109-84 TX/Renewal 06/2005 Minnesott Beach Holdings, LLC

Permit Class Permit Number
TRANSFER 109-84
RENEWAUMAINTENANCE 5 STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
L L to i
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Minnesott Beach Holdings,LLC 1107 Bennett Road Arapahoe,NC 28510�
Authorizing development in Pamlico County at the Neuse River Alligator Gut
as requested in the permittee's letter dated 3 f184)rehe'ad Cl14 CA,
This permit, issued on June 7,2005 , is 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 transfer/renewal shall be attached to copies of the following attached permit documents, which
include all application forms and workplan drawings:
a. Permit 109-84, issued to Keith A. Wolfenbarger on 6/18/84,
b. The 4/12/85 minor modification/renewal,
c. The 4/22/88 minor modification,
d. The 5/20/88 minor modification,
e. The renewals of 4/3/89, 2/23/90, 2/7/91, 3/29/95, and 3/29/00
2) Copies of all referenced documents shall be readily available on site when Division representative
inspects the project for compliance. In accepting this permit transfer, the new permittee agrees that
all conditions and stipulations of the active per.-nit remain in force.
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the I
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
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 C arles S. Jones, Director
hereunder requires further Division approval. lvlsion of Coastal Management
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
July 319 2010
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. �Sijn-ature of Permittee

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
June 8,2005
Minnesott Beach Holdings,LLC
1107 Bennett Road
Arapahoe,NC 28510
Dear Sir or Madam:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff-
colored form) and the copy. 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. Please retain the original(buff-colored
form),as it must be available on site when the project is inspected for compliance.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
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, [phone] within twenty
(20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid
objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation.
The Coastal Resources Commission makes the final decision on any appeal.
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 require
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 is 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.
Sincerely,
Douglas V.Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Avenue, Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Permit# 9" 91
DCM Coordinator:
MAILING DISTRIBUTION: �. ' /
Permitee: PA--o,,est-4* Gea-0 Lw,, s , LL`�t!
Agent:
DCM4as
ffices:
th
ad Ci
gton
Wilmington
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT�eD
Bill BiddlecoOT)
aleigh Bland
Wilmington: Dave Timpy(NCDOT)
Henry Wicker
Others:
Cultural Resources: Renee Gledhill-Early
Environmental Health: Terry Pierce
Marine Fisheries: Mike Street
NCDOT: Ken Pace
Shellfish Sanitation: Patty Fowler
State Property Office: Joseph Henderson
Water Quality: Cyndi Karoly(for non-DOT)
John Hennessy(NCDOT)
Water Resources: John Sutherland
Wildlife Resources: Maria Tripp
Bennett Wynne
David Cox(NCDOT)
Travis Wilson(NCDOT)
LPO:
FAXING DISTRIBUTION:
Permitee at
Agent at
DCM Field Offices:
Elizabeth City(252/264-3723)
Morehead City(252/247-3330)
Washington(252/948-0478)
Wilmington(910/350-2004)
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland(252/975-1399) -
Wilmington: Dave Timpy(NCDOT)
Henry Wicker(910/251-4025)
CAMA Major Permit Process Manual Page 70 of 70

EFFECTIVE APRIL 1, 2005 '� ! A
WAYFARERS COVE MARINA COMPANY
RULES OF THE MARINA
APPLICABLE TO ALL SLIP HOLDERS-SIGNING YOUR RENTAL
AGREEEMENT CONSTITUTES YOUR UNDERSTANDING OF AND
AGREEMENT TO THE TERMS OF THIS DOCUMENT
The following Rules apply to each Slip Holder("Owner") and his/her servants, agents,
guests and invitees, and to the boat(s) and other personal property of Owner while in or
on the Premises of Wayfarers Cove Marina in Minnesott Beach, Pamlico County,North
Carolina, and replaces all prior Rules published by the Marina prior to the date shown
above.
1. To be admitted to and remain in or on the Premises, each vessel must be:
(a) used for pleasure only;
(b) property registered or documented;
(c) equipped and maintained in accordance with law and normal marine standards
of safety;
(d) kept in seaworthy condition at all times; and
(e) insured as required by these Rules.
2. Owner is expected to record serial numbers and descriptions of his/her boat(s) and
equipment that is located in or on the Premises and may be subject to theft. Owner will
report to Marina staff the existence of any suspicious motor vehicle,person(s) or vessels
within the Premises. Owner agrees that he/she will immediately notify Marina of any
change of address, telephone or fax number or email address from that shown on the
Application.
3. Owner agrees to provide Marina with a complete set of hatch and ignition keys
(or lock combinations) for entrance to Owner's boat(s) berthed in or on the Premises.
Marina will allow no one other than appropriate Marina staff on board any vessel for any
reason without prior authorization from Owner. Owner shall advise Marina if any one
other than Owner is to be granted access to his/her boat(s).
4. OWNER AGREES TO USE EVERY REASONABLE MEANS OF FIRE
PREVENTION ON OR ABOUT HIS BOAT(S), INCLUDING WITHOUT
LIMITATION:
(A) NO SPACED/ELECTRICAL HEATERS ARE TO BE RUNNING WHEN
OWNER IS NOT ABOARD.
(B) NO ELECTRICAL DEVICES OF ANY SORT INCLUDING LIGHT BULBS
ARE TO BE ON WHEN OWNER IS NOT ABOARD. (LIGHJT BULBS MAY
NOT BE BURNED DURING THE WINTER MONTHS TO HEAT THE
BOAT.)
(C) BOATS ARE TO BE FUELED AT THE FUEL DOCK; FUEL CONTAINERS
ARE NOT TO BE TRANSPORTED ABOUT THE PREMISES.

EFFECTIVE APRIL 1, 2005
(D) NO FIRES ARE TO BE STARTED ANYWHERE ON DOCKS OR FINGER
PIERS OR IN THE VICINITY OF BOATS, BUILDINGS OR MOTOR
VEHICLES.
5. Owner agrees that Marina shall have a lien for unpaid slip rental charges,
additional fees and other indebtedness of Owner to Marina on(a) Owner's boat(s) located
in or on the Premises and on boat trailers and (b) all other personal property of Owner
located in or on the Premises or used in connection with the Slip. The foregoing lien is in
addition to all other liens or remedies provided by law. Owner agrees he/she will not
remove his/her boat(s), trailers or other property from the Slip or from the Premises
during the Term and thereafter until all delinquent accounts payable to the Marina under
this/her rental agreement are paid in full. Before or after termination of this/her lease,
Marina may take possession of Owner's boat(s),trailers and personal property to satisfy
any lien Marina may have against said boat(s),trailers or personal property, and Marina
may forthwith sell such boat(s), trailers and personal property at private or public sale
following mailing notice of sale to Owner at the address shown on the Application.
Marina shall not be liable to Owner or to any other person or entity for exercising its
rights under this paragraph 5.
6. Marina's self help remedies under paragraph 5 above shall include but not be
limited to hauling Owner's boat(s) from the water and placing the same in dry storage
until the lien is satisfied. In such event, and in any event after the Term, Marina may
remove any boat or other personal property from the Slip with or without legal process
and store such removed boat or personal property at any location at Owner's sole
expense. Marina shall have no liability to Owner or any other person or entity for such
removal or storage or for any damage caused to such boat or personal property during or
by reason of such removal or storage.
7. Owner agrees and covenants that he/she and his/her servants, agents, guests and
invitees will conduct themselves and operate their boats, motor vehicles, equipment, tools
and other property at all times in and about the Premises in a prudent and orderly manner
and in such a manner as to not create any annoyance,hazard or nuisance to in or to the
Premises or to other slip holders or residents of the Premises. Owner hereby agrees that
Owner, his/her servants, agents, guests and invitees will at all times when on the
Premises or on Owner's boat(s) within the Premises comply with all these Rules, and
with any other Rules hereafter promulgated by Marina and published to Owner. Owner
further covenants that while in or on the Premises or on Owner's boat(s) within the
Premises he/she and his/her servants, agents, guests and invitees will comply with all
applicable laws, ordinances and regulations, including without limitation all applicable
rules and regulations promulgated by the U.S. Coast Guard and the North Carolina
Department of Environment and Natural Resources.
8. The Premises lie within a residential area. Owner will at all times respect the
privacy and property rights of these residents and Owner, his/her servants, agents, guests
and invitees are prohibit from trespassing on such residential property and/or related
facilities.
2

EFFECTIVE APRIL 1, 2005
9. Owner will keep his/her area of dock and pier free of litter, hoses, dock lines,
cleaning materials, tools and maintenance materials, dinghies, boat supplies and other
property of Owner. Owner will limit all storage of property to his/her dock box or on
his/her boat(s) if he has no dock box. Dinghies will be stored on dinghy racks provided
on the Premises and designated as Owner's dinghy rack. Owner will clearly mark his/her
dinghy with appropriate identification.
10. Owner„ his/her agent, guests and invitees will assist in keeping the Premises neat
and clean at all times, including restroom facilities, washer and dryer facilities, shower
facilities, the Premises grounds, the beach area, the lounge area and all other areas and
facilities in or on the Premises that are made available to Owner. Owner will not litter
and/or leave any area of the Premises in an unkempt condition.
11. Owner will ask Marina staff for permission to use the fireplace before using same
and use it with normal safety procedures and caution. When Owner or his/her servants,
agents, guests or invitees discontinue use of such facilities, Owner will turn off lights,
TV, close doors and windows, and clean up after himself and his/her servants, agents,
guests and invitees. Owner will immediately report any damage or misuse of such
facilities, as well as any malfunctioning plumbing, electrical service, water service, or
other systems or facilities, to Marina staff.
12. Owner agrees to use shoreside sanitary trash facilities and pump out station as
necessary to dispose of trash, garbage and holding tank material. Owner will not dispose
of spend engine oil in or on the Premises without express direction from Marina staff.
13. Children of Owner and his/her servants, agents, guests and invitees under the age
of 15 are not to use the lounge, porch, store, or other Marina common facilities for social
gatherings Excessive noise, running about the piers and other disturbances will not be
tolerated. OWNER SHALL STRICTLY SUPERVISE CHILDREN AT ALL TIMES IN
AND ON THE PREMISES. MARINA TAKES ABSOLUTELY NO
RESPONSIBILITY FOR CHILDREN OF ANY AGE LEFT ALONE IN OR ON THE
PREMISES. CHILDREN UNDER THE AGE OF 15 WILL BE TAKEN WITH
PARENTS WHEN PARENTS LEAVE THE PREMISES TO GO BOATING OR
OTHERWISE. CHILDREN OF OWNER AND HIS AGENTS, GUESTS AND
INVITEES UNDER THE AGE OF 15 WILL AT ALL TIMES WHILE IN OR ON THE
PREMISES BE ACCOMPANIED BY AN ADULT. OWNER ASSUMES FULL
RESPONSIBILITY FOR SEEING THAT CHILDREN AND ALL OTHERS OF HIS
AGENTS, GUESTS AND INVITEES WHO ARE UNABLE TO SWIM SHALL WEAR
LIFE JACKETS WHEN ON BOARD AND/OR AROUND DOCK AND SLIP AREAS.
14. Advertising and soliciting of any kind are not permitted in any part of the
Premises. This/her includes "FOR SALE" signs on vessels berthed or in dry storage in or
on the Premises without prior written approval by Marina.
3

EFFECTIVE APRIL 1, 2005
15. Owner may not sublet the Slip or assign any interest under this rental agreement
without obtaining prior written consent of Marina, which may be withheld, delayed or
denied by Marina in its sole discretion.
16. No vessel shall be chartered or rented from the Premises for a fee.
17. Owner will not pump overboard waste or fuel into the Marina basin. Owner will
not empty portapotties into shoreside toilets or other restroom or convenience facilities.
18. Owner acknowledges that Marina has provided certain common facilities for use
by Slip holders, their servants, agents, guests and invitees, including dock facilities, a
lounge/TV room, toilets, showers, and clothes washers and dryers, and Owner agrees and
covenants that he/she and his/her servants, servants, agents, guests and invitees will not
abuse such facilities, will follow common courtesies in sharing such facilities with others,
will clean up after using such facilities, will follow all posted instructions regarding use
of such facilities, and will notify Marina immediately of any malfunction of or damage to
such facilities.
19. Marina does not guarantee that electrical, water and other utility service will be
uninterrupted. Electrical as well as water and other service shall be shut off as deemed
necessary by Marina in its sole discretion in matters of safety ,extreme weather, high
tides, and other dangers . Resumption of service will be at Marina's sole discretion.
Marina reserves the right to charge for the electrical use consumed by heaters, air
conditioners, power tools and other appliances onboard, or to meter a vessel's electrical
usage.
20. Reverse polarity and electrolysis caused by the Owner's boat(s) in the water are a
great danger to his boat(s) and to other vessels in the area. Owner will use only
acceptable marine electrical connectors. All shoreside adapters and dockside plugs must
be equipped with an acceptable ground and weather proofing. In 220 V/50 amp systems
the neutral leg does not constitute a ground. OWNER WILL PLEASE CHECK WITH
THE YARD MANAGER IF HE/SHE IS HAVING, OR SEEMS TO HAVE,
DOCKSIDE/ONBOARD ELECTRICAL PROBLEMS.
21. OWNER ACKNOWLEDGES HIS/HER AWARENESS THAT MARINA IS
NOT OBLIGATED TO AND WILL NOT PROVIDE GUARDS OR SUPERVISION AT
THE MARINA TO POLICE THE SLIP, OWNER'S BOAT(S), BOAT TRAILERS,
MOTOR VEHICLES OR OTHER PROPERTY OR THE CONDUCT OF PERSONS
ON THE PREMISES OR THE CONDITION OF INSTRUMENTALITIES PLACED
ON THE PREMISES BY OWNER OR OTHER RENTERS OF SLIPS AT THE
PREMISES. Owner specifically acknowledges that he/she has inspected and will
continuously inspect the Slip and walks and ramps leading to the Slip and agrees that
he/she will promptly report any dangerous conditions to Marina and will post a notice of
such dangerous condition at the location of same so as to alert other persons to the
perceived danger.
4

EFFECTIVE APRIL 1, 2005
22. Owner assumes sole responsibility for all mooring and dock lines and other
methods of securing his/her boat(s). Marina will not be liable for damage to vessels
(Owner's and others) or Marina property due to Owner's mooring or dock securing
procedures.
23. In the event of severe storms, hurricanes, extreme tidal changes or other"Acts of
God". Owner has sole responsibility for taking all emergency procedures possible to
prepare his/her boat(s) and other property for such events. Marina assumes no liability
for damages to or protection of Owner's boat(s) or other property under these conditions.
24. Owner agrees that Marina and its servants and agents may enter upon Owner's
boat(s) located in the Slip or otherwise in or on the Premises when a violation of these
Rules has occurred or to replace and/or secure or resecure mooring lines, dock lines and
other means of securing such boat(s), or to move and/or enter such boat(s) to correct any
condition on such boat(s), in the event of storm, tidal or other severe conditions, or
otherwise at any time and in any event that Marina determines in its sole discretion that
the safety or well being of such boat(s), the Slip, the Premises or other boats or property
in the Premises is at risk due to the condition of such mooring lines, dock lines, other
such means of securing such boat(s) or to the condition of such boat(s). Owner agrees
that Marina shall not be liable to Owner or to any other person or entity for any loss,
injury, or damage to person or property relating to such actions by Marina, its servants,
agents, guests and invitees described in this/her paragraph 6, and shall hold Marina, its
servants, agents, guests and invitees harmless from and against any such loss, injury or
damage. Owner further agrees that any costs associated with such action by Marina, its
servants, agents, guests and invitees shall be the sole responsibility of Owner and shall be
invoiced and paid in accordance with the Slip Rental Agreement.
25. Marina may temporarily or permanently move Owner's boat(s) to a comparable
Slip in the Premises at any time with advance notice to Owner; provided that Marina may
move said boat(s) without notice or the knowledge of Owner in case of an emergency in
Marina's sole judgment or if Marina has attempted but failed to communicate such action
to Owner.
26. Owner agrees that Marina shall not permit any contractor or other person who is
not engaged by or through Marina to perform work on Owner's boat(s) located in or on
the Premises. Owner agrees that he/she will not engage or permit any such contractor to
perform work in or on the Premises. Marina will not approve outside contractor work
that can be done in Marina's services yard.
27. Major alterations and repairs will not be done in Owner's slip. Owner will use the
work dock at Marina's repair yard for such alterations or repairs. The manager of the
repair yard shall be contacted regarding to approve and schedule such access to the repair
yard. OWNER UNDERSTANDS THAT NO ONE IS TO BE IN THE REPAIR YARD
UNLESS HE HAS BUSINESS THERE, NOR SHALL OWNER, HIS SERVANTS,
AGENTS, GUESTS OR INVITEES BE IN THE VICINITY OF ANY EQUIPMENT IN
5

EFFECTIVE APRIL 1, 2005
USE IN THE YARD. CHILDREN ARE NOT PERMITTED IN THE REPAIR YARD
AT ANY TIME FOR ANY REASON.
28. OWNER MUST CLOSELY SUPERVISE THE USE OF ANY EQUIPMENT,
MACHINERY, TOOLS OR MATERIALS USED IN OR ON THE PREMISES BY
OWNER OR BY HIS/HER SERVANTS, AGENTS, SERVANTS, GUESTS AND
INVITEES, AND SAME SHALL BE USED AT THE SOLE RISK OF THE PERSON
OR PERSONS USING OR OPERATING SAME. OWNER AGREES TO HOLD
HARMLESS AND INDEMNIFY MARINA FROM ANY AND ALL LIABILITY AND
CLAIMS RELATING TO SUCH USE OF EQUIPMENT, INCLUDING WITHOUT
LIMITATION ATTORNEY FEES AND LEGAL COSTS ACTUALLY EXPENDED
BY MARINA, IN DEFENDING SUCH LIABILITY OR CLAIMS ASSERTED BY
OWNER, HIS/HER SERVANTS, AGENTS, GUESTS, OR INVITEES OR FROM
THIRD PERSONS, ARISING FROM USE OF SUCH EQUIPMENT, MACHINERY,
TOOLS OR MATERIALS.
29. Owner agrees that he/she is liable for all damages whatsoever to the Premises and
all Marina facilities and property located in or on the Premises and to all other vessels or
persons or property in and about the Premises caused by Owner, his/her boat(s), boat
trailers, motor vehicles or other equipment or property used, operated or controlled,
directly or indirectly, by him/her, or by his/her servants, agents, guests or invitees, and
Owner agrees to indemnify and hold Marina harmless from all claims for such damage,
including without limitation attorney fees and legal costs actually expended by Marina in
defending itself or the Premises.
30. Owner's storage and use of his/her boat or other activities of Owner and his/her
servants, agents, guests and invitees at or about the Premises shall be at the sole risk and
expense of Owner and such persons. Marina shall not be liable to Owner or to any other
person or entity for any loss, injury, or damage relating to transportation, hauling, storage
or use of Owner's boat, boat trailer, motor vehicle or other property in or on the
Premises, or for the actions of Owner or his/her servants, agents, guests or invitees from
or in connection with any cause whatsoever.
31. Marina does not accept any responsibility for damage to persons or property
caused by any person or entity in or on the Premises except that which is caused directly
by Marina or its employees, servants or agents and which is not otherwise exculpated
under these Rules. Owner agrees that the entire responsibility of securing of his/her
property (including boats) from vandalism, foul weather and all other risks or exposure is
the sole responsibility of Owner, and Owner hereby holds harmless Marina and its
employees, servants, agents, guests and invitees from and against any such responsibility
and damages or claims of any nature deriving therefrom.
32. Owner shall have his/her boat(s) fully insured at all times with complete hull
coverage and standard marine indemnity and liability coverage, and shall provide a copy
of such policy to Marina prior to commencement of the Term and prior to any extension
thereof, but not less frequently than annually.
6

EFFECTIVE APRIL 1, 2005
33. Owner agrees to learn and use the"Horn Rule"; i.e., signal used by vessels within
the waters of the Premises for purposes of ensuring safety in passage through the entrance
channel. This rule is posted in the Harbor Master's Office.
34. If dredging or other channel maintenance is in progress, Owner agrees to check at
the Harbor Master's Office regarding use of the channel during such dredging operations.
Owner and his/her servants, agents, guests and invitees will stay away from equipment,
spoil pit and drains and abide by restrictions on parking and beach access and use of other
areas involved in the dredging process. ANY CONSTRUCTION SITE IN OR ON THE
PREMISES IS "OFF LIMITS" TO OWNER AND HIS/HER SERVANTS, AGENTS,
GUESTS AND INVITEES.
35. Owner agrees to abide by any posted speed limits and other traffic restrictions in
or on the Premises, Owner agrees to generally drive less than 15 miles per hour and with
all due care in and on the Premise. Motor vehicles are to be kept off grassy areas and
parked only in designated parking areas.
36. DOGS ARE NOT TO BE PERMITTED TO RUN FREELY IN AND ON THE
PREMISES AND MUST BE KEPT UNDER OWNER'S CONTROL AT ALL TIMES
AND LEASHED, IF DEEMED NECESSARY BY MARINA AT ITS SOLE
DISCRETION. OWNERS WILL BE HELD RESPONSIBLE, FINANCIALLY AND
OTHERWISE, FOR DAMAGES CAUSED BY PETS TO OTHERS AND THEIR
PROPERTY, OR TO MARINA PROPERTY.
37. Owner agrees that Marina shall have no liability to any person or entity because
of the enforcement or failure to enforce any terms of this rental agreement, or any law,
ordinance, rule or regulation applicable to the Premises or to any person or property
thereon. Owner agrees to indemnify and hold Marina harmless from all claims for any
such liability or damage, including without limitation attorney fees and legal costs
actually expended by Marina in defending itself or the Premises with respect to the
breach of any covenant under this rental agreement.
38. All capitalized terms used but not defined herein shall have the meaning ascribed
to them in the Wayfarers Cove Slip Rental Agreement standard form.
7

(LCV 6V L,061 GAz,
*or� 2*�o
� - h@ 06
.� �. C.
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B.Sandbeck,Administrator
Michael F.Easley,Governor Office of Archives and History
Lisbeth C.Evans,Secretary Division of Historical Resources
Jeffrey J.Crow,Deputy Secretary David Brook,Director
April 13, 2006
MEMORANDUM
TO: David W. Moye
Express Permits Coordinator
Washington Regional Office
FROM: Peter Sandbecl�jftc 1" Oqua 10q YAP
SUBJECT: Minnesott Beach Holdings,LLC,Wayfarers Cove,Pamlico County, ER 05-1649
We have reviewed the archaeological survey report by Dr. H.Trawick Ward of Advance Archaeological
Assessments, Inc. for the above project and offer the following comments.
The archaeological survey was conducted of the two areas identified as likely to contain Native American
archaeological sites. During the course of the survey, no Native American or historic archaeological sites
were located within the project area. Due to the absence of cultural resources, Dr. Ward has recommended
that no further archaeological investigation be conducted in connection with this project. We concur with
this recommendation since the project will not involve significant archaeological resources.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future
communication concerning this project,please cite the above-referenced tracking number.
cc: Tom Hicks,Minnesott Beach Holdings
Dr. H. Trawick Ward,Advance Archaeological Assessments, Inc.
Location Mailing Address Telephone/Fax
ADMINISTRATION 507 N.Blount Street,Raleigh NC 4617 Mail Service Center,Raleigh NC 276914617 [phone]/7338653
RESTORATION 515 N.Blount Street,Raleigh NC 4617 Mail Service Center,Raleigh NC 276944617 (919)7336547/7154801
SURVEY&PLANNING 515 N.Blount Street,Raleigh,NC 4617 Mail Service Center,Raleigh NC 2769914617 [phone]/715-4801

W•qrF Michael F.Laslev,Govemor
William G.Ross Jr.,Secretary
-Y North Carolina Department of Environment and Natural Resources
f
Q�rAlan W.Klimek,P.E.Director
x� Division of Water alit
z y?r Q4 Y
sLr �
-
September 15, 2005 0
Mr. Tom Hicks Member/Manager
2�
er �pp6
9 d'
9K
Minnesott Beach Holdings, LLC 0/irp
1107 Bennett Road
Arapahoe, NC 28510 ail.
Subject: Stormwater Permit No. SW7050714
Wayfarers Cover
High Density Project
Pamlico County
Dear Mr. Hicks:
The Washington Regional Office received a complete Stormwater Management Permit
Application for Island Land Center on August 31, 2005. Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the
Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding
Permit No. SW7050714 dated September 15, 2005, for the construction of the subject
project.
This permit shall be effective from the date of issuance until September 15, 2015, and
shall be subject to the conditions and limitations as specified therein. Please pay
special attention to the Operation and Maintenance requirements in this permit. Failure
to establish an adequate system for operation and maintenance of the stormwater
management system will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you
have the right to request an adjudicatory hearing upon written request within thirty (30)
days following receipt of this permit. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27811-
7447. unless such demands are made this permit shall be final and binding.
If you have any questioc 1s, or need additional information concerning this matter, please
contact Scott Vinson, or me at [phone].
"od
Regional Supervisor
Surface Water Protection Section
AH/sav: C.\STORMWAT\PERMIT\SW7050714
M. t,-Kevin Avolis, PE
Pamlico County Building Inspections
David Moye, CAMA -W@RO
Washington Regional Office
Central Files ilTorthC::,
,;�Wdit2
North Carolina Division of Rater QualitN Washington Regional 013ice Phone[phone] FAX[phone] Customer Service
Internet h2o.enr.state.ne.us 943 Washington Square Mail,Washington-NC 27889 1-877-623.6748

State Stormwater Management Systems
Permit No. SVV7050714
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCE
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DIVISION OF WATER QUALITY Sip <
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STATE STORMWATER MANAGEMENT PERMIT beec,ci
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Minnesott Beach Holdings, LLC
Wayfarers Cove
Pamlico County
FOR THE
construction, operation and maintenance of six infiltration basins in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "storm water rules' and
the approved stormwater management plans and specifications and other supporting
data as attached and on file with and approved by the Division of Water Quality and
considered a part of this permit.
This permit shall be effective from the date of issuance until September 15, 2015, and
shall be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 on page 3 of this permit. The stormwater
control has been designed to handle the runoff from 497,000 square feet of
impervious area.
3. The tract will be limited to the amount of built-upon area indicated on page 3 of
this permit, and per approved plans.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
5. The runoff from all built-upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
Page 2of8

State Stormwater Management Systems
Permit No. SW7050714
6. The following design criteria have been provided in the infiltration basin and mLLst
be maintained at design condition: S 4'
0 22 � .
Lobe U6
a. Site Area, acres: 34.85 ad
Basin 1 Basin 2 Basin 3 �1ij
b. Drainage Area to Basins, acres: 7.51 6.25 2.51
C. Total Impervious Surfaces, ft2: 143,672 122,205 66,923
d. Design Storm, inches: 1 1 1
e. Basins Depth, feet: 1.30 1.80 1.50
f. Bottom Elevation, FMSL: 9.50 9.50 9.50
g. Bottom Surface Area, ft2: 9,412 6,268 3,464
h. Bypass Overflow Elevation, FMSL: 10.80 11.30 11.00
i. Permitted Storage Volume, ft3: 13,802 11,773 6,074
j. Type of Soil: Alpin Alpin Alpin
k. Expected Infiltration Rate, in/hr: 2.0 2.0 2.0
I. Seasonal High Water Table, FMSL: 7.5 7.5 7.5
M. Time to Draw Down, hours: 7.8 1 1.0 9.0
n. Receiving Stream/River Basin: Alligator Gut / Neuse
o. Stream Index Number: 27-116
P. Classification of Water Body: "SC; Sw, NSW'
Page 3 of 8

State Stormwater Management.Systems
Permit No. SW70507 4
6. (continued) ]
a. Site Area, acres: 34.85 �p
Basin 4A Basin 413 Basin-5 ,;�j
b. Drainage Area to Basins, acres: 5.94 0.86 3.28
C. Total Impervious Surfaces, ft2: 45,526 18,303 100,37-1
d. Design Storm, inches:
e. Basins Depth, feet: 1.00 1.00 1.50
f. Bottom Elevation, FMSL: 13.0 12.0 19.0
g. Bottom Surface Area, ft2: 6,353 1,550 5,802
h. Bypass Overflow Elevation, FMSL: 14.00 13.00 20.50
i. Permitted Storage Volume, ft3: 7,134 1,824 9,764
j. Type of Soil: Alpin Alpin Alpin
k. Expected Infiltration Rate, in/hr: 2.0 2.0 2.0
I. Seasonal High Water Table, FMSL: 9.0 9.0 14.0
M. Time to Draw Down, hours: 6.0 6.0 9.0
n. Receiving Stream/River Basin: Alligator Gut / Neuse
o. Stream Index Number: 27-116
P. Classification of Water Body: "SC; ow, NSW,
II. SCHEDULE OF COMPLIANCE
1. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built-upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum
efficiency. The approved Operation and Maintenance Plan must be followed in
its entirety and maintenance must occur at the scheduled intervals including, but
not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowin.9 and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of bypass structure, infiltration media, flow
spreader, catch basins, piping and vegetated filter.
g. A clear access path to the bypass structure must be available at all times.
Page 4 of 8

State Stormwater Management Systems
Permit No. SW7050714
4. Records of maintenance activities must be kept and made available upon
request to*authorized personnel of DWQ. The records will indic the date,
activity, name of person performing the work and what actions wV Jaken.
5. The facilities shall be constructed as shown on the approved plans. This permit
shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans and specifications, and other
supporting data.
6. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
7. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
8. Access to the stormwater facilities shall be maintained via appropriate
easements at all times.
9. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to any item shown on the approved plans, including the
stormwater management measures, built-upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built-upon area or to the
drainage area.
e. Further subdivision, acquisition, lease or sale of all or part of the project
area. The project area is defined as all property owned by the permittee,
for which Sedimentation and Erosion Control Plan approval or a CAMA
Major permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
10. The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction.
11. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
12. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
Page 5 of 8

State Stormwater Management Systems
• Permit No. SW705.4I1.4
III. GENERAL CONDITIONS ,;.��
r p�
1. This permit is riot transferable except after notice to and approval by Director. l '006
In the event of a change of ownership, or a name change, the permittee tnus>oa �
submit a formal permit transfer request to the Division of Water Quality,
accompanied by a completed name/ownership change form, documentation t,
from the parties involved, and other supporting materials as may be appropriate. '
The approval of this request will be considered on its merits and may or may not
be approved. The permittee is responsible for compliance with all permit
conditions until such time as the Division approves the transfer request.
2. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal) having jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation
of nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
5. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
8. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
9. The permittee shall notify the Division any name, ownership or mailing address
changes within 30 days.
Permit issued this the 15th day of September, 2005.
RTH CA OLINA ENVIRONMENTAL MANAGEMENT COMMISSION
A n VV. KI mek, , Directo
Division of Water Quality
By Authority of the Environmental Management Commission
Page 6of8

State Stormwater Management Systems
Permit No. SWAU714
Wayfarers Cove `sF
Stormwater Perm 4`it No: SV 7050714 A �p
o 04 2��0
Designers Certification
0
4'c16
6
as a duly registered `��,
in the State of North Carolina, having been authorized to observe (periodically/weekly/ '
full time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved.plans and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specification:
SEAL
Signature
Registration Number
Date
Page 7 of 8

46
. � Mo SAP t
Certification Requirements: re/�e '000
1. The drainage area to the system contains appr6 im
acreage.
2. The drainage area to the system contains no morel
amount of built-upon area.
3. All the built-upon area associated with the project is
runoff drains to the system.
4. All roof drains are located such that the runoff is dir
5. The bypass structure weir elevation is per the appr,
g. The bypass structure is located per the approved p
7. A Trash Rack is provided on the bypass structure.
8. All slopes are grassed with permanent vegetation.
g. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and
circuiting of the system.
11 . The permitted amounts of surface area and/or vole
provided.
12. All required design depths are provided.
13. All required parts of the system are provided.
14. The required system dimensions are provided per
cc: NCDENR-DWQ Washington Regional Office
Pamlico County Building Inspections
Page 8 of 8

ARAPAH pRT
July 11, 2005 `,�
NC Department of Environment and Natural Resources
934 Washington Square Mall
Washington,NC 27889
ATTN: David W. Moye
Dear Mr. Moye:
The proposed Wayfarers Cove Marina Property is in compliance with the Town of
Minnesott Beach Zoning Ordinance.
If you need additional information, please let us know.
Sincerely,
Ray Lee
Mayor

ti
T �
Minnesott Beach Marina
1107 Bennett Road
Arapahoe,NC 28510
February 5, 2005
Stephen Lane i
NCDENR py ?1,'
400 Commerce Avenue
Morehead City,NC 28557
Morehead ULY DO'i' 1
Dear Stephen,
Please accept this letter as confirmation that we would like to start some
maintenance dredging, under permit number 109-84, which I am enclosing a copy of.
We are proposing to dredge the channel leading from the Neuse River to the
marina basin to a depth not to exceed 8 feet, in accordance with our permit. It is
anticipated that there will be approximately 2200 cubic yards of spoils material from the
dredging, with no dimensional changes proposed. We will be utilizing the existing spoils
disposal site,which has been approved for prior maintenance dredging under the present
permit. I am also enclosing a copy of the original permit plans with cross-hatching
indicating the area to be maintained. I am also indicating the date of the map revision and
my original signature on the plan. We have contracted with Michael King, King
Dredging, 300 Copeland Road, Beaufort,NC 28516, to perform the proposed
maintenance dredging.
Steve, as you know, we purchased the marina in September, 2004 and we have
sent a letter to Doug Huggett requesting that this permit be transferred into our name and
to extend the term, which I am enclosing a copy of.
Thank you very much for your attention to this matter and should you
need any further information,please do not hesitate to contact me at 252-249-1424.
Sincerely,
/"":e� 1A M*U•W
Peter H. Mac Murray
Cc: Doug Huggett
r 3 \ a

Also, we are seeking to do some maintenance dredging, under this permit, within
the next month,when all our requests are complete and approved. I am enclosing a copy
of the letter I sent to Stephen Lane, which complies with the permit, requesting
permission to start our dredging.
Thank you very much for your attention with this matter and if you need anything
further please do not hesitate to contact me at 252-249-1424.
Sincerely,
coat mom`
Peter H. Mac Murray
Cc: Stephen Lane

Alla_
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
MEMORANDUM:
TO: DOUG HUGGETT
THRU: TERE BARRETT _f
FROM: STEPHEN LANE,')Oe�
SUBJECT: RENEWAL REQUEST- CAMA MAJOR PERMIT #109-84, MINNESOTT
BEACH HOLDINGS, LLC, PAMLICO COUNTY
DATE: March 18, 2005
Please find enclosed a request from Mr. Peter Mac Murray, co-owner of Minnesott
Beach Holdings, LLC to transfer State Permit #109-84 from Keith
Wolfenbarger/Minnesott Beach Yacht Basin to Minnesott Beach Holdings, LLC.
This permit was originally issued to Keith Wolfenbarger/Minnesott Beach
Yacht Basin on June 18, 1984 for new dredging. The permit also included a clause
for maintenance dredging, which has been renewed thru July 31, 2005
Mr. Mac Murray has submitted the required $100 transfer fee with his request and a
copy of the check is attached. I have determined the request for the transfer of the
permit is consistent with the current rules and regulations of this Division and I support
the requested transfer of the permit with all of the original conditions.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone]\FAX: [phone]\ Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

Minnesott Beach Marina
1107 Bennett Road
Arapahoe,NC 28510
February 6, 2005
Doug Huggett
NCDENR
400 Commerce Avenue
Morehead City,NC 27889
Dear Doug,
On September 1, 2004, Minnesott Beach Holdings LLC purchased the Minnesott
Beach Yacht Basin from Judy and Keith Wolfenbarger. I am enclosing a copy of our
deed. Tom Hicks and I are the managers of Minnesott Beach Holdings LLC.
On June 18, 1984 Keith Wolfenbarger, Minnesott Beach Yacht Basin were issued
permit number 109-84 for excavation and dredging,which has been extended through
July 31, 2005. 1 am also enclosing a copy of this permit.
First, we are requesting that this permit be transferred into our name, as we are the
current owner of the marina. Secondly, we are also requesting that this permit be
extended for another term. I am enclosing two checks in the amount of$100.00 each, for
processing our request for the name change and for extending the permit. The correct
name and address would be as follows:
Minnesott Beach Holdings LLC
1107 Bennett Road
Arapahoe,NC 28510
ATTN: Peter H. Mac Murray
Doug, to the best of our knowledge,the Wolfenbargers have done nothing to the
marina,which would have been covered by their latest extension of the original permit.
We contracted for the marina in January 2004 and since the Wolfenbargers were under
contact to sell the marina,I am guessing they felt it was not necessary to do anything new
or perform any maintenance. We will be completely updating the marina and this permit
would be necessary for us to start and perform on going maintenance.

WAYFARER OVE
December 26, 2005
Mr. Stephen Lane
NCDENR V.
400 Commerce Avenue DEC 2 8 2005
Morehead City,North Carolina 28557
Dear Steve: Morehead City C)CM
This letter is to notify you that, starting approximately the second week of January, 2006,
we plan to finish dredging our channel, under permit number 109-84 (copy enclosed.)
The dredge area will extend from a location just inside channel markers 5 & 6, and end
before last channel markers 1 & 2. The depth of dredge will not exceed 8 feet, and will
contain approximately 2400 cubic yards of spoils. The spoils will be pumped by
hydraulic dredging into the existing, approved spoils basin. We have contracted with
Encore Dredging, Inc., P.O. Box 128,New Salisbury, Indiana 47161.
If you need any further information, please call me at 252-249-1424.
1 look forward to meeting you on January 3, 2006.
Regards,
L
Tom W. McC
Marina Manager
Wayfarers Cove
7707 Bennett Road • Arapahoe,NC 28510 • 252.249•1424 • Fax:[phone] • www.wayfarerscove.com