SW8000408_Historical File_20111011

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 11, 2011
James Erwin, Senior Vice President
CXA-5 Corporation
6000 Legacy Drive 4 East
Plano, TX 75024
Subject: Name Change/Ownership Change
Watermark Marina
Stormwater Permit No. SW8 000408
New Hanover County
Dear Mr. Erwin:
On September 8, 2011, the Wilmington Regional Office received a request for the transfer of
ownership of the Stormwater Management Permit for the subject project. Staff of the Division of
Water Quality have inspected the project, determined that the documentation is in order, and
the project is in compliance with the Stormwater permit requirements. As indicated on the
Name/Ownership Change form, you have acknowledged receipt of a copy of the permit, which
includes the application and supplement forms, a copy of the approved plans and a copy of the
required Operation and Maintenance agreement from the previous permittee. By acknowledging
receipt of the permit, and by signing the Name/Ownership Transfer form, you have accepted the
responsibility for complying with the terms and conditions outlined in this permit. If you need
additional copies of the permit, or copies of the approved plans, please contact the Division of
Water Quality in the Wilmington Regional Office at the phone number below. Please replace the
old second page of the permit with the enclosed updated page.
Please be aware that the project's built-upon area and stormwater controls must be built and
maintained in compliance with the permit documents and the approved plans. Maintenance
of the approved system shall be performed in accordance with the Operation and
Maintenance agreement. Any modifications to this project must be submitted to the Division
of Water Quality and approved prior to construction. The issuance of this approval does not
preclude you from complying with all other applicable statutes, rules, regulations or
ordinances, which may have jurisdiction over the proposed activity, and obtaining a permit
or approval prior to construction.
If you have any questions concerning this matter, please do not hesitate to call David Cox or me
at [phone].
Sin erely,
Georgette Scott
Stormwater Supervisor
Division of Water Quality
GDS/dwc: S:1WQS1StormwaterlPermits & Projectsl2000l000408 HD12011 10 permit 000408
cc: Dan Easter
New Hanover County Building Inspections
Wilmington Regional Office File
Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One
Phone:[phone] FAX:[phone],Customer Service:1-877-623-6748 itiTorthC ol�na
Internet:www.ncwaterqualily.org �Q'tllydll�d�An Equal Opportunity\Affirmative Action Employer

State Stormwater Management Systems
Permit No. SW8 000408
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
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
James Erwin & CXA-5 Corporation
Watermark Marina of Wilmington (formerly Barnards Creek Yacht Club)
New Hanover County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater 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 October 7, 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. This permit modifies the original Permit No.
SW8 000408, issued May 25, 2000, as follows: (a) owner name change from Watermark
Marina of Wilmington, LLC to CXA-5 Corporation; (b) project name change from Barnards
Creek Yacht Club to Watermark Marina (c) drainage area increase to 9.44 acres and
impervious area decrease to 321,805 ft ; (d) Plan revisions; and (e) modifications to the
previously permitted wet detention pond and outlet structure, based on as-built drawings
that were generated in September 2005 and are approved with this permit modification.
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 321,805 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. There is no allotment for future built-upon area at the site.
2

���
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number: swa 000408
2. Project Name: watermark Marina of Wilmington
3. Current Permit Holder's Company Name/Organization: watermark Marina of wilm. , LLC
4. Signing Official's Name: Dan Easter Title: vice President
5. Mailing Address: 5110 Hillsdale circle, suite 200
City: El Dorado Hills State: CA Zip: 95762
6. Phone: 916 941-9240 Fax: (__)
II. PROPOSED PERMITTEE/OWNER / PROJECT/ADDRESS INFORMATION
This request is for: (please check all that apply)
❑ Name change of the owner (Please complete Items 1, 2 and 3 below)
x❑ Name change of project (Please complete Item 5 below)
0 Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below)
❑ Mailing address/phone number change. (Please complete Item 4 below)
❑ Other (please explain):
1. Proposed permittee's company name/organization: CxA-5 corporation
2. Proposed permittee's signing official's name: James Erwin
3. Proposed permittee's title: senior vice President
4. Mailing Address: 6000 Legacy Drive 4 East
City: Plano State: Tx Zip: 75024
Phone: ( 469 467-5414 Fax: ( 972 ) 309-3970
5. New Project Name to be placed on permit: watermark Marina
Please check the appropriate box. The proposed permittee listed above is:
❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a
recorded easement for all areas that contain stormwater system features. Print name of HOA or
POA in#1 above and provide name of HOA/POA's authorized representative in#2 above)
❑x The property owner
❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information o
page 4) ('!.�I�TEO
❑ Purchaser (Attach a copy of the pending sales agreement. Final appr is transfer will e
granted upon receipt of a copy of the recorded deed) SEP p 8 �011
❑ Developer (Complete Property Owner Information on page 4)
SSlN N/O Change Revl5Feb2011 Page 1 of 4 g

III. REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal. Failure to provide the
listed items may result in processing delays or denial of the transfer.
1. This completed and signed form. This certification must be completed and signed by both the
current permit holder and the new applicant if this is a change of ownership.
2. Legal documentation of the properly transfer to a new owner.
3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit.
4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from
each DWQ Regional office), if required by the permit and if not already submitted to DWQ.
5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the authority of the named
representative to act on behalf of the proposed permittee.
6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing
fee is not required. Subsequent ownership transfers will require the $40.00 processing fee.
IV. CURRENT PERMITTEE'S CERTIFICATION
Please check one of the following statements and fill out the certification below that statement:
❑ Check here if the current permittee is only changing his/her its name, the project name, or mailing
address, but will retain the permit. I, , the current
permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing
address and/or I am changing the name of the permitted project. I further attest that this application
for a name/ownership change is accurate and complete to the best of my knowledge. I understand
that if all required parts of this application are not completed or if all required supporting information
and attachments listed above are not included, this application package will be returned as
incomplete.
xJ Check here if current permittee is transferring the property to a new owner and will not retain
ownership of the permit.
I, Watermark Marina of Wilmington , the current permittee, am submitting this application
for a transfer of ownership for permit# SW8 000408 . I hereby notify DWQ of the sale or
other legal transfer of the stormwater system associated with this permit. I have provided a copy of
the most recent permit, the designer's certification for each BMP, any recorded deed restrictions,
covenants, or easements, the DWQ approved plans and/or approved as-built plans, the approved
operation and maintenance agreement, past maintenance records, and the most recent DWQ
stormwater inspection report to the proposed permittee named in Sections II and V of this form. I
further attest that this application for a name/ownership change is accurate and complete to the best
of my knowledge. I understand that if all required parts of this application are not completed or if all
required supporting information and attachments listed above are not included, this application
package will be returned as incomplete. I assign all rights and obligations as permittee to the
proposed permittee named in Sections II and V of this form. I understand that this transfer of
ownership cannot be approved by the DWQ unless and until the facility is in compliance with the
permit.
Signature: Date:
a Notary Public for the State of
County of , do hereby certify that
personally appeared before me this the
day of , 20 , and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal, JN
])
Notary Signature , 2�11
gY
SSW N/O Change Rev15Feb2011 Page 2 of 4

V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the
Proposed Permittee for all transfers of ownership)
I, CXA-5 Corporation , hereby notify the DWQ that I have acquired
through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted
stormwater management system, and, if applicable, constructing the permitted system. I
acknowledge and attest that I have received a copy of: (check all that apply to this permit)
the most recent permit
the designer's certification for each BMP
❑ any recorded deed restrictions, covenants, or easements
the DWQ approved plans and/or approved as-built plans
0 the approved operation and maintenance agreement
Bpast maintenance records from the previous permittee (where required)
DWQ stormwater inspection report showing compliance within 90 days prior to this transfer
I have reviewed the permit, approved plans and other documents listed above, and I will comply with
the terms and conditions of the permit and approved plans. I acknowledge and agree that I will
operate and maintain the system pursuant to the requirements listed in the permit and in the
operation and maintenance agreement. I further attest that this application for a name/ownership
change is accurate and complete to the best of my knowledge. I understand that if all required parts
of this application are not completed or if all required supporting information and attachments listed
above are not i Ia lication package will be returned as incomplete.
Signature: Date: d' 3' rI
I, Au% Dlf t , a Notary Public for the State of
, County of COU i A , do hereby certify that
�G�YII'IQJ, uj [l personally appeared before me this the
day of Acc"u�� , 201L, and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal,
UTH P�er4_ iUTHISON
?' ^= fl e of Texas
Not ry Signature = ' My Commission Expires
4 nUM„r' Apr1124,2013
Additional copies of the original permit and the approved Operation and Maintenance agreement can
be obtained from the appropriate Regional Office of the Division of Water Quality.
This completed form, including all supporting documents and processing fee (if required), should be
sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural
Resources, Division of Water Quality, as shown on the attached map.
Please note that if the Proposed Permittee listed above is not the property owner, the property owner
must complete and sign page 4 of this document. Both the lessee/developer and the property
owner will appear on the permit as permittees. 1 I
IV
� p b all
SSW N/O Change Rev15Feb2011 Page 3 of 4

VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION
If the Proposed Permittee listed in Sections II and V of this form is not the Property Owner, the
Property Owner must provide his/her Contact Information below and sign this form:
Printed Name:
- y
Organization:
Title within the Organization:
Street Address:
City: State: Zip:
Mailing Address:
(if different from street address)
City: State: Zip:
Phone: Fax:
Email:
I certify that I own the property identified in this permit transfer document and have given permission
to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy
of the lease agreement or other contract, which indicates the party responsible for the construction.
and/or operation and maintenance of the stormwater system, has been provided with the submittal.
As the legal property owner I acknowledge, understand, and agree by my signature below, that I will
appear as a permittee along with the lessee/developer and I will therefore share responsibility for
compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify
DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a
developer, lessee or purchaser for the property. I understand that failure to operate and maintain the
stormwater treatment facility in accordance with the permit is a violation of NC General Statute
(NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of
civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6.
Signature of the property owner Date:
a Notary Public for the State of
County of , do hereby certify that
personally appeared before me this the
day of , 20 , and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal,
Notary Signature (Notary Seal)
-N.
SSW N/O Change Rev15Feb2011 Page 4 of 4

Compliance Inspection Report
Permit: SW8000408 Effective: 10/07/05 Expiration: 10/07/15 Owner: Watermark Marina of Wilmington LLC
SOC: Effective: Expiration: Facility: Watermark Marina of Wilmington
County: New Hanover
Region: Wilmington
Contact Person: Dan Easter Title: Manager Phone:[phone]
Directions to Facility:
At intersection of River Road and Independence Blvd.
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 09/13/2011 Entry Time: 11:30 AM Exit Time: 12:30 PM
Primary Inspector: David W Cox Phone:[phone]
Secondary Inspector(s):
Reason for Inspection: Follow-up Inspection Type:Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ® Compliant Q Not Compliant
Question Areas:
0 Miscellaneous Questions 0 Misc
(See attachment summary)
Page: 1

State Stormwater Management Systems
Permit No. SW8 000408
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALI r f
STATE STORMWIATER MANAGEMENT PERMIT
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
James Erwin & CXA-5 Corporation
Watermark Marina of Wilmington(formerly Barnards Creek Yacht Club)
New Hanover County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater 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 October 7, 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. This permit modifies the original Permit No.
SW8 000408, issued May 25, 2000, as follows: (a) owner name change from Watermark
Marina of Wilmington, LLC to CXA-5 Corporation; (b) project name change from Barnards
Creek Yacht Club to Watermark Marina- (c) drainage area increase to 9.44 acres and
impervious area decrease to 321,805 Tt ; (d) Plan revisions; and (e) modifications to the
previously permitted wet detention pond and outlet structure, based on as-built drawings
that were generated in September 2005 and are approved with this permit modification.
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 321,805 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. There is no allotment for future built-upon area at the site.
2

Central Files: APS SWP
10/11/11
Permit Number SW8000408 Permit Tracking Slip
Program Category Status Project Type
State SW Active Minor modification
Permit Type Version Permit Classification
State Stormwater 1.20 Individual
Primary Reviewer Permit Contact Affiliation
david.cox
Coastal SW Rule
Coastal Stormwater- 1995
Permitted Flow
Facility
Facility Name Major/Minor Region
Watermark Marina of Wilmington Minor Wilmington
Location Address County
New Hanover
Facility Contact Affiliation
Owner
Owner Name Owner Type
Watermark Marina of Wilmington LLC Non-Government
Owner Affiliation
Dan Easter
5110 Hillsdale Cir
Dates/Events
El Dorado Hills CA 95762
Scheduled
Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration
05/25/00 09/08/11 10/11/11 10/11/11 10/07/15
Regulated ActivitiLs Requested/Received Events
State Stormwater-HD-Detention Pond Deed restriction requested
Deed restriction received
Outfall NULL
Waterbody Name Stream Index Number Current Class Subbasin

1 AM NT E
E N C3 I N E E F' I N C3 . I IV C
September 7, 2011
Ms. Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
RE: Watermark Marina
Ownership Change Form
Dear Ms. Lewis:
In regards to the State Stormwater Permit Name/Ownership Change Form, Section
III (1) Required Items, the previous owners were unable to be contacted. The project
was purchased by the current owners, CXA-5 Corporation, out of bankruptcy as
described in the attached deed which was recorded in the New Hanover County
Register of Deeds in Book 5484, Page 1734.
If you should require any additional information, please contact me with that request.
Sincerely,
P�aramounte Engineering, Inc.
/C I�
Robert P. Balland, PE
cc: Joe Albanese Wilmington Builders, LLC
1 J
C
SEP 0 8 2011
B�:
5911 OLEANDER DRIVE,SUITE 201 2533 RAEFORD ROAD,UNIT—A
WILMINGTON,NC 28403 FAYETTEVILLE,NC 28305
PH:[phone] PH:[phone]
FAX:(910)791 —6760 FAX:[phone]

PARAMI-`- U
� i
E N G t N E E F2 i N G . I N C cz V
5 9 1 1 O L E A N D E R DR I V E 0 S U I T E 2 0 1 8
WILMINGT ON , NC 28403 01,
9 1 0 - 7 9 1 - 6 7 0 7 ( O ) 9 1 0 - 7 9 1 - 6 7 6 0
L E T T E R O F T R A N S M I T T A L
To: NCDENR Date I September 7, 2011
127 Cardinal Drive Ext.
Wilmington, NC 28405 Re: Watermark Marina
Name/Ownership Change Form
Attu: Linda Lewis Pro'ectNo. I 10187.PE
e are sendin.: ®Originals ❑Prints ❑ Shop Drawings ❑Calculations
he following items: ❑ Correspondence ❑ Plans ❑ Specifications ®Other as listed below
Quantity Date Dwg.No. Description
1 8/31/11 State Stormwater Permit Name/Ownership Change Form
1 NC Secretary of State Corporate Filing
1 Ex.Stormwater Permit(SW8 000408) iy
1 9/6/07 Designer's Certification
1 5/7/10 Trustee's Deed(Book 5484 Page 1.734-1739)
d
Q
Issue Status: ®For Approval ❑As Requested ❑Construction ❑Bid
❑For Your Use ❑For Review and Comment ❑Approved as Noted ❑See Remarks
[Action Takeu: ❑ No Exceptions Taken ❑ Make Corrections Noted ❑ Amend&Resubmit
❑ Rejected-See Remarks ❑ Approved as Submitted ❑ Other
marks:
REC�%IVE�
orD
011
Y:
Cc. Joe Albanese—Wilmington Builders, LLC Signed:
Rob Balland

Page 1 of 1
rballand
From: Lewis,Linda [[e-mail]]
Sent: Monday, August 22, 2011 3:43 PM
To: rballand
Subject: RE: Change of Ownership
Robert:
If the original owner can't be located or refuses to sign, then we can accept the form without that
signature. Please be sure to include some kind of statement regarding your efforts to locate the
permittee and a copy of the foreclosure documents and a copy of the sale docum; nts from the bank to
the proposed permittee.
Thanks,
Linda Lewis
NCI Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to cnd from this address may be subject to the North Carolina Public Records Law
and may be disclosed to third parties.
From: rballand [mailto:[e-mail]]
Sent: Monday,August 22, 2011 2:25 PM
To: Lewis,Linda
Subject: Change of Ownership
Linda,
I have a project that needs a change of ownership because the original owner's defaulted on their loan and the
property was foreclosed. My Client is the current owner of the project who purchased the project from
foreclosure. My question to you is, do we still need to get the original owner to sign the form?
Regards,
Robert P. Balland, P.E., LEED AP
PARAMOUNTE ENGINEERING, INC.
5911 Oleander Drive, Suite 201
Wilmington, NC 28403
9 10-791-6707 (P)
910-791-6760 (F)
910-619-1186(M)
2533 Raeford Road, Unit A
Fayetteville,NC 28305
910-263-8092(P)
rballand.@paramounte-eng,com
www_paramounte-eng.corn
8/22/2011

SOSID: 1135479
Date Filed:2/10/2010 8:09:00 AM
Elaine F.Marshall
North Carolina Secretary of State
C201004000190
State of North Carolina
Department of the Secretary of State
APPLICATION FOR CERTIFICATE OF AUTHORITY
Pursuant to 155-15-M of the General Statutes of Nortb Carolina,the undersigned corporation hereby applies for a Certificate of
Authority to transact business in the State of North Carolina,and for that purpose submits the following.
1. The name of the corporation is CXA 5 Corporation ;and if the corporate namte is
unavailable for use in the State of Worth Carolina,the nerve the corporation wishes to use is:
2. The state or country under whose laws the corporation was organized it Texas
3. The date of incorporation was its period of duration is:Detpetual S
4. Principal efface in{omuttion: (Selectefrlaera bd ep Q
a. IN The corporation has a principal office. �OJ,
The sheet address and county of the principal office of the corporation is:
Number and Street 6000 LegeeY Drive
City,State,Zip Codk Piano.TX 75024 Cotmty &U r+11
life maii'tng address,Vdiffn art frous the strut oddmss,of the principal office of the cotpotaaon is
b. ❑The twrpondon does not have it principal office.
S. Tho street address ad county of the registered ofTca in the State of North Carolina is:
Number and Street 19 PayettevM Street,Box 1011
City,State,Zip Code Raleigh,North Carolina 27601 County Wake
6, The mailing address,if dlQMw frnsa the sr4+tet addras,of the registered office in the State of North Carolina is:
M Leaacv Drive,Plana Texas 75024
7. 'lyre manse of the registered agent in due State of North Carolina is: C T Corporation System
8. The names,titles,and usual business addresses of the current officers of the corporation are(attach if necessary):
Nagle jk Business Address
D.Andrew Bea! Sole Director and Pro kkw 6000I,egat:y Drive.Plano,TX 75024
Jacob Chemer Executive Vice President 6000 tam Drive.Plano TX 75024
Stephen Costal Vice President.Secretary,Treasurer and General Counsel 6000 Iaaoy Drive,Piano,TX 75024
Craig Singer and James Erwin-Senior Vice Presidents 6000 Legacy Drive.Pluto,TX 75024 _
9. Attached is a Certificate of Existence(or document ofsimilar import)duly authenticated by the Secretary of State or other
official having custody of corporate records in the state or country of incorporation. &Ceyffircate ef&*tence must be
an oriPlnal and leas than&months old
CORPORATIONS DIVISION P.O.BOX 29622 RALEIGH,NC 27fr26-0622
(, evised trauma,2002) (Form a.00)
KM1•1WJW XdCT3jvmQh u,

APPbICATIONFOR CBRnPICATE OFAVTMORITY
Page 2
10. if the corporation is required to use a fictitious name in order to transact business in this State,a copy of the resolution of its
board of directors,certified by its secretary,adopting the fctitious name is attached.
11. This application will be affective upon filing,unless a delayed date mdbr time is specified:
This is the day of January 2010
CXA 5 Corporation
A of Corporation
—ftnaturc
Stephen Costae,Vice President
Type or Print Name and Title
NOTES:
L Filing fee is S250. This dooummt must be filedwith the Secretary of State.
CORPORAMNS DIVISION P.O.DOX 29622 RALEIGH.14C 27626-0622
(Rev3sed.Iarruary,2002) (Form a-09)
MM1-J*g7a aCT6YMMQWW

Corporations Sawan E Hope Andrade
P-O-Box 13697 secretary of state
Austin,Te ms 79711.3697 x
Office of the Secretary of State
Certificate of Fact
The undersigned,es Secretary of State of Texas,does hareby cartify that the docummt Certificate of
Formation for CXA 5 Corporation(file number$01162727),a Domestic For-Profit Corporation,was
filed in this office on August 26,2009.
It is further certified that the entity status in Texas is in existence.
In testimony whereof;i have hereunto signed my name
officially and caused to be impressed hereon the Seel of
State at my office in Austin,Texas on January 27,2010,
E0
x
COD Hope Andrade
Secretary of State
Come visit us on the Intexnet of h1tp.1An KJ0J afr?te.M PS/
Pt wo:[phone] Fax:[phone] DW:7-1-1 for relay swvlaes
Prepared by:SOS-WEB M 10264 Domment:29249688M

J\I
Si4
FOR REGISTRnTION REGISTER OF DEEDS
3ENp11FER )4 MACNEISH
NEW HRNOVF COUNTY. NG
20i0.MAY 07 11:02:07 PM
BKc54W PG:1734-1739 FEE:$31.00
1N�3 1011 NIW2514°
Prepared by and Return to:
Ward and Smith,P.A.
Attn:Michael P.Flanagan
PO Box 8088
Greenville, NC 27835
Tax Parcel No.-R0700-002-005-000 and R0700=002-009-M
Revenue stamps: $12,400.00
The Property Conveyed By This Deed Is Not the Grantor's Primary Residence
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IR; J_T 'S DEED
THIS DEED, made and entered into this the �� day of May,2010 by and
between WASLAW,LLC,acting as Substitute Trustee as hereinafter stated,of Post Office Box
867,New Bern,Craven County,North Carolina 28563,party of the first part;and CXA-5
CORPORATION, a North Carolina corporation,party of the second part(whether one or more),
whose address is 6000 Legacy Drive,Plano,Texas 75024;
WITNESSETH:
WHEREAS,Watermark Marina of Wilmington LLC executed to The Title
Company of North Carolina,Trustee for Beal Bank Nevada(Successor to Bankfirst),upon the
lands hereinafter described, a Deed of Trust dated June 23,2006 and recorded in Book 5049,at
Page 2058,in the office of the Register of Deeds of the above-captioned county;and,
WHEREAS,by instrument dated August 12,2008,recorded in Book 5340,at
Page 2124,in the office of the Register of Deeds of the above-captioned county,the party of the
first part was substituted as Trustee of said Deed of Trust in the place and stead of the original
Trustee;and,

s
WHEREAS,the indebtedness secured by said Deed of Trust being overdue and
unpaid and the Holder of said indebtedness having called upon said Substitute Trustee to
foreclose said Deed of Trust;and,
WHEREAS,said Substitute Trustee having given notice of the commencement of
foreclosure of said Deed of Trust to those persons entitled to same according to the provisions of
Article 2A of Chapter 45 of the General Statutes of the State of North Carolina,and a hearing
having been held before the Clerk of Superior Court of the above-captioned county,and said
Clerk having authorized,ordered, and directed that said Substitute Trustee could proceed under
said Deed of Trust to give notice of and to conduct a foreclosure sale,all of which appears of
record in FilA No,.08-SP-1 066 in the office,of the Clerk of Superior Court of the above-captioned
county,North Carolina; and,
WHEREAS,the said Substitute Trustee after due advertisement as required by
law and the terms of said Deed of Trust offered said land and premises for sale at the Courthouse
door in Wilmington in the above-captioned county,North Carolina,to the highest bidder for cash
on March 22,2010,when and where Beal Bank Nevada became the last and highest bidder for
said premises at the price of Six Million Two Hundred Thousand and No/100 Dollars
($6,200,000.00), and,
WHEREAS,a report of said sale was duly made to the Court and the same has
not been raised,upset,or increased as provided by law and said purchase price has been paid as
in said Deed of Trust prescribed.
WHEREAS, Beal Bank Nevada assigned its bid to CXA-5 CORPORATION by
Assignment of Bid dated April 27,2010,which Assignment of Bid was filed in the office of the
Clerk.of Superior Court of the above-captioned county.
2

NOW, THEREFORE,for and in consideration of the premises and the sum of Six
Million Two Hundred Thousand and No/100 Dollars($6,200,000.00),the party of the first part
has bargained and sold and by these presents does bargain,sell,and convey unto the said party of
the second part, said party's successors and assigns,the following premises,to wit:
That certain tract of land being in New Hanover County,
NorthCarolina,and being more fully described as follows:
Being all of a 40.45 acre tract as shown on a map of recombination
for Watermark Marina of Wilmington as shown on plat recorded in
Map Book 48,Page 331,New Hanover County Registry,
This conveyance is made together with all easements benefiting
the aforesaid property,including, but not being limited to;the"60'
Access Easement"located north of the northern line of Tract C as
said line is extended westwardly 60 feet,depicted on the map
entitled"Map of Recombination Watermark Marina of
Wilmington",said map being recorded in Map Book 48,Page 331
in the office of the Register of Deeds of New Hanover County.
This conveyance is made subject to the rights of others in and to
the non-exclusive use of the"60'Access Easement"located north
of the northern line of Tract C,as said line is extended westwardly
60 feet, depicted on the map entitled"Map of Recombination of
Watermark Marina of Wilmington"recorded in Map Book 48,
Page 331 in the office of the Register of Deeds of New Hanover
County,including,but not being limited to the non-exclusive
easement rights of Watermark Marina of Wilmington,LLC in said
non-exclusive easement(and including only that portion of said
easement which is located north of the northern line of Tract C as
said line is extended westwardly 60 feet)appurtenant to the
property described by the deed recorded in Book 4929,Page 1235
in the office of the Register of Heeds of New Hanover County-,
which easement rights are and shall be non-exclusive and shall be
used in common with all of the•owners of other property benefited
J

by said easement including,but not being limited to,the property
depicted as "40.45 AC+/-"shown on the map entitled"Map of
Recornbination Watermark Marina of Wilmington"recorded in
Map Book 48,Page 331 in the office of the Register of Deeds of
New Hanover County.
Together with all additional rights,title,and interest of Grantor
conveyed and described in the Deed of Trust recorded in Book
5049 at Page 2058 in tfie&ffice of the Register of Reeds of New
Hanover County.
The above-described property is conveyed subject to all taxes,special_and
homeowners'association assessments,any liens or encumbrances of record against the above
described property,and unrecorded mechanics'and materialmen's liens,which arg prior to the
Deed of Trust recorded in Book 5049,at Page 2058,and any recorded releases-from the Deed of
Trust recorded in Book 5049,at Page 2058 in the office of the Register of Deeds.
The above-described property is conveyed "AS IS,WHERE IS,AND WITH ALL
FAULTS." No representations or warranties relating to the title or any physical,,environmental.,
health or safety conditions existing in,on,at or relating to the above-described property are made
and any and all responsibilities and liabilities arising out of or in any way relating to any such
condition expressly are disclaimed.
TO HAVE AND TO HOLD,the said premises,together with all privileges and
appurtenances thereunto belonging unto the said party of the second part,said party's successors
and assigns, in as full and ample a manner as the party of the first part is empowered to convey
the sane.
a

OONITY.
G 1
A Ile
0�
y >
0
A
JEN'NFFER H. MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMING T ON, NC 2840.1
t►tr►#r►rw►##ta►wt►w►w#t+##w►t►rrtt►t######t►►wr►tr##trrr#trr#wrrtrf#t�,xwrrsr#trtrr►t#rt►xxtxrrt►str►rxwrwxrtrrrtrtrrt►rrr
Filed For Registration: 051071201011:02:07 AM
Book: RE 5484 wage: 1734-1739
Document No.: 2010012514
B PGS $31.00
NC REAL ESTATE EXCISE TAX: $12,400.00
Recorder: CRESWELL,ANDREA
State of North Carolina,County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
0-
*2010012514 ;F
201001251a

oU�gr,a n� C R I S E R
TROUTMAN
UV TANNER
TRANSMITTAL LETTER Ift
TO: FROM:
LINDA LEWIS Mark T.Arcuri, PE
COMPANY: DATE
NCDENR September 6, 2007
ADDRESS: CTT'S PROJECT NUMBER:
127 Cardinal Drive 5484 - NCDENR Stormwater Permit
Wilmington,NC 28405
PHONE NUMBER: CLIENT'S REFERENCE NUMBER:
910-796-7215
RE:
Watermark Marina - Engineers Certification
WE TRANSMIT: ❑ATTACHED ❑UNDER SEPARATE COVER ❑HAND CARRIED 6Y ❑UPS/FEDEX
THEFOUOWM: ❑TRACINGS O PRINTS ❑vwwrIONREPORF 0 SHOPDRAvANGS ❑SPEcIFICATxw O OTHER
COPIES DATE SHEET NO. DESCRIPTION REMARKS
1 ENGINEERS CERTIFICATION
1 ORIG 9-6-07 COVER LETTER
1 5-25-06 CO COVER SHEET
1 3-29-06 C1.1 SITE PLAN
1 5-25-06 C1.2 SITE PLAN
1 1-17-07 C1.3 GRADING PLAN
1 7-6-07 C1.4 UTILITY PLAN
1 7-6-07 C1.5 UTILITY PLAN AND PROFILE
1 7-6-07 C1.6 UTILITY PLAN AND PROFILE
1 5-25-06 C1.7 PHASE 3 DEMO PLAN
1 3-1-07 C1.8 PHASE 3 SITE PLAN
1 5-25-06 C1.9 PHASE 3 GRADING PLAN
1 3-1-07 CL10 PHASE 3 UTILITY PLAN
1 5-17-06 C1.11 C1.12 ROADWAY WIDENING PLANS
1 4-18-06 C2.1 SITE DETAILS
1 3-3-06 C2.2 C2,2A DRAINAGE DETAILS
1 12-21-05 C2.7 DRAINAGE AREAS
NOTES/COMMENTS:
a
b w
1�=
CRISER TROUTMAN TANNER CONSULTING ENGINEERS
WILMINGTON, NC - RALEIGH, NC
P.O.Box 3727 Wilmington,NC 28406 ' 3809 Peachtree Ave.Suite 102 Wilmington,NC 28403 p 910.397.2929 f 910.397.2971 cttengineering.com

C R 1 9 E R
TROUTMAN
TANNER
September 6, 2007
Ms. Linda Lewis
NCDENR-DWQ
127 Cardinal Drive
Wilmington, NC 28405
Re: Partial Designer's Certification
Watermark Marina of Wilmington,Wilmington, NC-SW8 000408 Modification
Phases 1 and 2
Dear Linda:
On behalf of Watermark Marina of Wilmington, LLC, we hereby submit the Designer's
Certification for Phases 1 and 2 of the project. At the time the project was permitted by Paul
Bartlett, it was not the owner's intent to build the project in phases. However, after the
permit was granted,the owner decided to split the project in Phases for financial reasons.
Construction of Phases 1 and 2 were recently completed.
Phase one is generally described as approximately half of the dry stack boat storage building,the
pedestrian pier,associated parking,and roadway widening. Phase 1 work is shown on sheets
C1.1 through C1.6 and also C1.11 and C1.12. Phase 2 is simply the clubhouse structure itself
(no additional parking,etc.). Attached is the partial certification for Phases:1 and 2.
Phase 3 will be built at a later time when cash flow allows. Phase 3 will be two expand out the
entirety of the dry stack boat storage building and add the required parking. Phase 3 work is
shown on sheets C1.7 through C1.10. The owner does not know at this time when the Phase 3
work will take place. However,we will use this same existing permit to build Phase 3 at that time.
Linda, please let us know if you have any questions. Thank you for your help.
Cordially,
CRISER TROUTMAN TANNER CONSULTING ENGINEERS
Mark T.Arcuri, RE
Project Manager/ Project Engineer
MTA/mta/5484.00
CRISER TROUTMAN TANNER CONSULTING ENGINEERS
W ILMINGTON. NC • RALEIGH, NC
P.O.Box 3727 Wilmington,NC 20406 1 3809 Peachtree Ave.Suite 102 Wilmington,NC 28403 p 910.397.2929 t 910.397.2971 cttengineering.com

State Stormwater Management Systems
Permit No. SW8 000408 Modification
Watermark Marina of Wilmington
Stormwater Permit No. SW8 000408 Modification
New Hanover Countv
Designer's Certification _ vpt{Asm-' I "fl 2 ONLY —
I, MArk-� .' , as a duly registered F-4 CI1J
in the State of North Carolina, having been authorized to observe eriodicaliy/weekly/
full time) the construction of the project,
(Project) --
for VMA�k- Il 1►aopW"'^1-4 TLtC (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 apprnved plans and specification:
SEAL
Signature •
Registration.Number
Date
EAL
= 24419
Page 7 of 8

State Stormwater Management Systems
Permit No. SW8 000408 Modification
Certification Requirements:
S4�
Na re 1. They drainage area to the system contains approximately the permitted
acreage. �,� �M egg 4„ A.Np 2. S Hewn 4N Qt.A x)
V-'2. The.drainage area to the system contains no more than the permitted
amount of built-upon area.
✓ 3. All the built-upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
✓ 5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
+� 9. Vegetated slopes are no steeper than 3:1.
✓ 10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
15. The required system dimensions are a per-the provided P P pproved plah�
cc: NCDENR-DWQ Regional Office
Tony Roberts, New Hanover County Building Inspections
Page 8 of 8

Re:Watermark Marina Roadway Widening
40
Subject: Re: Watermark Marina Roadway Widening
From: Linda Lewis<[e-mail]> v
Date: Thu, 22 Jun 2006 10:19:57 -0400
To: Mason Herndon<[e-mail]>
CC: Mark Arcuri<[e-mail]>
Mr. Herndon:
I'm confused too. This whole thing hinges on being a "common plan of development" .
The turn lanes are being required by DOT to access the permitted (but not yet
constructed?) Watermark Marina project. I think it's easy to see how the Division
was able to consider this as a common plan of development, where one project
depends upon or causes the need for another project. However, we usually rely on
Land Quality to make the call that the two projects are related (phased) and will
result in a total disturbance that is >1 acre. Since a Land Quality permit was not
the "trigger" for Stormwater in this case, we have to decide how to handle this
situation.
As a solution to this situation, please address the following: if you add up the
disturbed area for the Watermark Marina and the turn lane, will the disturbance be
>1 acre? If it is, I'll ask Land Quality to make a determination as to whether or
not they would require an approved plan for both projects as one. If they do, then
stormwater will also be required.
Linda
Mason Herndon wrote:
Linda i
I'm a little confused about why this turn lane project requires a
stormwater (SW) permit, we have never been requested to sign an
application for a driveway permit and turn lane before. It is
my understanding that Watermark Marina applied for a driveway
permit and in granting the driveway, NCDOT is requiring Watermark
to build a turn lane for safety purposes. The turn lane is
disturbing less than one acre, does not require a CAMA Major
permit and is on NCDOT property, and is not part of the Watermark
project. I'm not seeing were this fits any of the SW criteria
requiring a SW permit. As stated below in one of the email's
between you and Mr. Arcuri, if the turn lane was considered part
of the Watermark project it would have been included in the SW
permit for the marina project, but it wasn't and couldn't because
it is our property not theirs. If NCDOT was constructing a turn
lane to a subdivision or commercial establishment would we have
had to apply for a stormwater permit?
NCDOT issues driveway permits to commercial establishments and
subdivisions frequently and often they can require turn lanes and
or widening of our roadway. We are talking about a large number
of projects like this throughout the Division so any assistance
you could give me on clearing up this issue would be appreciated.
Another reason this issue is so confusing is because within the
last two weeks, I had Ken Averitte with the Fayetevil.Ie ,regional
Office down looking a some proposed secondary road construction
projects in Brunswick County. All three project were located
within SA HQW watersheds. The largest project, Live Oak Drive,
had natural drainage's that directly discharged into the waters
however there would be no 404/401 impacts nor was the ROW within
a CAMA AEC. My question to him was would a stormwater permit be
required for this project, because we estimated that more than a
acre would be disturbed during construction. He contacted John i
1 of 5 6/22/2006 10:23 AM

Re:Watermark Marina Roadway Widening
Hennesy, who in turn contact Bradley Bennett who told us that the
policy is that stormwater permits are not required for NCDOT
maintenance project. Only NCDOT TIP projects or any projects
requiring a design from the Hydraulics Unit required a stormwater
permit regardless of the watershed classification or amount of
disturbance.
Linda, we (Division 3) want to do the right thing and my goal is
just to get a clarification of what is required of us and to get
us all on the same page. I would like to sit down and talk with
you and any other staff members whenever is convenient. I know
you are very busy but if you could get back with me soon
concerning this issue, I would appreciate it.
If you would like to call me you may reach me at 251-5724 or on
my cell 620-4039.
Thanks
Mason Herndon
NCDOT Division 3 Environmental Supervisor
Subject:
[Fwd: Watermark Marina Roadway Widening]
From:
Anthony Law <[e-mail]>
Date:
Fri, 02 Jun 2006 07:52:04 -0400
To:
Mason Herndon <[e-mail]>
To:
Mason Herndon <[e-mail]>
fyi. Let me know how to proceed.
Thanks
Subject:
RE: Watermark Marina Roadway Widening
From:
"Mark Arcuri" <[e-mail]>
Date:
Fri, 2 Jun 2006 07:41:36 -0400
To:
"Anthony Law" <[e-mail]>
To:
"Anthony Law" <[e-mail]>
Anthony,
See below email from Linda where she changed her determination - now we
have to do stormwater permit. Please either sign the permit app, call
me to discuss, or call Linda to discuss. If you want a conference call
with your environmental person, that's fine too. Just let me know.
I
2 of 5 6/22/2006 10:23 AM

Re:Watermark Marina Roadway Widening
Mark Arcuri
397-2929
-----Original Message-----
From: Linda Lewis [mailto:[e-mail]] Sent: Thursday, June 01, 2006
10:23 AM
To: Mark Arcuri
Subject: Watermark Marina
Mark:
In response to our flurry of emails yesterday regarding this project, I went
back and reviewed the information you had submitted on April 14, 2006. The
application indicates that the site DID receive a CAMA Major permit, therefore,
under the common plan of development, a stormwater permit IS required for the
road improvements, regardless of the disturbed acreage.
Linda
-----Original Message-----
From: Mark Arcuri Sent: Wednesday, May 31, 2006 7:22 AM
To: Anthony Law
Subject: FW: Watermark Marina Roadway Widening
Anthony,
Read below. We will not be applying for stormwater. Therefore you do
not need to sign the app. Sorry for the inconvenience and I appreciate
you bringing this issue to my attention.
Sincerely yours,
Mark T. Arcuri, PE Project Manager / Project Engineer
CRISER TROUTMAN TANNER CONSULTING ENGINEERS
PO Box 3727 Wilmington, NC 28406
3809 Peachtree Avenue, Suite 102 Wilmington, NC 28403
p 910.397.2929 f 910.397.2971 cell 910.297.3036
The information transmitted is intended only for the person or entity to
which it is addressed and may contain confidential and/or privileged
material. If you are not the intended recipient of this message you are
hereby notified that any use, review, retransmission, dissemination,
distribution, reproduction or any action taken in reliance upon this
message is prohibited. If you received this in error, please contact the
sender and delete the material from any computer. Any views expressed in
this message are those of the individual sender and may not necessarily
reflect the views of the company.
-----Original Message-----
From: Linda Lewis [mailto:[e-mail]] Sent: Tuesday, May 30, 2006
6:15 PM
To: Mark Arcuri
Subject: Re: Watermark Marina Roadway Widening
Mark:
In that case, unless you needed a CAMA Major permit, then no, you would not need
a SW permit.
Linda
Mark Arcuri wrote:
I hear you loud and clear, but the fourth comment in your letter said II
3 of 5 6/22/2006 10:23 AM

Re:Watermark Marina Roadway Widening
otherwise. . . .
You wrote:
"This project is not a modification to the Watermark Marina permit. If
that were the case, the previously submitted built-upon area for the
Marina project would need to be added to Section III.6 of the
application, the runoff form the widened road would need to be I
I
collected
and directed into the pond, and the pond would have to be redesigned to
accept the runoff from the widened road. Because the project is
located
in an NCDOT right-of way, it will receive a separate permit. "
So we do not need a permit, correct?
Thanks.
Mark
-----Original Message-----
From: Linda Lewis [mailto:[e-mail]] Sent: Tuesday, May 30, 2006
5:46 PM
To: Mark Arcuri
Subject: Re: Watermark Marina Roadway Widening
Mark:
This part of the project might be less than 1 acre, but a stormwater permit
already exists for a project called Watermark Marina under SW8 000408, so it
doesn't matter that you are disturbing less than 1 acre. You are modifying an
existing permit by adding more BUA.
Linda
Mark Arcuri wrote:
Linda,
Recall the letter you sent May 15, 2006 regarding the application package
we submitted. In trying to get DOT to sign the linear roadway
form, they commented that we should not have to disturb more than an acre
and therefore did not feel they were required to sign the form. in fact,
based on my calculations today, they are correct, we are disturbing less
than an acre.
4 of 5 6/22/2006 10:23 AM

Re:Watermark Marina Roadway Widening
Specifically, I calculate 15,027 SF of new impervious area. In addition
to that, I calculate 14,000 SF of disturbed area for the shoulders. That
is a total of 29027 SF (2/3 of an acre) of disturbed area. Therefore, it
is our understanding we will not be required to resubmit for a stormwater
permit. We hereby notify you that we will not resubmit for this work.
However, we will revise the limit of disturbance on the plan so the
contractor knows what he is limited to.
We apologize for the confusion. Please reply if there are any
questions.
*Sincerely yours,*
*/Mark T. Arcuri/**/, /PE
**Project Manager / Project Engineer**
* *
CRISER TROUTMAN TANNER CONSULTING ENGINEERS
**PO Box 3727 Wilmington, NC 28406**
**3809 Peachtree Avenue, Suite 102 Wilmington, NC 28403**
*+p 910.397.29291 If 910.397.2971 ueil 910.297.3036**
**The information transmitted is intended only for the person or entity to
which it is addressed and may contain confidential and/or privileged
material. If you are not the intended recipient of this message you are
hereby notified that any use, review, retransmission, dissemination,
distribution, reproduction or any action taken in reliance upon this
message is prohibited. If you received this in error, please contact the
sender and delete the material from any computer. Any views expressed in
this message are those of the individual sender and may not necessarily
reflect the views of the company.**
5 of 5 6/22/2006 10:23 AM

�WAT�c
t�_ 9Q Michael F.Easley,Governor
yWilliam G.Ross Jr.,Secretary
r North Carolina Department of Environment and Natural Resources
a Alan W.Klimek,P.E.Director
Division of Water Quality
May 15, 2006
Mr. Dan Easter, VP Development
Watermark Marina of Wilmington, LLC
5110 Hillsdale Circle, Suite 200 V
El Dorado Hills, CA 95762 '1
Project Name: .River Road Improvements at Watermark Marina
County: New Hanover County
Project Number: SWS not assgined
Dear Mr. Easter:
On April 14, 2006, the Division received a stormwater management permit application for the
subject project. The application and Criser Troutman Tanner's check #6298 for the $420.00
application fee are being returned because it lacked the necessary basic elements to accept it
for review. The plans and any other documentation that were submitted have been discarded
or recycled, as appropriate. Please address the following noted deficiencies and provide the
requested information:
® Please add a vicinity map to the plans, which contains the nearest.intersection of two
major roads. A major road is any 1, 2, or 3 digit NC, US or interstate highway.
® Please add the built-upon area associated with the widening of River Road to Section
111.6 of the application.
® An exemption for this project cannot be issued, since built-upon area is being proposed.
This project is not a modification to the Watermark Marina permit."If that were the case,
the previously permitted built-upon area for the Marina project would need to be added
to Section 111.6 of the application, the runoff from the widened road would need to be
collected and directed into the pond, and the pond would have to be redesigned to
accept the runoff from the widened road. Because this project is located in an NCDOT
right-of-way, it will receive a separate permit.
Please make the necessary revisions to the application and resubmit the permit application
package to the address below. Note that the 90-day statutory permit review time begins upon
receipt of a complete application. If you have any questions, please do not hesitate to call me
at [phone].
Sincerely,
/;6z
t_X_�
Linda Lewis
Environmental Engineer
cc: Mark Arcuri, Criser, Troutman Tanner
Linda Lewis
ENB/arl: S:\WQS\STORMWAT\RETURN\watermarkmarina.may06
No,ne Carolina
Naturally
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington,NC 28405 Phone[phone] Customer Service
Wilmington Regional Office Internet: www.ncwaterguality.org Fax [phone]
An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer .Paper.

TRANSMITTAL LETTER C R I S E R
� ROUTMAN
or TANNER
TO: FROM:
Paul Bartlet Mark T.Arcud, PE
COMPANY: DATE:
NCDENR SW
April 11,2006 _
171
ADDRESS: CRISER&TROUTMAN'S PROJECT NUMBER
Cardinal Drive 5484.08
Wilmington, NC e
`} y
PHONE NUMBER: CLIENT'S REFERENCE NUMBER: f
796-7215 - —
RE:
Watermark Marina Turn Lanes
WETRANSMIT: ❑ATTACHED ❑UNDER SEPARATE COVER ❑ HAND CARRIED BY ❑UPS/FEDEX
THEFOLLOWING: ❑TRACINGS ❑PRINTS ❑ INSPECTION REPORT ❑SHOPDRAmNGS ❑SPECIFICATIONS ❑OTHER
COPIES DATE SHEET NO. DESCRIPTION REMARKS
1 APPLCATION FEE$420
1 ORIGINAL APPLICATION
& 1 COPY
2 COPIES C1.11 CONSTRUCTION PLANS
C2.2
PAUL:
Recall,you have permitted the Watermark Marina project site already. Turns out, DOT is requiring a larger
right turn lane(southbound)into the property,a left turn lane(northbound)into the property,and a left
turn lane(southbound)onto Independence Boulevard. The plans pertainingto that work are attached.
Work will consist of widening the road only. I do not seethe need for any drainage calculations. Please let
us know if you need anything else. We hereby request exemption for,NCDENR Stormwater Permit. As
always,thanks for your help.
Cc: Dave Jarrell
by:
CRISER TROUTMAN TANNER CONSULTING ENGINEERS
Post Office Box 3727 Wilmington,NC 28406 13809 Peachtree Ave.Suite 102 Wilmington,NC 28403 p 910.397.2929 f 910.397.2971
Email: marcuri(a_.cttengineering.com

OFFICE USE ONLY
Date Received Fee Paid Permit Number
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants name(specify the name of the corporation,individual,etc.who owns the project):
W PrTez..MAaX- MA ft.iNA OF W I LM iN&-rcrJ, Ll Cr
2. Print Owner/Signing Official's name and title(person legally responsible for facility and compliance):
TJA.r.I c�-rz—=67- , %t.P. VkOyel-gpN1.�a
3. Mailing Address for person listed in item 2 above:
5110 / Su ITE 20®
City: a 1L' Do yr.6,00 4-1 State: C,r Zip: `t 57!g
Telephone Number. ( R 1(o ) al'd-I — 9 04-O
4. Project Name(subdivision,facility,or establishment name-should be consistent with project name on plans,
specifications,letters,operation and maintenance agreements,etc.):
wFtTc zM�21L I.J A,9A►Q Ac CjF W l lJll Ir.1GTc1�
5. Location of Project(street address):
d-11 o oNvelz 'l�z-0� C MA4Z1f JA
City. w i Uut.OE�TcyJ County:_ N Eyul VA4 EL
6. Directions to project(from nearest major intersection):
2o0rr>u.l A%-f I NnP2 rt M.=1yTS W l Ll, oC=U 12 NT I
ArNC> 11Vt�CN[ TLC� r' �u1�014
7. Latitude: �� -� `j.�0 1 Longitude: �_ •� of project
8. Contact person who can answer questions about the project:
Name: �JL -1- p .t Izl ,T::--E 'telephone Number: { 1'p ) 3g 7-?-9 Z9
H. PERMIT INFORMATION:
1. Specify whether project is(check one): New Renewal Modification
Form SWU-101 Version 3.99 Page 1 of 4

2. If this application is being submitted as the result of a renewal or modification to an existing permit,list the
existing permit number5w1B GXDO and its issue date (if known) oCr r s
3. Specify the type of project(check one):
Low Density --?!;,_High Density Redevelop General Permit Other
4. Additional Project Requirements.(check applicable blanks):
_CAMA Major Sedimentation/Erosion Control _404/401 Permit _NPDES Stormwater
�^&A MARY g tSeStti N4C� FG AEU Mx Fbe . 4-�4�1 isS�.I�D.
Information on required state permits can be obtained.by contacting the Customer Service Center at
1-877-623-6748.
M. PROJECT INFORMATION
1. In the space provided below,summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages)describing stormwater management for the project.
'E-VzTSE�r-1 15 A-SSo C-WTF—D W17N 7-u-10
�..n-n�G �t i��!� 'r��u-t ram•=c,� fi--�� �,2��t�4 �'zoSE�-�• �`c�-��'
2. Stormwater runoff from this project drains to the River basin.
3. Total Project Area: NAc acres 4. Project Built Upon Area: NA, %
5. How many drainage areas does the project have? NA
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project,attach an additional sheet with the information for each area provided in the same format as below.
Basin Information Drainage Area 1 Drainage Area 2
Receiving Stream Name -
y erg
Receiving Stream Class
Drainage Area NA.
Existing Impervious*Area
Proposed Impervious*Area
%Impervious*Area(total) K
Impervious*Surface Area Drainage Area 1 Drainage Area 2
On-site Buildings
On-site Streets
On-site Parking
On-site Sidewalks
Other on-site
Off-site
Total._ N Total_
*Impervious area is defined as the built upon area including,but not limited to,buildings,roads,parking areas,
sidewalks,gravel areas,etc.
Form SWOT-101 Version 3.99 Page 2 of 4

7. How was the off-site impervious area listed above derived? N
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions,outparcels and future development prior to the sale of any lot. If lot sizes vary significantly,a table
listing each lot number,size and the allowable built-upon area for each lot must be provided as an attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number
IA. as issued by the Division of Water Quality. These covenants may not be
changed or deleted without the consent of the State.
2. No more than square feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt gravel,concrete,brick,stone,slave or similar material but do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be filled in,piped,or altered except as necessary to provide driveway crossings.
4. Built-upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. Ali permitted runoff from outparceis or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shalt be performed in a manner that maintains the integrity
and performance of the system as permitted.
By your signature below,you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above,that the covenants will be binding on all parties and persons
claiming under them,that they will run with the land,that the required covenants cannot be changed or deleted
without concurrence from the State,and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s)listed below must be submitted for each
BMP specified for this project. Contact the Stormwater and General Permits Unit at(919) 733-5083 for the status
and availability of these forms.
Form SWU-102 Wet Detention Basin Supplement
Form SWU-103 Infiltration Basin Supplement
Form SWU-104 Low Density Supplement
Form SWU-105 Curb Outlet System Supplement
Form SWU-106 Off-Site System Supplement
Form SWU-107 Underground Infiltration Trench Supplement
Form SWU-108 Neuse River Basin Supplement
Form SWU-109 Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4

VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality(DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initials
• Original and one copy of the Stormwater Management Permit Application Form
• One copy of the applicable Supplement Form(s)for each BMP blA,
• Permit application processing fee of$420(payable to NCDENR) Ntgpc
• Detailed narrative description of stormwater treatment/management _N AM-
- Two copies of plans and specifications,including-
Development/Project name
Engineer and firm
-Legend
-North arrow
-Scale
-Revision number&date
-Mean high water line
-Dimensioned property/project boundary
-Location map with named streets or NCSR numbers
-Original contours,proposed contours,spot elevations,finished floor elevations
-Details of roads,drainage features,collection systems,and stormwater control measures
-Wetlands delineated,or a note on plans that none exist
-Existing drainage(including off-site),drainage easements,pipe sizes,runoff calculations
-Drainage areas delineated
-Vegetated buffers(where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf,please complete this section. t k� .,,r. �� �I!PE
Designated agent(individual or firm):C_046'—VJ_ CONI S, (--I\A G
Malling Address: 'P e l-�T2�—t✓ AWE- _`5U I TE_ I o2
City: \AI l i_-Nl►mc-r - State: Iq G Zip: as
Phone: ( '--1 1 O ) ?J9 7—09 2'1 Fax: ( 9 t t7 ) 7j9?—Z9 7
VIII. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information,item 2)
certify that the information included on this permit application form is,to the best of my knowledge,correct and
that the project will be constructed in conformance with the approved plans,that the required deed restrictions
and protective covenants will be recorded,and that the proposed pr complies with the requirements of 15A
NCAC 2H.1000.
Signature: Date: Z—�/ d
Form SWU-I01 Version 3.99 Page 4 of 4

6298
FNB SOUTHEAST
WILMINGTON OFFICE
Criser Troutman Tanner Consulting Engineers WILMINGTON,NORTH CAROLINA
P.O.Box 3727 [phone] 66-134-531
Wilmington,NC 28406 CHECK DATE April 11, 2006
f
,
PAY Four Hundred Twenty and 00/100 Dollars
AMOUNT $420.00 z
TO N.C.D.E.N.R. I
127 CARDINAL DR. EXTENSION f
WILMINGTON NC 28405-3845
'/ u
11'00006 29811, i:0 5 3 L0 1 34 Li: 8 20 L 6 b 5 ill°

Re: [Fwd:Re:Watermark Marina Roadway Widening]
4
Subject: Re: [Fwd: Re: Watermark Marina Rr:)adway Widening]
From: [e-mail]
Date: Thu, 22 Jun 2006 12:00:36 -0400
To: Linda Lewis<[e-mail]>
The road widening is part of the project because it is required access the
site. Therefore it is part of a common plan of development. I issued a
revision for the road widening on 4.27/06. ANY work associated with a
project ,when the disturbed area is in excess of an acre, must be within
the limits of construction on the plan. it does not matter if the work is
on or off the property. Mark Arcuri knows this and I am sure he is aware
that he needs to include this in his stormwater permit. It sounds like DOT
is hesitant to sign documents to allow work on their property that they are
requiring the developer to implement. This would not be considered road
maintenance since its not needed except to access this project.
I would assume this road widening work should be considered for the
stormwater permit because it is within the limits of disturbance for the
land disturbing permit.
NOTICE: E-Mail correspondence to and from this address may be subject to
the North Carolina Public Records Law.
1 of 1 6/22/2006 2:49 PM

RE: Watermark Marina Roadway Widening
Subject: RE: Watermark Marina Roadway Widening
From: "Mark Arcuri" <[e-mail]>
Date: Thu,22 Jun 2006 11:07:00 -0400
To: "Linda Lewis" <[e-mail]>
CC: "Anthony Law" <[e-mail]>, "Mason Herndon" <[e-mail]>
Linda,
Project is in New Hanover County, so Beth Wetherill of New Hanover
County Engineering issued the grading permits for these projects.
Specifically, on December 9, 2005, she issued permit #46-05 for the
marina site. Later, when we found out we would need the roadway
improvements, we reapplied to her with only the turn lane plan and an
erosion control detail sheet. She in turn issued a revision on April
27, 2006 to the same permit. The revised permit is for a total of 10.9
acres. Her number is 798-7139.
Mark Arcuri
-----Original Message-----
From: Linda Lewis [mailto:[e-mail]]
Sent: Thursday, June 22, 2006 10:20 AM
To: Mason Herndon
Cc: Mark Arcuri
Subject: Re: Watermark Marina Roadway Widening
Mr. Herndon:
I'm confused too. This whole thing hinges on being a "common plan of
development" . The turn lanes are being required by DOT to access the
permitted (but not yet constructed?) Watermark Marina project. I think
it's easy to see how the Division was able to consider this as a common
plan of development, where one project depends upon or causes the need
for another project. However, we usually rely on Land Quality to make
the call that the two projects are related (phased) and will result in a
total disturbance that is >1 acre. Since a Land Quality permit was not
the "trigger" for Stormwater in this case, we have to decide how to
handle this situation.
As a solution to this situation, please address the following: if you
add up the disturbed area for the Watermark Marina and the turn lane,
will the disturbance be >1 acre? If it is, I'll ask Land Quality to make
a determination as to whether or not they would require an approved plan
for both projects as one. If they do, then stormwater will also be
required.
Linda
Mason Herndon wrote:
{ Linda i
I'm a little confused about why this turn lane project requires a I
stormwater (SW) permit, we have never been requested to sign an
application for a driveway permit and turn lane before. It is
my understanding that Watermark Marina applied for a driveway
permit and in granting the driveway, NCDOT is requiring Watermark
to build a turn lane for safety purposes. The turn lane is
disturbing less than one acre, does not require a CAMA Major
permit and is on NCDOT property, and is not part of the Watermark
1 of 6 6/22/2006 11:18 AM

RE:Watermark Marina Roadway Widening
project. I'm not seeing were this fits any of the SW criteria
requiring a SW permit. As stated below in one of the email's
between you and Mr. Arcuri, if the turn lane was considered part
of the Watermark project it would have been included in the SW
permit for the marina project, but it wasn't and couldn't because
it is our property not theirs. If NCDOT was constructing a turn
lane to a subdivision or commercial establishment would we have
had to apply for a stormwater permit?
NCDOT issues driveway permits to commercial establishments and
subdivisions frequently and often they can require turn lanes and
or widening of our roadway. We are talking about a large number
of projects like this throughout the Division so any assistance
you could give me on clearing up this issue would be appreciated.
Another reason this issue is so confusing is because within the
last two weeks, I had Ken Averitte with the Fayeteville Regional
Office down looking a some proposed secondary road construction
projects in Brunswick County. All three project were located
within SA HQW watersheds. The largest project, Live Oak Drive,
had natural drainage's that directly discharged into the waters
however there would be no 404/401 impacts nor was the ROW within
a CAMA AEC. My question to him was would a stormwater permit be
required for this project, because we estimated that more than a
acre would be disturbed during construction. He contacted John
Hennesy, who in turn contact Bradley Bennett who told us that the
policy is that stormwater permits are not required for NCDOT
maintenance project. Only NCDOT TIP projects or any projects
requiring a design from the Hydraulics Unit required a stormwater
permit regardless of the watershed classification or amount of
disturbance.
Linda, we (Division 3) want to do the right thing and my goal is
just to get a clarification of what is required of us and to get
us all on the same page. I would like to sit down and talk with
you and any other staff members whenever is convenient. I know
you are very busy but if you could get back with me soon
concerning this issue, I would appreciate it.
If you would like to call me you may reach me at 251-5724 or on
my cell 620-4039.
Thanks
Mason Herndon
NCDOT Division 3 Environmental Supervisor
Subject:
[Fwd: Watermark Marina Roadway Widening]
From:
Anthony Law <[e-mail]>
Date:
Fri, 02 Jun 2006 07:52:04 -0400
To:
Mason Herndon <[e-mail]>
To:
Mason Herndon <[e-mail]>
fyi. Let me know how to proceed.
2 of 6 6/22/2006 11:18 AM

RE:Watermark Marina Roadway Widening
,
Thanks
------------------------------------------------------------- -
Subject:
RE: Watermark Marina Roadway Widening
From:
"Mark Arcuri" <marcuri@ctten ineerin .com>
Date:
Fri, 2 Jun 2006 07:41:36 -0400
To:
"Anthony Law" <[e-mail]>
To:
"Anthony Law" <[e-mail]>
Anthony,
See below email from Linda where she changed her determination - now we
have to do stormwater permit. Please either sign the permit app, call
me to discuss, or call Linda to discuss. If you want a conference call
with your environmental person, that's fine too. Just let me know.
Mark Arcuri
397-2929
-----Original Message-----
From: Linda Lewis [mailto:[e-mail]]
Sent: Thursday, June 01, 2006 10:23 AM
To: Mark Arcuri
Subject: Watermark Marina
Mark:
In response to our flurry of emails yesterday regarding this project, I
went back and reviewed the information you had submitted on April 14,
2006. The application indicates that the site DID receive a CAMA Major
permit, therefore, under the common plan of development, a stormwater
permit IS required for the road improvements, regardless of the
disturbed acreage.
Linda
-----Original Message-----
From: Mark Arcuri
Sent: Wednesday, May 31, 2006 7:22 AM
To: Anthony Law
Subject: FW: Watermark Marina Roadway Widening
Anthony,
Read below. We will not be applying for stormwater. Therefore you do
not need to sign the app. Sorry for the inconvenience and I appreciate
you bringing this issue to my attention.
Sincerely yours,
Mark T. Arcuri, PE
Project Manager / Project Engineer
CRISER TROUTMAN TANNER CONSULTING ENGINEERS I
3 of 6 6/22/2006 11:18 AM

RE:Watermark Marina Roadway Widening
PO Box 3727 Wilmington, NC 28406
3809 Peachtree Avenue, Suite 102 Wilmington, NC 28403
p 910.397.2929 f 910.397.2971 cell 910.297.3036
The information transmitted is intended only for the person or entity
to
Iwhich it is addressed and may contain confidential and/or privileged
material. If you are not the intended recipient of this message you are
hereby notified that any use, review, retransmission, dissemination,
distribution, reproduction or any action taken in reliance upon this
message is prohibited. If you received this in error, please contact
the
sender and delete the material from any computer. Any views expressed
i r_
this message are those of the individual sender and may not necessarily
reflect the views of the company.
-----Original Message-----
From: Linda Lewis [mailto:[e-mail]]
Sent: Tuesday, May 30, 2006 6:15 PM
To: Mark Arcuri
Subject: Re: Watermark Marina Roadway Widening
Mark:
In that case, unless you needed a LAMA Major permit, then no, you would
not need a SW permit.
Linda
Mark Arcuri wrote:
I hear you loud and clear, but the fourth comment in your letter said
otherwise. . . .
You wrote:
"This project is not a modification to the Watermark Marina permit.
If
that were the case, the previously submitted built-upon area for the
Marina project would need to be added to Section III.6 of the
application, the runoff form the widened road would need to be
collected
Iand directed into the pond, and the pond would have to be redesigned
to
E accept the runoff from the widened road. Because the project is 9 �
located
in an NCDOT right-of way, it will receive a separate permit. " ! �
I
4 of 6 6/22/2006 11:18 AM

RE:Watermark Marina Roadway Widening
So we do not need a permit, correct?
Thanks.
Mark
-----Original Message-----
From: Linda Lewis [mailto:[e-mail]]
Sent: Tuesday, May 30, 2006 5:46 PM
To: Mark Arcuri
Subject: Re: Watermark Marina Roadway Widening
Mark:
This part of the project might be less than 1 acre, but a stormwater
permit already exists for a project called Watermark Marina under SW8
000408, so it doesn't matter that you are disturbing less than 1 acre.
You are modifying an existing permit by adding more BUA.
Linda
Mark Arcuri wrote:
Linda,
Recall the letter you sent May 15, 2006 regarding the application
package we submitted. In trying to get DOT to sign the linear
roadway
form, they commented that we should not have to disturb more than an
acre and therefore did not feel they were required to sign the form.
In fact, based on my calculations today, they are correct, we are
disturbing less than an acre.
Specifically, I calculate 15,027 SF of new impervious area. In
addition to that, I calculate 14,000 SF of disturbed area for the
shoulders. That is a total of 29027 SF (2/3 of an acre) of disturbed
d
area. Therefore, it is our understanding we will not be required to
resubmit for a stormwater permit. We hereby notify you that we will
not resubmit for this work. However, we will revise the limit of
disturbance on the plan so the contractor knows what he is limited
0
to.
5 of 6 6/22/2006 11:1 8 AM

RE:Watermark Marina Roadway Widening
We apologize for the confusion. Please reply if there are any
questions.
*Sincerely yours,*
*/Mark T. Arcuri/**/, /PE
**Project Manager / Project Engineer**
* *
CRISER TROUTMAN TANNER CONSULTING ENGINEERS
**PO Box 3727 Wilmington, NC 28406**
**3809 Peachtree Avenue, Suite 102 Wilmington, NC 28403**
**p 910.397.2929 f 910.397.2971 cell 910.297.3036**
**The information transmitted is intended only for the person or
entity to which it is addressed and may contain confidential and/or
privileged material. If you are not the intended recipient of this
message you are hereby notified that any use, review, retransmission,
dissemination, distribution, reproduction or any action taken in
reliance upon this message is prohibited. If you received this in
error, please contact the sender and delete the material from any
computer. Any views expressed in this message are those of the
individual sender and may not necessarily reflect the views of the
company.**
a
6 of 6 6/22/2006 11:18 AM

GRANTIF E CREEK
CONS IRUC HON COMPANY, INC:.
TVE, D
JUN `� ?nO6
State of North Carolina Department of T June 14, 2006
Environmental & Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Attn: Ms. Linda Lewis, Environmental Engineer
Re: Watermark Marina of Wilmington
NCDOT Proposed Right of Way Improvement Permit
Dear Ms. Lewis:
We are the agent and representative for Watermark Marina of Wilmington, LLC, owners
of the Wilmington Marina project. In addition to being a provider of global project management
services, we have frontline responsibility for the project's schedule and budget.
It has come to our attention that despite the best efforts of those trying to submit and
obtain a permit to construct turn lanes within the NCDOT right of way, progress thus far is wholly
unsatisfactory.
We understand that an application package was submitted to your agency on April 14,
2006 for the roadway widening work. We further understand that you rejected this submittal,
stating that it was "incomplete," on May 15, 2006. Apparently, you're requiring that NCDOT sign
the application for this work: They have trepidation concerning this request and understand that
they contacted you June 8, 2006 regarding this matter. They have not received your response.
It is our understanding the issue centers on whether a storm water permit is required in
support of the ROW construction permit.
These are the facts, as I understand them:
1. The roadway widening project will disturb approximately 2/3 of an acre, substantially less
than the one acre threshold.
2.. We understand and agree with your letter dated May 15, 2006 to Mr. Dan Easter, owner
of the marina site that, since the roadway widening project is in a NCDOT Right of Way,
the roadway widening would require a separate storm water permit, if such was required.
4415 Commodity Way•Shingle Springs, CA 95682
Phone[phone] a Fax[phone]
www.grandecreekinc.com

State of North Carolina Department of Environmental&Natural Resources June 14,2006
Watermark Marina of Wilmington-NCDOT Proposed Right of Way Improvement Permit Pg. 2
3. The closest the proposed roadway work is to any normal high water line is approximately
275 feet from Barnard Creek. This is far more than "within 75 feet of the normal high
water line along an estuarine shoreline" as per the CAMA Handbook for Development in
Coastal North Carolina, found on line at httP://dcm2.enr.state.nc.us/Handbook/handbook.htm.
Therefore, the roadway work area is not an area of environmental concern. Therefore, it is
our understanding a CAMA permit is not required for this roadway widening work.
4. This work is governed by a separate construction permit from the marina site (NCDOT
granted Driveway Permit NH 4795, May 22, 2006, for this roadway widening work).
Accordingly, this roadway widening is not subject to a common plan of development,
irrespective of what's assumed by a superfluous interpretation of the material included in
a previous submitted application.
This project milestone is well past due. We would like to take this opportunity to point out
that the treatment of this matter has resulted in delays, carrying significant financial
consequence to the project owners: This is unacceptable.
We have made every effort to resolve this matter with your agency. Based on our
interpretation of the facts, a storm water permit is not required for roadway work. Accordingly,
we will proceed immediately with construction. It is our expectation that you will extend timely
support to expedite the NCDOT right of way construction permit.
Should you have questions regarding this matter, please do not hesitate to contact me
directly at [phone].
Respectfully,
S rt A. Monson
Senior Project Manag r
Granite Creek Construction Co., Inc.
cc: Kenneth Shanklin-Attorney at Law
Brian McCarthy, CEO - Southfork Development, Inc.
Dan Easter, VP Development - Southfork Development, inc.
Ken Gregory, Senior Project Manager- Southfork Development, Inc.
Douglas Granade, President - Granite Creek Construction Co., Inc.

A 71
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 D
Major Permit Coordinator,Morehead City PF, C�+ 1 VF'i
FROM: Robb Mairs I AN 16 2007
DCM Field R presentative, Wilmington
THRU: Jim Gregson
DCM District Manager, Wilmington
DATE: January 11,2007
SUBJECT: Permit Renewal Request No. 66-01
Watermark Marina of Wilmington,LLC (formally Barnand's Creek, LLC)
New Hanover County
Mark T. Arcuri, PE with Criser, Troutman and Tanner Consulting Engineers and acting agent for Watennark
Marina of Wilmington, LLC, has submitted a request renewal of State Permit No. 66-01. Permit No. 66-01 was originally
issued on May 29, 2001, authorizing the development of a dry-stack marina facility, with a associated marine sewage
pumpout station at pier location, stormwater pond, clubhouse, above ground fuel tanks, vehicular bridge to access the site
from River Road and a 24 feet.wide by 434 feet long pier for transporting vessels launched and retrieved by forklift and
two 10 feet wide by 182 feet long staging floating docks. No wet slips and overnight occupancy were authorized under
State Permit No. 66-01. State Permit No. 66-01 has been transferred from Barnard's Creek, LLC, to Watermark Marina of
Wilmington,LLC and was modified on August 22,2005. State Permit No. 66-01 was last modified on October 23, 2006
and expired on December 31,2006.
On May 16,2006 our office received a copy of a recently done hydrographic survey from a private consultant. The
survey showed water depths that were not consistent with the surveyed water depths in the original hydrographic survey
submittal for the permit application and final approval.
At this time the agent is requesting renewal to State Permit No. 66-01 and states that upland portion of the marina is
currently under construction and not operational yet. The agent has listed all the items that have been installed to date and
also the items that have not been installed, which include items authorized under their last modification of State Permit No.
66-01 dated October 23,2006.
The agent has submitted a check(check No. 100888)in the amount of$100 for the renewal request. This office
has no objections to the proposed modifications.
Cc: Dave Timpy, COE
Linda Lewis,DWQ
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]Fax: [phone] Internet: hftp://www.nccoastaimanagement.net
An.Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper

C R I S E R
TROUTMAN
TANNER
TRANSMITTAL LETTER
F
FROM:
OBB MAIRS Mark T.Arcuri, PE
NY: DATE:NCDENR 12-19-06
SS: CTT'S PROJECT NUMBER:
.27 Cardinal Drive 5484.02
Wilmington, NC 28405
PHONE NUMBER: CLIENT'S REFERENCE NUMBER:
796-7215
RE:
Watermark Marina of Wilmington
Request for Extension to the
Existing Major CAMA Permit
WE TRANSMIT: ❑ATTACHED ❑UNDER SEPARATE COVER ❑HAND CARRIED BY XUPS/FEDEX UPS Ground
THE FOLLOWING: ❑TRACINGS ❑ PRINTS ❑ INSPEcnON REPORT ❑SHOP DRAWINGS ❑SPECIFICATIONS ❑OTHER
COPIES DATE SHEET
NO DESCRIPTION REMARKS
1 9/18/06 COVER LETTER
1 12/11/2006 APPLICATION FEE-CHECK 100888- $100
1 5/29/2001 EXISTING CAMA PERMIT - 66-01
1 12/3/2004 RENEWAL OF PERMIT
1 8/22/2005 MODIFICATION OF PERMIT
1 10/23/2006 RENEWAL OF PERMIT
LL—
NOTES/COMMENTS:
RECEIVED
DCM WILMINGTON, NC
Fc: Kevin Butler fx 530-677-7550 DEC 2 0 2006
Dan Easter fx 916-941-9235
Cc: CTT file
by:
CRISER TROUTMAN TANNER CONSULTING ENGINEERS
W ILMINGTON, NC RALEIGH, NC
P.O.Box 3727 Wilmington,NC 28406 1 3809 Peachtree Ave.Suite 102 Wilmington,NC 28403 p 910.397.2929 r 910.397.2971 cttengineering.com

C R I S E R
TROUTMAN
TANNER
December 19, 2006
Robb Mairs
NCDENR-CAMA
127 Cardinal Drive
Wilmington, NC 28405
Re: Request for Extension to Existing CAMA Major Permit
Watermark Marina of Wilmington, Wilmington, NC
Dear Robb:
On behalf of Watermark Marina of Wilmington, LLC,we hereby request an extension for the
longest possible time to the existing CAMA Major Permit for the project, permit No. 66-01,
issued October 23, 2006. The project is currently under construction and is not operational
yet. Items installed to date generally consist of:
1. Grading
2. Gravity sanitary sewer lines
3. Sanitary Sewer Pump Station
4. 12' wide pedestrian access pier
5. 24' wide forklift pier with two floating docks
6. Foundations for Dry Stack Boat Storage Building
7. Curb& Gutter
8. Stone Base for Parking and Drive Aisles
9. Waterlines
10.Water Services
11.Stormwater Pond
12.Stormwater Piping and Inlets
13.Foundations for Clubhouse
14.Steel Framing for Clubhouse
15.Conduits for fuel, electrical, and communications RECEIVED
DCM WILMINGTON, NC
Items not installed to date generally consist of: 0 E C 2 .4 2006
1. Sanitary sewer force main
2. Boat Wash
3. Sewer Pump Out Pump and Pump Out Locations
4. Fueling systems
5. Boat Wash Treatment System
6. Sewer Force Main Connection to receiving sewer
CRISER TROUTMAN TANNER CONSULTING ENGINEERS
WILMINGTON. NC RALEIGH, NC
P.O.Box 3727 Wilmington,NC 28406 1 3809 Peachtree Ave.Suite 102 Wilmington,NC 28403 p 910.39'1.2929 f 910.397.2971 cttengineering.com

Mr. Robb Mairs
December 19, 2006
Page 2of2
7. Final extension and connections for utilities for each system
8. Start Up and testing of Equipment
9. Widen entrance bridge to 24' Clear
Please forward the updated permit with the new Expiration date at your earliest
convenience. Please call me with any questions or if you need additional information.
Cordially,
CRISER TROUTMAN TANNER
CONSULTING ENGINEERS
1�
Mark T. Arcuri, P.E.
Project Manager/ Project Engineer
MTA/mta/5484.00
RECEIVED
DCM WILMINGTON, NC
DEC 202006
CRIBEq
TROUTMAN
TANNER

NXIdit iClass Permit Numbe-
LVEW •
66-01
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
3portn "t
for
X Major Development in an Area of Environmental R EiE l�/E ID
to NCGS 113A-118
DCM WILMINGTON, NC
Excavation and/or filling pursuant to NCGS 113-229� 2006
Issued to Barnards Creek,LLC,PO Box 1083,Wilmington,NC 28402
Authorizing development in New Hanover County at Barnards Creek and Cape Fear River,off SR
1100 ,as requested in the permittee's application dated 5/31/00, including
attached workplan drawings,2 dated received 4/25/01 and 2 dated May,2000.
This permit,issued on May 29,2001 , 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.
Dry Stack Marina Facility
1) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal
facility will be installed and operable, and maintained for the life of the authorized facility.
2) The facility will display a sign showing the location of the on-site pumpout facility, including other
appropriate waste disposal information, at the entrance and exit from the main pier.
3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the dry
stack marina facility. Any sewage discharge at the dry stack marina facility shall be considered a
violation of this permit for which the permittee is responsible. This prohibition shall be applied and
enforced throughout the entire existence of the permitted facility.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
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. vy
Any maintenance work or project modification not covered DoiWD. Moffitt,Director `
hereunder requires further Division approval. Division of Coastal Management
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31,2004
In issuing this permit, the State of North Carolina agrees
that Your proica is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee

FROM FAX NO. Jan. 17 2WS 01:00PM P2
......._ . Permit Number
Permit Class . 66-01
w
STATE OF NORTH CAROLINA
Department of&tviromnext and Natural Resources RECEIVED
and DCM WILMINGTON, N
Coastal Resources Commission
am- tt DEC 2 0 2006
for
X Major Deveioptn W in an Area of Fnvironmentai Concern,
pumnmttoNCGS 113A 119
Bxc$vadon=&,or filling pw==t:to NCGS 113-229
Issued to Hm=*GYee]s,I.LC,PO Bar 1083.WilmipjEan NC 28402
Authorizing dMWPMmrt in New ganover -- County at &M rds Creek and Cape Fear River.off
rSa l i na ,as requested in the permitiee's letter dated 1112/04
This permit,itt mod an neem 9,Z _,is subjaot to compliance with the aMlication(where consistent
with the permit,All applicable regulations,special conditions and notes set forth below. Any violation of dwee terms may
be subject to fines6 imptisomnent or civil action;or may cause tits permit to be null and void.
1) This re Wwal must be attachod to the origitaal of Pennit No.66-01,which was issued on V29101,and
copies of both documents must be readily available on site when Division persoimel inspect the
project for compliance.
3) All oonditions and stipulations of the active permit musin in force under this renewal.
This P0304 sotiaat my be aPPmled by aw pammw or Signed by the authority of the Swztm of DEEM and ere
odw qwWffigd pmow wi in tmdy(M d%yz of&a kqe g Chains a of the Coastal Rosnurces Commission.
date. An appeal nWhu rw*tion prior to YAxk iddadon or
cagtiauanca as the aase may bm
This Pmmit nest be awes elc o"ft to Depatumm
Ptxeotmel when doe Project is h apeow for ammHom.
AsW maiateo m"wo&or project medifiegtbn toot cmmnd Jong,D
S. irector,
hMMdcr further Diviai=appwymL Division of Coashti Management
All work meet cow vvhm the igrInit on -no permit and its andffim ass h=by accepted.
Demmber 31,2W6
In hmft thin pew the Stets of Novh Can,.o ran t
i.oeot wide the Marsh cwoi-M&C4WWW1
SigttaU=ofPerntittm

NUH)TVICA V, IVOR PermitNunit
66-01
87"A"CE'OPNORTH CAROLINA
WIC11t or rift vi rolUllOnLand Natuml 1k0.9ource-q
azlri RECEIVED
Itesolkrccs DCM WILMINGTON, NC
trttA-A,
DEC 2 0 2006
for
—
X.--. Major Devc1optnent in an Area of Envirowitcatal Concern
pursuant to NCGS 11 3A-1 18
lixcnwillon and/car filling pursuant to NCGS 113.229
Suite 200,Eil Dor.j(lo 9 7
Awhorizhtp,dave.lopirivnt ill
t ~fYew TTa,tnvee _ !_county at
RL _o_rr
dis requeswc] fil Ilieperiniftee's letter dated inc cy.tbq
1141-, IVIIIIii, i-881-INJ uli ',_. is subject to compliance with UIC application
Ill fli)Wicahl,�rvgitlaiions, 8 06a) vondilions and 110teS set forth bc1ow.Any violatioll of these tLrj,,S
�Yilh Ow IvI'IT10,, P (Where consist
tht 31113ject to rinns, il"PliSOAMME or civil Action;or may cause the penuft to bo,null and void Tr
.
A 1 1) 1 JI 11033 SIM6 0 CAI ly altered b creilit this minor mod ific,ti il '.1111110171zes:
a. (110 C0n.'z1rticJi4yj1 of an uplind boat waslidown area West of the entrance into the dry steel
5.1.111cillre that would consist Of a CO)'CrCte P,,,)Xl sloped to a critter drain,
+ b. a 12-foul Wide, elevflled, Pedestrian UOCC'si Pier On the 11011h side of the existing pier,
C- the pUicument of fuel and sewur PUMPOIlt Stalimiq at the permitted floating docks.
'111is 111itior modification Shall be arincheil to (fie original Or Permit No. 66-01, which was transfe=(
it) the PuTolitiou on 7112/05, and copies of bolb doc"Ments shall be regdfly available on site whet
Division lv'rsuinlef i1TqP=the Project for Compliance.
3) All conditions and stiptiltitiolis of the active permit remain in force under this minor niodificatiol-
Tbi., lk4rinit 11cliun nlay bz- Upf'C'Mcd by the pevinjitce or Signed by the "Ifli"OTiLY Of the Secretary of DUNR and C
ksilr r c(mlifica 1vr:;nr,& wilt, 11
.ill tv,11ty (20) dlys of the issuing C"a""Of 1116 COOMAI Resources Commission.
ruviires re-aulutinn pritic I%) work inbimio-il ar-
IT)Ily Ll".
Thig ivriah must b... i1ccemible to Depalllmfit
qo-nnel when Gle projoct is kilivew-ki for compliallce.
Ally 111al,
alUeiance work or project rroldification nxit cuvered ones, Dircetc
r,•qpirw riiinher 1)jvlyi(jn alproval. Division Of Coastal Managenici
All%1101 Pel0lit expires tin This permit and its conditions are hmeby accepted.
0oz,,miscr 31,Z(Xi;lv
In. 11111 Nfillit, tj-'d "Slate. Of MI)IIIi C.-mrolina avreer,
tivii your PiOj,'Ll is C011.0,101L 'A ith tts(- N0171h Ca'mlilla dastal
Signature Of Permitte

. ' .,t i ...•a• . .. .s• . . :t• ._. .. .-f• .i• +.. ...��[,..•K••.+.:t`n•:.}}xa: ...._...:..a.::e^..:S V:s:: .. :� .>:.mot••>:••cc:.•e:2
Permit Number
4 STATE. ,
U."Irailmoul of ruiviromuctit and Natural 1Zrsou ccs )
t kind RECEIVE
(yit;[•till}ZS Soi1f('la Commission
1 DCM WILMiNGTON. NG
i lwt l rn I I �� C
�_�. 0 2006
our
4 X M;iJof Utwi lopimmni in nu Aron of Frivironnienlal Concorli
I;ttrsurint III NCO 11:3A•I LS
,
} l ycavatimi attidh)r oil lilt-priMil ant its NCGS 113-229
;:(,ix'tl to A nivritunkk ?.4:uhint of i Vila kilr_otttan,li -C,51 fo lllillsdalr(:ircic,Sulte 200,El Dorado 1101.4,CA 9.57li?. �
.liltlil�ri�itt:;1lt:ve)cslylll<ut in_ .._..._.New Iluugy} .r. Cruck and Colic f_c_ar River oft _
3 S!k.1.j tt? _.... . ..._ , as rt:tlov.Mu l iit tltc perfftilt!:e's letter dated _js�e;ci�rccl"�/11/fl(i
il11:111 lifte file .111,c3ied wulbl)I:tn kIt;ttu?in ly),;?cl,ttcal S1--W5. I elated 4/2..7100. and 6 dated "received" 8111/0f•_,
t'tlis:ji:!'lfllt, is;iartl nr1 ... .._ _ .ilclt,:^t•.2.3, '. M._._--,is subint,to conlliliance with the application(wltcrt coflsisient Y
•0th xh fail nihitiolls.1mt:rtl eonditi(mr,ind notes set forth below.Any violation of these:term,al,y
? t•:;:dlj•al'( toi ti:l•!v,,uul4`aaltitux-at or civil:u•tion;or%my causr,the permit to he tuill and void. $
M17Itir.x s,)(s',:iF.cally al(cmd b(•rr(ft,this,miitoir tatodification authorims:
a. Iko ti,idenin,of ,rimil upd bridge from 15 ft. to 24 rt•, E
( 1s. 11i1•r1'h�l':ititata ttf Il:l_l xistiny PirrltiCttl I)t nel to a similar loc iticin nn t1tC W1CTCrtly(l liritl;;t:,;tnei
i 1 c. in vot)r4lin .lion and with proper aittliocization from the: NC; DOT, the two proposed lr:ft lurn
I:trit-r;clo I•,ivcr 1,r1.
;111 c;tE)ic:;:;aly:nt(l slivi-ific atly tit•! forth i[t llf;:attaclu d v-orkplan drawings.
{ � I
�) I•itis millor tr ccliftcaticill 4}!all 6- auitched ro the origpinitl of Peranit No. 66•01, which wn5 lr.m;;rcrred
t1, dic ir,•iir,ittc,: (,it 7112/05, niul tn(4ttrd on 8/2210.5, and epics of all doem-nenu. shill be ioadily
.tti:tiltil:It:()t:,sir,:».ltcu Division Ix-,rsonnel insl►:cl the projcct for compliAnce.
i) All t:nnllitiotfi and sliplil:ttictu of tic m-tive permit romalat in furce under this minor mollification
f +iidc;;i Zkor:a lic:ce'itl.
s QSek;tlf;lclu'(1 sheet for Adt}iifiiotia l C and itions).
t 1?c; pm art acti la wi:f lie 5ppenled by the I1,•rlti�trt' rlr Signed by the authority or ow SI.'crel:uy of DENit and Lite f
i
{ �:t1nv'tll3rlitl_d I,:i)u)i:•, u lttull Willy(20) 11 y�lir tim isitlini* chlitinall or the coast;tl Rasluuces comillission.
r ;bw., yttl aptu-it le.111%i)Cs iti':111)lltlli! pri"r K) Kruk):fi-1ho,)1)fir }
C.1,311+;,n ill::.1 tha l.1w imy tx. t
�, 'Pint i•K:,•11)ii utu'at l:t .t)•n•�=il•1� r)rt kid; tt) Ilcllailiik•nt � / /l ,f�A/�
�+`'1`%),�!„•1 lucid 1,tilt•17)•)�a'LI i•.!rl'.(Sl:l`itirt l^I contlllt[iuct:. � G,•s-') / 1/ (/ +�!�• '_ ��" —_ _
i —, C1t 1'Ii's s.3oit,.'•S. I)ircour
. Ara-, )t.,iiitr•r+:rc::xSusl, or fi:►;;i'c•i ml+:tiflt•s)tian witr�ir�n:cl /,u Ir.'la`t,!+i+1 cc:i[1)it,:= ti,:tltt•i l]��:si++!t 1t)jnUval. Division of coastal Manageztmunt a
C �
All Nit-R.)nisi ceaw tt!,,c%tin,•ti;Tmh caliiice on 'Mis l)cimit and its conditions are hcre!)y acccimul.
a '
y 114•l'-.ttal•w.11, 'T06
t •)r,l i`.iill+.l: 11,l5 l):•lir,a, (h.—Stn(: of•Nol'.lt C.1rolinu
that ynu+'t rltfla•t it rnt,:,,-melt Willi tlty hl:rth(:arulina Ca;t%tat
— ..
i 1149.hiu%401t.10 f-1111,01ti Sii?ifalnn:pf F�rntittt;�
M N r . .. .•• .. .,• .. r•. . r++..a• .. .:�.:<24� ,•,. :]iy.r,..a,,y..._.� •:.}F',n•a.:v:N•, •.`T".i•.Kt•.rYn a{,• •141.i•.i•1