple.
Grantor covenants with Grantee that Grantor is seized of said
land in fee simple, that Grantor has the right to convey the same
in fee simple, that title is marketable and free and clear of all
encumbrances, and that Grantor will warrant and defend the title
against the lawful claims of all persons whomsoever, except for
those exceptions described on Exhibit B, attached hereto and made
a part hereof.
The designation "Grantor", and "Grantee" as used herein shall
include said named parties and their respective heirs, successors
and assigns, and shall include the singular, plural, masculine,
feminine or neuter as required by context.
IN WITNESS WHEREOF, the undersigned has executed this
day and year first above written.
PAM WN7-=176300%01-n-9r
NEW ECHO FARMS, INC.
By: <�T
President
NEW MOVER CM RC
If
02/06/90
$5800.00
STATE TH
f R$uKA
Real Estate
(�
Exdse Tax
RETURNED TO
.IEFPREY w. PoRTM'
Attorney At t..aw
711 Princess Street
wimin;iton, NO 28Ari1,
FEB 2 0 2019
DCM WILMINGTON, .NA
N

GOOK t'At,c
2307 0469
EXHIBIT A (seven pages)
STAOUD ENGINEERING, PA,
cOHx"eja E-J3(i wU73
39ct n MAlav=r smee r
1Yri3WI lom. Honor CAnouHAsalo3
tslq etc-Wis
Tract UEeho Farms Golf 4 t,61e nosintlaty
Cuttu uett'hig at a point i° the Nord= R/W line v[ S. It 1186, a 100 foot public Et/1ti' aa1D.
sues South 49 degrees 46 tultudea
lwittt being South 36 dcgcocs 46 minutes 38 wquds "St WO-57
00 stcvnds West 50.U0 feet Born the lntesseclion of tie mdcr lira of said S- P- 1186 %-;th ate otuttar
lino of US wg11„'ay 421 at said point being tiro PO1N1. OF Bbe1� a Nvdh dcvves 56 wiuutes
13 minutes 2.3 seconds Wcat a dbUHIcC of 157.01 Ccet to a Point+ 47 de is 40 tnlltule>r 26 seconds
QU seconds East a &tuuce of 829.65 ft:et to a point, thence North 29 minutes 20 ceconds West a
West 0 dlalartce of 190.71 fvei to a Point+ llrcuoc Nola' Be de&—
lhcace North 19 dcg►m 53 In3rlutes 26 seconds Nest a distance
distatece of e 411.09 Ifeet w a Polo(. _
of 297-32 teat to a Puitlt, tit!n7C North 4639 fnin� euewnds Last Bast a
of 945.54 feet to a
feet to a Ruud, thence North 79 do8tees
point, tlteoce Suullt 60 degrees 26 minulee 36 seconds bast a dtstaace of 81 1.31 feet to a point.
thmee Soulb 36 degiees 46 rnluut<a 30 accords Wets a diateucc of 145.07 feet to a Point, iLence
North 71 Degrees 25 rrnuules 34 second° West R distartco of 750.00 feet to a point"heuee South 0
Degrees 59 ulinulcs S4 secatdl East a &taace Of 1044-98 feat to a point, litatco SouW 37 tlegu
56 degrees
ice 37 st.:ot54c sec:uUjmt a distance of 75.00 Put to a pout% Uteuce gotdh 36 degrus 46 u11 teS
37 juktules 3hbat a dlstaltce of 267.07 Lance 0 to a point, ,Id the roLNT OF DEOIN�O. Cottialfrin8
SOM
17.6331 acres, diet° of [east.
RECEIVE®_
-
FFB 20
DC WILMINGTON
�
, NC
%a;

.-OCK FACE
2307 0471
SMOUD ENGINEERING, P.A.
CQMOAXMn D$QP&x ru
alai A l ARW ME61
VnLM* GTOK I MM GAFR*14A 20 M
Vey alsom
Tratt MKcho Farms Golf Course Boundary
Conuuanclog at a point In the Southem R/W of Echo Fangs Blvd. @ Its intasoctioa -ith the
Nottlimu dgitt of way of Appleton Way. Sald tegWid, point also bolug North 35 deam" 25
auirtutn 00 seconds Gast 30.0 foot and South 54 dopes 33 minutes 30 scoomda Bast 30.00 feet freers
all existing concrete munumrnt in the center line lWaTcction of Echo Farnn Blvd. and Appleton
Way at said point being the POINT OF D GiNNLNC , thence Notch 31 degrees 55 min>,tcs 00
seconds Cast a distance of 200.25 feet to a point; thence, North 87 degrees 55 ttainutes 01 scewads
East it distance of 790.80 feet to a point; thence, South 9 degrees 14 minutw 41 seconds East a
distance of 55.00 feet to a point; thence, South 77 degrees 39 miairtes 55 seconds East a dictmrce
of 233.98 feet to a point; thence, North 7 dcgr"4 29 miuutts 40 seoauds West a diatanet of 137.31
feet to a point; thence, North 4 degrees 49 minutes 33 seconds East a distance of 99.81 foot to a
point; thence, North 2 degrees 24 tnintdoe 25 4econds West a distanoo of 99.63 feet to a point;
thence, North 6 degrees 23 minutes¢ 20 seconds East a distauoe of 115.87 feet to a pointi thence,
North 9 degrees 56 takutes 40 seconds East a distance of 98.09 Act to a point; thence, tioutb 58
degrees 39 rninutoa 21 seconds PAst a distance of 42-97 felt to a point; thc-nco, South 57 degrow
59 tuinutes 00 semods East a distatxe of 858.96 het to it point; on a curve having a radius of 206-23
feet and a central angle of 24 degrees 00 rtunu:es 01 seconds, thence along the are of &aid curve a
distance of 86.39 feet, said sic subtended try -a-chord bearing Scu0i 45 degrees 59 winutxa 00
occouds Fast a distance of 85.76 feat to a point; thanes, Soulb 33 degrees 59 nnittutec 00 seconds
.East it durance of 24.64 feet to a point; on a c-lave having a radius of I00.00 feet and a central
angle of 152 degrees 02 mintaee 30 smorids, [Beare along the arc of said curve a disteuca of 265.36
feet, said arc subteaded by a cbM beating South 36 dgfts 45 minutes 17 secronds East a distance
of 194.08 feet to a point; drence, Souh I degrees 48 minutes 00 sa oasts East a distance of 542.73
fat to apoiut; thence, South 9 degrm 43 nduutea 00 soeoadc West 659.47 feet to it ; Iheuce, North
81 degrees 15 minutes 00 seconds East a distance of 780.32 feet to a point; tltwot, South 8t degree
24 tuiautcs 13 seconds East a distance of 240.86 fed to a point; on a curve having a radius of
-100.00 feet and a rontial angle of 96 degrees I I minutes 27 seconds, thence along the arc of said
curve a distp_rtce of 167.98 fat, said ato sulntwded by a chord bearing South 39 degrees 29 minutes
23 seconds East a distauce of 148.85 feet, theme Soptlt 15 degrees 06 minutes 46 seconds Fast a
distance of 50.01 feet to a put d; thence, South 77 degrees 36 minutes 14 seconds West It distance
of 150.17 feet to a pout; thence, Sat>rb 9 degrees 38 minutes I4 seconds Wert a distance of207.43
feet to a point; theuce, South 1 degrees 03 ndnutes 43 secor:ds West a distance of 310.11 feet to a
poinl; tbencc, Soutlt 7 degrees 20 minutes 46 eaouds East a distance of 100.47 feet to a point;
theuce, South 9 degrees 27 rniuutcs 46 seconds Pant a distance of 100.00 feet to a point; thence,
South 5 degrees 45 minutes 33 secoi16 Fast a distance of 19910 feet to it point; thence, South I 1
degrees 58 utinutes 12 seconds rAJt a dlstance of 196.32 feet to a poutt; thtuce, South 66 degrees
t tf Y.. cry;
RECEIVE,)FEB
20
DCM W►LMINGTpN: NC>t`=

Door, PACE
2307 0473
36 utlautce 00 seconds Wc3t a disUMe of 100.00 lcet to It point; Qxatce, Nvrth 61 degcew 36
utinwi 00 seconds west a distattee of 30.00 feet to a point; thenco. Nm W 22 &ivvai 20 niluttl"
51 nvuuds Foot a distance of 436.66 foot to a point: thenoe, Nor1L 91 deanm 13 miuddes 00
xotuujs West a dlstsuce of 310,73 fcd to a point; thence. Nortbt 79 dagreea 01 minutes 00 saotmda
Wczt a duties of 600.00 feet to a point; dunce, Saulh 48 degrees 43 mlauttm 00 seconds West ■
di3taucc of 130.32 feat to a polat; on a curve ha" a radius af-1267.84 feet attd a austral angle
of 5 tkgtms 12 minutes 24 secouda.11wnce along dw arc of said t:tuvo a disttwce of 115.21 OeK
said arc sublendcd b; a chord bcadng Neelt 31 degrees 07 taittuks 18 seconds Well a dhdmo6 of
115.17 &et to a pout; thenm North 33 dcgreav 43 mimutec 30 teaonds West a distawe of 12619
foot to a poiut, ors a cutvc taring a radius of-401.99 feet and a central angle of 24 degmss 19
ntinutc3 23 secuW& 11naco along this sm of said save a distauee of 170.61 fbe4 add we stdAteded
11 a t: and baatiug North 45 deerem 53 diiuutes 08 seconds NVCSt It distance of 169.33 foci, and the
1't?I,'V f OF DLGMNiNG; CoWauting 81.0832 acres, more Or Ieu.
RECEIVp:
FEB 2 0 ?a19.:'.
DCM WILMINGTON°

STRoup
SCCK PAGE
2307 0475
NC% PA
CONSLUM e ORAEFM
s9et r qnw."
wa+sAror{ trOgtN CttFtauN+llbeos
pttq Ms-"
Tract S1 FA-ho Farms Colf Course Boundary
Conutlerrcing at an existing iron pipe, said pipe located South 39 degrees 30 minutes M aceonda East
50.t10 feet from an existing coocrate monument tying the ceateriine of MoCarthy Blvd @a a point
of intersection with the Southern right -of -nay of US Highway 421. Afvraromtioned pobtt of
beghuring also being the Intexc"on of the Soutb Eadvn right-of=way o[NkC"y $Ivd. With t6
Southern right -of --way of US Highway 421, at grid point being the POP-fr OF BECIII,NZIG; thence
South 39 degrees 35 minutes 00 stcornds East a distance of 18ti0.41 fttt to apoint; denca, South SO
degrees 21 ucniutes 58 vccoada West a distance of 133-00 beet to apoint; thence, South 12 degrees
39 minutes 07 secvudt Last a d4uatrce of 559.15 feat to a point; diatce, Nodh 65 degrees 23 minutes
16 wevo la West a distance of 294.62 foot to a point on a etave Laving a radius of 274.I2 feet and
a ceritrai angle of 60 degrees 13 tulnutet 27 seoonds.Thmce along the am of asdd curve a distance
of288.14 feet, said atc subtended by a chord bearing North 13 degrees 07 tuiuutee 00 seconds' est,
a d;staoce of275.05 feet to apoint, thmee, North 44 ftrees 44 minutes 44 socands Twat it dlateuce
of 150.00 fret to it point; thence, North 45 degrees 15 mloutes 16 seconds '%Vc% a distance of 100.00
fctt to a point; thence. North 44 degrees 31 mututes 46 seconds Nest a distance of 193.56 &et to it
polut; thearct, North 42 degrees 40 minutes 46 socoada West a dlstarme of 200.00 feet to ■ point;
thence, North 40 dcgtm 38 mines 16 accoods West a distance of 229-46 feet to a point; tbancs,
North 35 degrees 30 minutes 46 seconds West a durance of 247.54 feet to a point; thence, North 34
degrees 07 minutes 46 seconds West a distance of 200.00 feet to a point: tlteuce, North 32 degrees
34 minut 3 06 seconds Wed a distance of 295.30 feet to a point; thence, North 32 degrees 19
rnitnNe3 35 seconds West a dls a= of 174.86 feet to a point; thence, South 55 dc5im 43 nninulex
00 voouds West a distance of 13422 feet to a point on a v;,; having a radius of 630.60 feet and
a central utgle of 4 degrees 22 utinutes 58 seconds. Thence along the are of said curvo a distance
of 49.34 feet, said arc subtended by a chord bearing North 17 degrees 21 minutes 15 second9 West
a distance of 4933 feel to a point; thence, North 15 dcgrem 06 minutes 46 seconds West a distance
of 117.86 feet to a paint on a curve baviog a radius of I00.00 feet and a central angle of 67 degretss
05 minutes 08 seconds, thence along the arc of said tune a distance of 117.09 feet, said arc
subtended by a chord bcariug North 23 degrees 57 minutes 25 sewada East a distance of 110.51 fat
to a pcwtt; dtencc. North 50 degrees 24 utinutea 51 seconds East a distance of 165,41 feet to a point,
and the 11013q-i OF BEGINNING; Containing 13.5640 acres, more or less. All the above tracts are
as shown on two Maps of Sowidary Survey for Echo Farms Golf Course by Stroud Engineering,
P.A.. Said nWs to be reoorded simultaneously in The New Hanover Cownty Rcgister of Dads.

v
NCK PAGE
190 FEB 6 P1`1 3 29
{�
,^,raven By and Re URy d `i 7 8
is
I;EGORDED & ti -,WIE4
Moore & van Allen, PLLC (JCO)
1!ARY VE Cots
NotionsBank Corporate Center
r !c= R 0r r=LDS
100 North Tryon Stint, Floor4?
I: .; .'t; ,V ;0. No
Charlotte, North Carolina 282024M
i STATE OF NORTH CAROLINA
DEED OF TRUST
AND
COUNTY OF NEW HANOVER
SECURM AGREEMENT
COLLATERAL IS OR INCLUDES FIXTURES
THIS DEED OF TRUST � �A^ND SECURITY AGREEMENT (the `Deed of Trust") is
y
made and entered into as of the ) day of 1998, by and among ECHO
FARMS, L.L.C., a New Jersey limited liability company (the orrower-); and
J. CHRISTOPHER OATES and JAMES E. DILLON, individuals residing in
Mecklenburg County, North Carolina, either of whom may act hereunder (together, the
"Trustee"); and
SUMMIT BANK, a banking corporation of the State of New Jersey, having an office and
place of business in Cranford, New Jersey (the "Bank").
WITNESSETH:
00020?be Borrower, in consideration of the indebtedness herein recited, irrevocably grants and
conveys to the Trustee and the Trustee's successors and assigns, all of the following described
land, real property interests, buildings, improvements, fixtures, furniture and appliances and other
personal property:
(a) All that tract or parcel of land and other real property interests in New Hanover
County, North Carolina more particularly described in Exhibit A attached hereto and made a part
hereof (the "Land"); and
(b) All buildings and improvements of every kind and description now or hereafter
erected or placed on the aforesaid land (the "Improvements") and all materials intended for
construction, reconstruction, alteration and repair of such Improvements now or hereafter erected
thereon, all of which materials shall be deemed to be included within the premises hereby
conveyed immediately upon the delivery thereof to the aforesaid Land, and all fixtures and articles
of personal property now or hereafter owned by the Borrower and attached to or contained in and
used in connection with the aforesaid Land and Improvements including, but not limited to, all
furniture, furnishings, apparatus, machinery, equipment, motors, elevators, fittings, radiators,
ranges, refrigerators, awnings, shades, screens, blinds, carpeting, office equipment and other
furnishings and all plumbing, heating, fighting, cooking, laundry, ventilating, refrigerating, �j`()
FADOC� MPEALFSTAM060I ZDOC 1 RETURNED - O
JF.FFREY W. ponI :R
Attorney At Lawn
711 Princess Street
Wntrnington, NO 28491
RECEIVED
FEB 2 0 2019
DCM WILMINGTON,•NC

2307 0480
The loan
1.1 Loan The indebtedness severed by this Deed of Trust is the result of a loan of
money in the maximum pimapal amount of One Nfillion Five Hundred Thousand and No/100
Dollars ($I,500,000.00) (hereafter referred to as the "Loan') disbursed or to be disbursed by the
Bank to the Borrower.
1.2 Use of Loan Funds- The Loan is made for the purpose of financing the
Improvements and the Land.
1.3 Note Secured_ The Loan a evidenced by a promissory note executed by the
Borrower of even date herewith, payable to the order of the Bank in the principal amount of
$1,500,000-00 (such promissory note and all amendments, modifications, renewals or
replacements thereof being hereinafter referred to as the "Note"). AA terms used herein shall have
the meaning set forth in the Note, unless otherwise defined herein_
1.4 PP"ment of Note_ Payment by the Borrower of principal and interest on the Loan
will be in accordance with the Note.
ARTICLE Il
Borrower's Covenants, Representations and Agreements
2.1 Title to Proper[ . The Borrower represents and warrants that it is seized of the
Land and Improvements (and any futures) in fee (and has title to any appurtenant easements) and
has the right to convey the same, that title to such property is free and dear of all encumbrances
except for the matters shown on Exhibit B attached hereto (the "Permitted Encumbrances"), and, that it will warrant and defend the title to such property except for the Permitted Fncumbrances
against the daims of all persons or parties. As to the balance of the Premises, the Rents and
Profits and the Intangible Personalty, the Borrower represents and warnants that it has title to
such property, that it has the right to convey such property and that it will warrant and defend
such property against the claims of all persons or parties.
22 Payment of Loan- The Borrower will punctually pay the Loan principal and
interest and all other sums secured hereby at the time and place and m the manner specified in the
Note, this Deed of Trust or the other Loan Documents.
2-3 Taxes and Fees. The Borrower will pay as they become due all taxes, general and
special assessments, insurance premiums, permit fees, inspection fees, license fees, water and
sewer charges, franchise fees and equipment rents against it or the Premises, and the Borrower,
upon request of the Bank, will submit to the Bank receipts evidencing said payments.
2.4 Reimbursement. The Borrower agrees that if it shall fail to pay when due any tax,
assessment or charge levied or assessed against the Premises or my utility charge, whether public
FADOCSUCGVkEALESTAU10601 2 DOC ?
RECEIVE®DCM
FEB 2 0 ?oil
WILMINGT :s: t'

0CC t PACE
7307 0`I82
2.9 Prepayment of L- The Borrower will not accept any prepayment of rent or
installments of rent for more than one month m advance without the prior written consent of the
Bank.
2.10 Maintenance of Premises. The Borrower will abstain from and will not permit the
commission of waste in or about the Premises and will maintain the Premises in good condition
and repair, reasonable wear and tear cccepted.
2.11 Identity of Borrower- The Borrower hereby acknowledges to the Bank that n the
identity of the Borrower and the expertise available to the Borrower were and continue to be
material circumstances upon which the Bank has relied m connection with, and which constitute
valuable consideration to the Bank for, the extending to the Borrower of the indebtedness
evidenced by the Note and (u) any change in such ideraity or expertise could materially impair or
jeopardize the security for the payment of the Note granted to the Bank by this Deed of Trust -
The Borrower therefore covenants and agrees with the Bank that the Borrower shall not sell,
transfer, convey, mortgage, encumber or otherwise dispose of the Premises, the Beats and Profits
or the Intangible Personalty or any part thereof or any interest therein or engage in subordinate
financing with respect thereto during the term of this Deed of Trust unless the Bank, in its sole
discretion, has given its prior written consent of the Bank, except as may be expressly permitted in
Article III hereof. In addition, during the term of this Deed of Trust, except as provided in Article
III hereof; there shall not be any change in the ownership, membership or control of the Borrower
unless the Bank in its sole discretion has given its approval.
2.12 Compliance with L.aw. The Borrower will do, or cause to be done, all such things
as may be required by law in order fully to protect the security and all rights of the Bank under
this Deed of Trust. The Borrower shall not cause or permit the lien of this Deed of Trust to be
impaired in any way-
2.13 Lmsnection. The Borrower will permit the Bank, or its agents, at all reasonable
times to eater and pass through or over the Premises for the purpose of appraising inspecting or
evaluating same (including any hazardous substances thereon)-
2.14 Amount of Loan. The Borrower, upon ten (10) days' prior written notice, shell
furnish to the Bank a written statement, duly acknowledged, setting forth or confirming the
unpaid principal of, and interest on, the Loan and whether or not any offsets or defenses exist
against such principal and interest.
2.15 Releases and Waivers. The Borrower agrees that no release by the Bank of any of
the Borrower's successors in title from liability on the Loan, no release by the Bank of any
portion of the Premises, the Rents and Profits or the Intangible Personalty, no subordination of
lien, no forbearance on the part of the Bank to collect on the Loan, or any part thereof no waiver
of any right granted or remedy available to the Bank and no action taken or not taken by the Bank
shall in any way diminish the Borrower's obligation to the Bank or have the effect of releasing the
Borrower, or any successor to the Borrower, from firil responsibility to the Bank for the complete
F:\DOCSVCX7jtE V BSTAU10601 jDDC

J° PAGE
2307 0484
which, upon the giving of notice or the passage of time, or both, would constitute an Event of
Default. Any amounts paid by the Bank for insurance shall be due and payable to the Bank upon
demand and shall be sensed by this Deed of Trust.
(g) proof of Loss: Claims : In the event of loss, the Borrower shall
give prompt notice thereof to the insurance carrier and the Bank, and the Bank may make proof
of loss if not made promptly by Borrower. The Bank is hereby authorized, in its sole discretion,
to adjust, compromise and collect the proceeds of any instuance claims.
(h) Use of Proceeds: The Borrower hereby assigns the proceeds of any such
insurance policies to the Bank and hereby directs and authorizes each insurance company to make
payment for such loss directly to the Bank. The proceeds of any insurance or any part thereof are
to be applied by the Bank to restoration or repair of the property damaged provided the following
conditions are met:
(i) there exists no Event of Default (as defined in Article III) or any
event or condition which, upon the giving of notice or the passage of time, or both, would
constitute an Event of Default;
(a) the Borrower presents sufficient evidence to the Bank that there are
staciem funds from the insurance proceeds and from equity funds, if needed, to
completely restore or repair the damaged property as well as to maintain relevant debt
service coverages and other operating a lenses.-
(m) all parties having existing or expected possessory interests in the
Premises agree in a manner satisfactory to the Bank that they will continue or extend !heir
interests and arrangements for the contract terns then in effect following the restoration .
or repair,
(iv) all parties having operating, management or franchise interests in,
and arrangements concerning, the Premises agree that they will continue their interests. and
arrangements for the contract terms then in effect following the restoration or repair;
(v) the Borrower presents sulhcaeat evidence to the Bank that the
damaged property will be restored prior to the maturity date of the Loan,
(vi) the Bank will not incur any liability to any other person as a result
of such use or release of insurance proceeds-, and
(vii) the insurance proceeds shall be held by the Bank and disbursed
substantially in accordance with the disbursement procedures customarily utilized by Bank
in connection with construction lending, as if such proceeds were loan proceeds as repair
or restoration progresses.
FAUOCSJCO'.REALESIA\3I0601_2 DOC
7
?ZI
.
R::k.
,•.
ECEIV
FEB : 4.4
2 0
ni .
DCM WILMINGT�N.ii*`=:

lS iivt� i'n�+�
rJ 3ei 14 fire
(vi) the Bank will not mcuu any liability to any other person as a result
of such use or release of proceeds,
(vu) the condemnation award or proceeds shall be held by the Bank and
disbursed substantially in accordance with the disbursement procedures customarily
utilized by Bank in connection with constludion lending as if such proceeds were Loan
proceeds as restoration progresses-
(d) Further Assignment Accelexation_ The Borrower agrees to t omft such
further asuguments and agreements as may be reasonably required by the Bank to assure the
effectiveness of this Section. In the event any governmental agency or arrthocity shall require or
commence any proceedings for the demolition of any buildings or stnrchires comprising a part of
the Premises, or shah commence any proceedings to condemn or otherwise take pursuant to the
power of eminent domain a material portion of the Premises, the Bank may, at its option, declare
the Loan to be immediately due and payable in full and apply any condemnation awards or
proceeds to the outstanding balance of the Loan.
2.18 QperatittStatements. The Borrower will maintain full and correct books and
records showing in detail the earnings and expenses of the Premises and will permit the Bank and
its representatives to examine said books and records and all supporting vouchers and data at any
time and from time to time upon reasonable request by the Bank- The Borrower shall submit each
month to the Bank statements of income and expenses accurately setting forth the operation of its
interest in the Premises from time to time as required by the provisions of the Note, and such
statements shall be certified by the chief financial officer of the Borrower and shall be in such form
as is acceptable to the Bank.
If the Borrower shall have obtained a financial statement certified by a certified public
accountant for any month or fiscal year, the Borrower agrees to fiunish a copy of such certified
statement to the Bank.
2.19 Financial Statements. Annual financial statements from the Borrower and all
guarantors of the Loan shall be submitted annually to the Bank Interim fmancial statements from
the Borrower and all guarantors of the Loan shall be submitted to the Bank when requested by the
Bank- The financial statements sbaH include, at a imnimu� a current balance sheet, a current
income and expense statement, a statement showing contingent liabilities, a detailed cash flow
statement for each project and/or entity m which the Borrower or the Loan guarantor has an
interest and any other supporting schedules or documentation that the Bank may require -
Detailed cash flow statements shall include, as applicable, the project name, location, size and
percentage of the Borrower's or the Loan guarantor's ownership interest, the project's leasing
status, its net operating income, its current loan balance, its debt service, the source of cash
necessary to cover any operating deficit, the amount of and beneficiary of any cash distributions,
the amount of cash invested in or received from that enterprise, and detailed cash flow projections
for the next twelve month period for each project, partnership or business enterprise. Each
statement shall bear an authorized statement attesting to the accuracy of the statement. Annual
statements of business entities shall be audited and bear the unqualified opinion of an acceptable
certified public accountant. Annual statements of business entities must be submitted to the Bank
F.%DOCS C0\REALM,kV 10W1 2DOC 9
-``
RECEIVED
DCM WILMINGTON, NC

5CIV, tC PAGE
2307 0`i88
the Bank either prior to the dosing of this Loan or prior to any funding under the Loan, or the
bankruptcy of any party to any such lease, contract or agreement.
3.6 Injunction- Any court of competent jurisdiction (including without limitation the
U.S. Bankruptcy Courts) enjoins or prohibits the Borrower or the Bank or either of them from
performing under this Deed of Trust or any of the other Loan Documents, and such proceedings
are not discontinued or such decree is not vacated within forty-five (45) days after the granting
thereof.
3.7 Permits, The Borrower neglects, fails, or refuses to keep in full force and effect
(a) any permit or approval with respect to the construction, occupation or use of the Premises or
(b) the hazard and liability insurance required hereunder-
3.8 Lawsuits. Any suit, or combination of suits, shall be filed against Borrower, any
member thereof, or any guarantor of the Loan, which in the reasonable judgment of the Bank has
a substantial likelihood of being determined adversely, and which, if adversely determined, could
reasonably be expected substantially to impair the ability of Borrower, any members thereof or
any guarantor of the Loan, to perform each and every one of their respective obligations under
and by virtue of the Loan Documents.
3.9 Financial Condition. Any representation or warranty submitted to the Bank
concerning the financial condition or credit standing of the Borrower, any member thereof or any
guarantor of the Loan proves to be false or misleading in a material respect or, in the Bank's
reasonable opinion, there is a threat to its security for the Loan by reason of a material adverse
change in the financial condition or credit standing of the Borrower or any guarantor of the Loan.
3.10 Liens and Encumbrances. The Borrower fails to keep the Premises free and dear
of all encumbrances, liens, deeds of trust, security interests and subordinate financing, except as
may be approved in writing by the Bank in its sole discretion, and in the case of any consensual
encumbrances, liens, deeds of trust, security interests or subordinate financing, such written
approval to be obtained in advance.
3.11 Ownership. Any change in the ownership, membership or control of the
Borrower, any member thereof or any guarantor of the Loan or any sale, transfer or conveyance,
whether voluntary or involuntary, of the Premises or Rents and Profits or Intangible Personalty or
any portion thereof except as may be approved in writing in advance by the Bank in its sole
discretion.
3.12 Voluntary Bankruptcy. A voluntary petition is tiled by the Borrower or any
member thereof or any guarantor of the Loan seeking the protection of the bankruptcy court
under any chapter or section of the Bankruptcy Code, as amended, or of any state or federal court
under state insolvency or receivership laws.
3.13 Involuntary Bankruptcy. The Borrower or any member thereof or any guarantor
of the Loan has an involuntary petition filed against it under any chapter or section of the
F.\DOCSVCPRFJILFSTn\310691_iDOC I I
RECEIVED ".-
rE8 2 0 2p,,
OCM WILMINGTON,''

Lcox PAGE
2307 01I90
ARTICLE V
Additional Rights and Remedies of the Bank
5.1 Rights Upon MgAgjjy or an Event of Default. Upon maturity of the Loan or upon
the occurrence of an Event of Dedauh, the Bank, immediately and without additional notice and
without liability therefor to the Borrower, except for gross negligence, may do or cause to be
done any or all of the following (a) take physical possession of the Premises; (b) exercise its
right to collect the Rents and Profits; (c) enter into contracts for the completion, repair and
maintenance of the Improvements thereon, (d) expend Loan funds and any rents, income and
profits derived from the Premises; for payment of any taxes, insurance premnirris assessments and
charges for completion, repair and maintenance of the Improvements, preservation of the lien of
this Deed of Trust and satisfaction and fulfillment of any liabilities or obligations of the Borrower
arising out of or in any way connected with the construction of Improvements on the Premises
whether or not such liabilities and obligations is any way affect, or may affect, the Gen of this
Deed of Trust; (e) enter into leases demising the Premises or any part thereof; (f) take such steps
to protect and enforce the specific performance of any covenant, condition or agreement in the
Note, this Deed of Trust or the other Loan Documents, or to aid the execution of any power
he = granted; and (g) generally, supervise, manage, and contract with reference to the Premises
as if the Bank were equitable owner of the Premises. Notwithstanding the occurrence of an Event
of Default or acceleration of the Loan, the Bank shall continue to have the right to pay money,
whether or not Loan funds, for the purposes described in Sections 2.3, 2.7 and 2.16 hereof and
all such sums and interest thereon shall be several hereby_ The Borrower also agrees that any of
the foregoing rights and remedies of the Bank may be exercised at any time independently of the
exercise of any other such rights and remedies, and the Back may continue to exercise any or all
such rights and remedies until the Event(s) of Default of the Borrower are cued with the consent
of the: Bank or until foreclosure and the conveyance of the Premises to the high bidder or until the
Loan is otherwise satisfied or paid in full.
5.2 Appointment of Receiver. Upon the maturity of the Loan or upon the occurrence
of an Event of Default, the Bank shall be entitled, without additional notice and without regard to
the adequacy of any security for the Loan or the solvency of any party bound for its payment, to
seek the appointment of a receiver to take possession of and to operate the Premises, and to
collect the rents, issues, profits, and income thereof all expenses of which shall be added to the
Loan and secured hereby-
5.3 Waivers. No waiver of any Event of Default shall at any time thereafter be held to
be a waiver of any rights of the Bank stated anywhere in the Note, this Deed of Trust or any of
the other Loan Documents, nor shall any waiver of a prior Event of Default operate to waive any
subsequent Event(s) of Default. All remedies provided in this Deed of Trust, in the Note and in
the other Loan Documents are cumulative and may, at the election of the Bank, be exercised
alternatively, successively, or in any manner and are in addition to any other rights provided by
law.
F\DocSV[-'d\REA ES7nU1060)_ZDOC 13
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BOOK PAGE
2307 0502
TOQSTM WITH a perpetual non-exclusive easement for golf course
employees and golf course customers playing upon the Echo Pares
golf course to utilize exiating paths and walkways, retrieim errant
Qolf balls, and for other functions usually and customarily
associated with activity and play upon golf courses over, upon and
across the property described on sxhibit "A" attached and
incorporated by reference to that certain Deed of Ease —at filed of
record on April 8, 1997, and duly recorded In Deed Book 9164, at
page 196, New Hanover County Registry_
RECEIVED
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EXHIBIT B (con't)
BOOK PAGE
2307 0506
u. w..r.i USAJAtr aos..ant to tba CLIV at 40-lbolaWtm xoc*c+a" in gook ZM,
a», awn a.wwr amft assiatcr.
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