74881D - Pope

CAMA / ❑ DREDGE & FILL
GENERAL PERMIT
4New ❑Modification El Complete Reissue El Partial Reissue
As authorized by the State of North Carolina, Department of Environmental Quality
and the Coastal Resources Commission in an area of environmental concern pursuant to I SA
Applicant Name VIm :a
Address Q G
Ci/ &i A State ZIP 1O5or�
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Phone # -Mail
Authorized Agent Tn C-0
Affected ❑ Cw 'Aw TA ❑ ES ❑ PTS
AEC(s): ❑ OEA ❑ HHF b IH ❑ UBA ❑ N/A
❑ PWS:
'C
ent or Applicant Printed Name r
'signature "Please read compliance statement on back of permit U
Application Fee(s) Check #
No. 74881 A B C
Previous permit #
Date previous permit issued
NCAC U� 'ZC�10
j �❑ Rules attached.
Project Location: County %_­
Street Address/State Road/ Lot #(s
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Phone # (�_ River Basin Cl'�
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Permit4vficer's Printed Name
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Issuing Date Expiration Date

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�ICINiTY MAP
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NOTES;
1. BOUNDARY INFORMATION WAS TAKEN FROM SURVEY MAP FOR PENDER COUNTY CLERK
OF COURT; by THE CLERK GROUP, SURVEYING DIVISION; dated JUNE 6, 2013 and
recorded JULY 23, 2014, DRAWING No- 10609-PLAT.dwg
2. THE SOURCE OF TITLE OF THIS PROPERTY IS DEED BOOK 4446 PAGE 052 AND MAP
BOOK 56, PAGES 106 & 107 AT THE PENDER COUNTY REGISTER OF DEEDS OFFICE,
NORTH CAROUNA-
M
s
wr+uae+osa -_
E
MP�_-__
MP
C 86. 13.88' 20.40 1 14.00' 0,86,
EXISTING MOORING — —
POLES TO BE I MP (-
MOVED TO 0.86'
INSIOE POPE �� t G • 4.58'
RIPARIAN O EXISTING
AREA UNE ' �PROP • MP
0-!— BOUNDARY LINES
i CENTERUNE ROAD
f RIGHT-OF-WAY
--� SETBACK LINES
---� — OVERHEAD ELECTRIC
- - - -r - - LINES NOT SURVEYED
- • - • • - - SHORE LINE
ECM
EXISTING CONCRETE MONUMENT
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WATER METER
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GABLE TV PEDASTAL
TEL
TELEPHONE PEDESTAL
ELC
ELECTRICAL BOX
HYD
,FIRE HYDRANT
MHW
MEAN HIGH NALERUNE
MLW
MEAN LOW WATERLINE
•
NEW BOAT LIFT PILES
N/F
MONA FAYE BLACK JONES
OB 4674 PG 2162
PB 62 PG 29
4223-25-2875-0000
MP L_ F-�_ BOAT I I Cis —FT PMOLES 0
( I SLIP I REMAIN
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EM
/ I ( (NOT A
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I JOSEPH T. CHANCE, PLS L-3666, CERTIFY THAT THIS PLAT / W LMLI I ,A
WAS DRAWN UNDER MY SUPERV1SiON FROM AN ACTUAL SURVEY ,
�MADE UNO f MY SUPERVISION (DEED DESCRIPTION RECORDED iN
800K PAGE�7-); THAT 9CUNOARIES NOT SURVEYED ARE
iCLEARLY INDICATED AS DRAWN FROM THE INFORMATION =DUND
I IN BOOK ^+; PAGE THAT THE RATIO OF PRECISION AS
CALC DAN I`M1: 000+: THAT
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DATE:
tQ O
O
(TIE LINE)
N 57'33'18 - 50.00'
ECM
N/F _
WILLIAM B. POPE
15,
DB 4446 PG 052
MB 42 PG 98
4223-25-3789-0000
PROPOSED PIER PLAN
442 NORTH ANDERSON BOULEVARD
TAX PARCEL No. 4223-25-3789--0000
WILLIAM B. POPE
TOPSAIL TOWNSHIP - 'ENDER COUNTY - NORTH CAROUNA
OCTOBER 17. 2019 JOB # 001-MOC-011
Chance & Associates Inc.
Professional Land SurveyingSCALE: 1' = 20'
Joseph T. Chance, PLS
1009 Basil Drive
New Sam, NC 28562 I ! 0 10 20 40 60
Phone [phone]
;n—Intchonce0raanan-com _ i Firm Ucense No- C-3662

air NOTE
2. 1. BOUNDARY INFORMATION ''HAS TAKEN FROM SURVEY MAP FOR PENDER COUNTY CLERK
SITE OF COURT; by THE CLARK GROUP, SURVEYING DIVISION; dated JUNE 6, 2013 and
recorded JULY 23, 2014. DRAMANG No. 10609-PLAT.dwg
2. THE SOURCE OF TITLE OF THIS PROPERTY IS DEED BOOK 4446 PAGE 052 AND MAP
BOOK 56, PAGES 106 & 107 AT THE PENDER COUNTY REGISTER OF DEEDS OFFICE, - �G NORTH CAROLINA.
\t N
W El
ro
a P
DPW S
VICINITY MAP S TOPSAL SOUND
LINE LEGEND
e� BOUNDARY LINES
CENTERLINE ROAD
- - RIGHT-OF-WAY
SETBACK LINES
OVERHEAD ELECTRIC
— — — — — — LINES NOT SURVEYED
— — — — APPROXIMATE SHORE LINE
LEGEN
ECM
EXISTING CONCRETE MONUMENT
NMI?
NON-MONUMENTED PCINT
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EXISTING MOORING POLE
WW
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CLEAN OUT
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CABLE PPEDASTAL
.EL
TELEPHONE PEDESTAL
ELC
ELECTRICAL BOX
HYD FIRE HYDRANT
MHW MEAN HIGH WATERLINE
MLW MEAN LOW WATERLINE
N/F
MONA FAYE BLACK JONES
D8 4674 PG 2162
PS 32 PG 29
4223-25-2875-0000
O"57'
MP
18.38'
I MP
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1.79' 0
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APPROXIMATE
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I, JOSEPH 7, CHANCE, PLS L-3666, CERTIFY THAT THIS PLAT
WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY ,
MADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED IN
BOOK4--'tL(9PAGE g)" THAT BOUNDARIES NOT SURVEYED ARE
CLEARLY INDICATED AS DRAWN FROM THE !NFORMATION FOUND
IN BOOK PAGE ^ -. THAT THE RATIO OF PRECISION AS
CALCU TED IS 1:10.DOO+; THAT THIS FLAT WAS PREPARED IN
A —All.— WITH G.S. 47-30 AS AMENDED. 'YATNESS MY
IGIt kL !NATURE, REGISTRATION NUM R AND SEAL THIS N/F _
r / neY nc �GTCJ E 2019. WILLIAM B. POPE
DB 4446 PG 052
MB 42 PG 98
4223-25-3789-0000
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EXISTING PIER LOCATION SURVEY
442 NORTH ANDERSON BOULEVARD
TAX PARCEL No" 4223-25-3789-0000
WILLIAM B. POPE
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TOPSAIL TOWNSHIP - PENDER COUNTY - NORTH CAROLINA
OCTOBER 17, 2019 JOB # 001-MDC-011
Chance & Associates Inc.
Professional Land Surveying SCALE: 1" = 20'
1009JosephB T. Chance, PLS
1009 Basil Drive i
.New Bern, NC 28562 O 10 20 40 60
;Phone [phone]
Firm License No. C-3662

CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
Name of Property Owner: it 1G�►� �nt
Address of Property: _ 1 q], Noy-+"
(Lot or Street #, Street or Road, City & County)
Agent's Name #--M j-urP.Mar ,re,Wailing Address: tom- .D. 'P ox IOSO
Agent's phone #: 2c-�2--1 ZR -4 P 1 M o r eh er4d Cam+) 2�S S 7
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing, with dimensions, must be provided with this letter.
I have no objections to this proposal.y I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management,-,
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is
availableathttp://www.nccoastalmana__qement.nebweb/cm/staff-listing orbycalling 1-888-4RCOASTCg-��`1
No response is considered the same as no objection if you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If
you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(P(r�operty Owner Information) Q Y1�- ip ri open ner Information)
W
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Signature Si Lure
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Print or ype Name Print or Type Name Z
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Mailing Address Mailing Address `Ph-
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City/State/Zip
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Telephone Number / Email Address
Date
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Telephone Number/Email Address
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(Revised Aug. 2014)

Pollock & Pollock
Attorneys at Law, P.A.
105 East Fremont Street • Post Office Drawer 999
Burgaw, North Carolina 28425
Harold Lee Pollock
Rhett Kennedy Pollock
August 13, 2019
Division of Coastal Management
Pender County Division
127 Cardinal Drive Extension
Wilmington, NC 28405
Attention: Jason Dail
RE: Applicant's Name: William B. Pope
Address of Property: 442 North Anderson Boulevard
Topsail Beach, NC 28445
Dear Mr. Dail:
Telephone [phone]
Facsimile [phone]
I today received by certified mail the Division of Coastal Management Adjacent Riparian
Property Owner Notification/Waiver Form for William B. Pope.
My wife, Vickie M. Pollock, and I own the lot northeast of and adjacent to the Pope lot.
Mr. Pope has four posts in the water which were placed five or six feet beyond the extension of
his property line and therefore are in front of our lot. Mr. Pope's existing pier, dock and boat lift
are within his property lines; however, the dock and the boat lift sit within the CAMA setback
requirements.
According to the contractor (via telephone today) and the CAMA application, the current
pier, dock and boat lift are going to be removed and a new pier, dock and boat lift are going to be
constructed in a somewhat different location. Since Mr. Pope is tearing down the existing pier,
dock and boat lift and totally rebuilding five or six feet west, we object to any part of the
construction being within the setback to our property line. We absolutely object to the four
RECEIVED
AUG 14 2!j;g
DCM WILMINGTON, NC

Division of Coastal Management
Attention: Jason Dail
August 13, 2019
Page 2
existing poles in front of our lot remaining. Mr. Pope has ample area in front of his own lot for
his pier, dock and boat lift.
In full disclosure, the previous property owners agreed to waive Mr. Pope's setback
requirements and their own setback requirements so that Mr. Pope's then -existing construction
could remain and could be repaired. However, his existing pier, dock and boat lift are not being
repaired but are being removed and new construction (not in the exact same location) is being
proposed. We were not a party to that agreement and were advised when we purchased the lot
that CAMA rules and regulations would not be governed or dictated by any agreement between
past property owners.
We object to any construction within the setbacks required by CAMA. We object to the
four poles which are in front of our property remaining: They will certainly impede construction
of a pier and dock for our fifty -foot lot.
Thank you for attention to this matter. Please contact me with any questions or concerns.
Sincerely,
Harold Lee Pollock
Enclosures
RECEIVED
AUG 14 ?019
DCM WILMINGTON, NC

ROY COOPER
MICHAEL S. REGAN
Secretary
Environmental WILLIAM F. LANE
Quality General Counsel
MEMORANDUM
TO: Jason Dail, DCM WiRO Field Rep., via email
CC: Tara MacPherson, DCM WiRO DM, via email
Braxton Davis, DCM Director, via email
FROM: Christine A. Goebel, Assistant General Counsel
DATE: December 19, 2019
RE: Pope/Pollock Riparian issues at 442 North Anderson Boulevard, Pender Co.
I was asked by my clients at DCM to review and advise them on this matter regarding
notice and waiver of the riparian setback as it related to two private agreements Mr. Pope had
signed. I reviewed the riparian agreements between Townsend (predecessor to Pollock) and Pope
recorded at Book 4450, Page 73 of the Pender County Registry and between Black -Jones and Pope
recorded at Book 4450, Page 84 of the Pender County Registry (the Agreements), which Mr.
Pollock would have had record notice of before his purchase, if not actual notice. I also reviewed
Mr. Pollock's letter of August 13, 2019 to Mr. Dail. More recently, I also reviewed the permit
application materials and specifically the revised site plan survey sealed by Joseph T. Chance on
October 21, 2019.
On the issue of notice (See G.S. § 113A-118.1 or G.S. § 113A-119, and 15A NCAC 7H
.1202(b) or 7H .0204(b)(5) depending on permit type), DCM advised Mr. Grady that the
Agreements were not enough to satisfy the CRC rule's notice requirement because the CRC's
notice rules are specific to a proposed project that is the basis of a permit application and not
general notice that one party to the agreement would or could develop something in the future.
DCM is neither a party to, nor bound by the Agreements and specific notice of the proposed
development is required by the CRC's rules so that the neighbor has notice, and if they objection
or wish to raise concerns, those objections and concerns specific to the proposed development can
be considered by DCM before a permit decision is made.
On the issue of waiver of the 15' riparian setbacks set forth in the CRC's rules at 15A
NCAC 7H .1202(q) or 7H .0208(b)(6)(I), depending on permit type, DCM reviewed what was
proposed based on the October 21, 2019 sealed plans. In this proposal the following development
is proposed:
Nothing Compares_.-.,._
State of North Carolina Environmental Quality
217 West Jones Street ( 1601 Mail Service Center I Raleigh. North Carolina 27694-1601
919 707 8600

[Mr. Jason Dail]
[December 19, 2019]
Page 2
• Removing two existing boat lift piles inside the Pope riparian corridor and adding four new
boat lift piles to be 0.86' inside Pope's riparian corridor
• Adding four new boat lift piles even with the Pollock -facing side of the platform to create
a 24' deep boat slip where there had been an approximately 15' deep boat slip before.
• Removing the existing 20.4' x 17.02 platform that is about 10.15' off the Pope/Pollock
riparian line and adding a new 20.4' x 17' platform that is 14' off the Pope/Pollock riparian
line.
• Removing the existing 93.48' x 5.91' access pier and replacing it with a 93.48' x 6' access
pier.
• Retaining the four existing piles in the same location in the Pollock riparian area
In his letter of August 13, 2019, Mr. Pollock objected to those structures being torn down
and replaced within the 15' CAMA riparian setback because they are not being simply repaired
and could be replaced outside of the 15' setback. Additionally, Mr. Pollock objects to the
existing pilings along the Pope/Pollock line which will remain in the same location. However,
my reading of the language of the Agreements regarding waiver is not so restrictive. Specifically,
the Pope/Townsend Agreement:
• "allow[s] the encroachment of certain improvements of Pope into the riparian corridor
appurtenant to the Townsend Property" (i.e. the four existing pilings)
• Prospectively provides waivers, each to the other, of "certain regulatory matters"
including of the set -back requirement or "CAMA Waiver Area" as described as
"Townsend [now Pollock] hereby perpetually waives any and all objection to, and hereby
consent to, the presence of the Pope Pier and Boat Lift within the Pope CAMA Waiver
Area (that area in the Pope corridor within 15' of the common riparian line)..."
Townsend [now Pollock] ... "hereby consents to, the repair, replacement, modification,
extension, improvement or upgrade by pope of the Pope Pier and boat Lift within the
Pope Riparian Corridor(including, but not limited to such activities within the Pope
CAMA Waiver Area), and further waives any and all set -back requirements pertaining to
the repair, replacement modification, extension, improvement or upgrade of the Pope Pier
and boat Lift within the Pope Riparian Corridor which may be required..."(by law
including specifically the CAMA and CRC's rules).

[Mr. Jason Dail]
[December 19, 2019]
Page 3
As to the four pilings in the Pollock corridor, the Agreement appears to indicate they can stay in
their existing locations, but Pope cannot build anything else within the Pollock Corridor and no
such new development is proposed. As to the pier and boat lift (which appears to include the
platform as well per the referenced drawing), the language of the Agreement is encompassing in
describing the possible activities when it lists both repair and replacement (terms defined in the
CRC's rules as part of the 50% rule), as well as modification, extension, improvement and
upgrade. In this case, the work proposed within the Pope Riparian Corridor falls within these
definitions, and additionally, is in the case of the platform, moving further away from the Pollock
Riparian Area by about 4').
Based on my reading of the Agreement, I would advise that it is sufficient to constitute the
written waiver of the 15' CAMA Riparian Setback for development within the Pope Riparian
Corridor but within 15' of the Pope/Pollock riparian line. If Mr. Pope has not yet done so, he
should ensure that Mr. Pollock has been noticed with the updated plans referenced above.
Please let me know if you have any further questions.

T D EURE MARINE CONSTRUCTION, LLC
PO BOX 650
MOREHEAD CITY, NC 28557
TEL: [phone]
FAX: [phone]
Certified Mail — Return Receipt Requested
August 2"d, 2019
Dear Ms. Jones,
Bill and Pam Pope are applying for a CAMA permit to replace their dock, boat lift and pilings located at 442 North
Anderson Blvd., in Pender County, North Carolina. The specifics of the proposed work are enclosed.
You are being provided this notice as the adjacent riparian property owner to the aforementioned project. Please review
the attached form and drawing, and do not hesitate to call me if you have any questions whatsoever.
Sincerely,
Andrew Law
Managing Partner
Enclosures

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!itj II II J II ffII 84450 P�01211:28-25.000
I��III11���«�«I����I��I�II�I���l� Sharon Lear WslloughbyPRaP
Pander County, NC Register of Deeds page 1 of 10
AFFIDAVIT OF CORRECTION OF TYPOGRAPHICAL OR OTHER MINOR ERROR
[N.C.G.S.47-36.1]
Prepared by: Biberstein & Nunalee, LLP
Each undersigned Affiant, jointly and severalty, being first duly sworn, hereby swears or affirms that the Waiver and
Encroachment recorded on July 23, 2014 in Book 4446, Page 73, Pender County Registry, by and between Thomas
Townsend, Frances Townsend and William B. Pope contained the following typographical or other minor error:
Blank reference to "the Survey' on page 2 should be Map Book 56, Pages 106-107
Affiant makes this Affidavit for the purpose of correcting the above -described instrument as follows:
Reference to "the Survey' on page 2 is Map Book 56, Pages 106-107
Affiant is knowledgeable of the agreement and the intention of the parties in this regard. Affiant is the (check one)
Drafter of original instrument being corrected
Closing attorney for transaction involving instrument being corrected
Attorney for grantor/mortgagor named above in instrument being corrected
Owner of the property described in instrument being corrected
Other (Explain:
A copy of the original instrument (in part or in whole) (X) is / U is not attached.
f/�l
Signature of Affiant
Print or Type Name: R.V. Biberstein, Jr.
Signature of Affiant
Print or Type Name_
State of North Carolina, County of Pender
Signed and sworn to (or affirmed) before me, this the 31st day
o
of July, 2014.
My Commission Expires:
a
51 15
iv
NotarV Rublic
v
Mim's core! 8 fltes\kim;misc\affidavit of correction.waiver townsend.doc
October 3, 2008
OFFICIAL SEAL
Notary Public, North Carolina
County of Peoder
K1hABERLY F. SANDERS

84446 07 23 2014
f I ff lif it �11f 11lill��f�i111 f f �f f Sharon Lear i1I11oughbyPP.OP
Pender County, NC Register of Deeds page 1 of 9
1-2014
Jill III111111111 Illlirff Register lJill III f Sharon Lear Wl l to ghbyPROP Deeds page 2 of I
NORTH CAROLINA
PENDER COUNT'
THIS WAIVER and ENCROACHMENT AGREEMENT, made this day of
ao i�j
by and between THOMAS TOWNSEND, FRANCES TOWNSEND and
I�ILLIAB. POPE, is as follows:
WITNESSETH:
WHEREAS, FRANCES TOWNSEND and THOMAS TOWNSEND (hereinafter
collectively "Townsend") are the owners of certain real property (hereinafter "the Townsend
Property") described in deed recorded in Book 193, Page 523 in the Office of the Register of Deeds
of Pender County, North Carolina; and,
WHEREAS, WILLIAM B. POPE is the owner of certain real property (hereinafter "the
Pope Property") described in deed recorded in Book 2293, Page 260 in the Office of the Register of
Deeds of Pender County, North Carolina; and,
WHEREAS, Townsend and others instituted against Pope and others a certain special
proceeding bearing file number 10-SP-17 in the Office of the Clerk of Superior Court of Pender
County, North Carolina, regarding the boundary lines between the Pope Property, the Townsend
Property and the properties of others joined therein; and,
WHEREAS, on July 15, 2010, Townsend, Pope and other parties joined in the aforesaid
special proceeding reached a mediated settlement (herein "the Settlement") which provided,
Prepared by.
Sumrell, Sugg, Carmichael, Hicks and Hart, PA .
Attomeys at Law
416 Pollock Street
New Bem, North Carolina 28560
N

II IIII II1II II I IIIf� l��l[I II I III SharonLearU ill Ioughby'PDP
Pender County, NC Register of Deeds page 2 of 9
1f1f�llIII er IIIlI I 1gSharLear uhbyPOP1ly, NC Register f Deeds page 3
interalia, the execution by and between Townsend and Pope of an instrument allowing the
encroachment of certain improvements of Pope into the riparian corridor appurtenant to the
Townsend Property, as herein stated and described, and the prospective waiver by Pope and
Townsend, each and for the other, of certain regulatory matters, as also herein stated and described;
and,
WHEREAS, a survey (hereinafter "tine Survey") performed pursuant to the Settlement and
recorded in in the Office of the Register of Deeds of Pender
County, North Carolina, shows and depicts a portion of a pier, a boat lift and supporting pilings
(hereinafter "the Pope Pier and Boat Lift") appurtenant to the Pope Property within the 1S' set -back
required of Pope from the boundary line as extended under Article 7 of Chapter 13 IA of the North
Carolina General Statutes, the Coastal Area -Management Act of 1974, and regulations promulgated
thereunder (hereinafter"the Pope CAMA Waiver Area"); and,
WHEREAS, the Survey also shows and depicts the encroachment of four (4) pilings
(hereinafter "the Encroaching Pilings") which are appurtenant to the Pope Property into the riparian
corridor of the Townsend Property as determined by the extension of the boundary line between the
Pope Property and the Townsend Property into Topsail Sound (hereinafter "the Townsend Riparian
Corridor"); and,
WHEREAS, Pope and Townsend have firithermore agreed that no improvements of any
nature whatsoever shall be erected, constructed or located by Townsend within. five (S) feet of the
boundary between the Townsend Riparian Corridor and the Pope Riparian Corridor (such area
hereinafter "the Townsend Set -Back Area"); and,
WHEREAS, this instrument is executed, delivered and recorded to memorialize the waiver
by Townsend of the aforesaid encroachment, the waiver by Pope and Townsend of the aforesaid
set -back requirement and the other agreements herein stated.
NOW THEREFORE, in consideration of mutually sufficient consideration made each to the
other, included but not limited to the Settlement, Pope and Townsend hereby agree as follows:
2

07 23 2014
I I �Bl flff E fl �� If If l l� 8haro Lear i lloughby'nOp
Pander County, NC Register o11:06:06,004
f Deeds page 3 of 9
Pander1111Ilfiilllll{!IC07-31-2014
11111111 Jill11111 er f Sharon pear age �iifo1ghbyPROP
1. Incorporation of Recitals: The recitals contained above are incorporated herein
as an integral part of this instrument.
2. Townsend CAMA Waiver as to the Pope Pier and Boat Lift: Townsend
hereby perpetually waives any and all objection to, and hereby consents to, the
presence of the Pope Pier and Boat Lift within the Pope CAMA Waiver Area,
and Townsend shall not request, demand or seek the relocation or removal
thereof In addition, Townsend agrees that he shall not interfere with the use by
Pope of the Pope Pier and Boat Lift, nor shall Townsend attempt to utilize the
Townsend Riparian Corridor in any manner which would directly interfere with
Pope's use of the Pope Pier and Boat Lift. Townsend agrees and acknowledges
that the agreements herein made shall not be construed to allow the construction
by Townsend of improvements which would be located in the riparian corridor of
Pope; as determined by the extension of the boundary line between the Pope
Property and the Townsend Property into Topsail Sound (hereinafter "the Pope
Riparian Corridor"), as depicted on the Survey, and Pope reserves the right to
prohibit, object to or contest the construction of improvements by Townsend in
the Pope Riparian Corridor.
3. Towmend Waiver as to the Encroaching Pilings: Townsend hereby
perpetually waives any and all objection to, and hereby consents to, the
encroachment of the Encroaching Pilings into the Townsend Riparian Corridor,
and Townsend shall not request, demand or seek the relocation or removal
thereof. In addition, Townsend agrees that he shall not interfere with the use by
Pope of the Encroaching Pilings, nor shall Townsend attempt to utilize the
Townsend Riparian Corridor in any manner which would directly interfere with
Pope's use of the Encroaching Pilings. Townsend agrees and acknowledges that
the agreements herein made shall not be construed to allow the constriction by
3

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page.
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Pender County. NC Register of Deeds page 5 of 1
Townsend of improvements which would be located in the Pope Riparian
Corridor, and Pope reserves the right to prohibit, object to or contest the
construction of improvements by Townsend in the Pope Riparian Corridor,
4, Townsend Waiver as to the Repair, Replacement or Expansion of the Pope
Pier and Boat Lift:Townsend waives any and all objection to, and hereby
consents to, the repair, replacement, modification, extension, improvement or
upgrade by Pope of the Pope Pier and Boat Lift within the Pope Riparian
Corridor (including, but not limited to such activities within the Pope CAMA
Waiver Area), and further waives any and all set -back requirements pertaining to
the repair, replacement, modification, extension, improvement or upgrade of the
Pope Pier and Boat Lift within the Pope Riparian Corridor which may be required
under any federal, state or local law, rule, statute or ordinance, including
specifically but not limited to the Coastal Area Management Act of r974 and the
regulations promulgated thereunder. 'The agreements contained in this
instrument shall not permit Pope to extend or expand the Pope Pier and Boat Lift
in or into the Townsend Riparian Corridor. Townsend agrees to execute and
deliver to Pope any document or instrument which may be required by any
federal, state or local government or agency to confirm and memorialize
Townsend's waiver of any set -back requirement herein described.
5. Townseud Waiver as to the Repair and Replacement of the Encroaching
Pilings: Townsend waives any and all objection to, and hereby consents to,
the repair and replacement by Pope of the Encroaching Pilings within the
Tommsend Riparian Corridor, and further waives any and all set -back
requirements pertaining to the repair and replacement of the Encroaching Pilings
which may be required under any federal, state or local law, rule, statute or
ordinance, including specifically but not limited to the Coastal Area Management
4

07-23-2014
P007
11111111111 jjjjI 11 S aro Lear illoughhy?ROP
Pender County, NC Register of Deeds page 5 of 9
B4450 P007711-28-25'©00
Sharon Lear W111oughb?ROP
Pender County, NC Register of Deeds page 6 of 10
Act of 1974 and the regulations promulgated thereunder. The agreements
contained in this instrument shall not permit Pope to extend or expand the
Encroaching Pilings in or into the Townsend Riparian Corridor. Townsend
agrees to execute and deliver to Pope any document or instrument which may be
required by any federal, state or local government or agency to confirnn and
memorialize Townsend's waiver of any set -back requirement herein described.
6. Pope Waiver as to Townsend CAMA Set -Back: Subject to the
provisions of paragraph 7 below, Pope waives any and all set -back requirements
pertaining to the construction, and the repair, replacement, modification,
improvement or upgrade thereafter, by Townsend of piers and pilings within the
Townsend Riparian Corridor but outside the Townsend Set -Back Area which
serve the Townsend Property, as may be required under any federal, state or local
law, rule, statute or ordinance, including specifically but not limited to the Coastal
Area Management Act of 1974 and the regulations promulgated thereunder,
provided that such improvements by Townsend do not interfere with Pope's use
of the Pope Pier and Boat Lift and the Encroaching Pilings as agreed in
paragraphs 2 and 3 above. Pope agrees to execute and deliver to Townsend any
document or instniment which may be required by any federal, state or local
government or agency to confirm and memorialize Pope's waiver of any set -back
requirement herein described
7. Townsend Five (5) Foot Set -Back: Notwithstanding anything to the
contrary herein, Pope and Townsend agree that no improvements of any nature
whatsoever shall be erected, constructed or located by Townsend within the
Townsend Set -Back Area.
S. Mutual Cooperation: Townsend and Pope agree to execute in favor of the
other such documents or instruments which may be reasonably requested, each by
9

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Pender County, NC Register of Deeds page S of 9
11I1II ill I1II Il 11111 97 31 2814111l1111111 Jill B4450 P001I:150 01o8
Pender County, NC Register of Deeds page 7 of 10
the other, to effectuate or implement the agreements herein stated. Townsend
further agrees that all provisions herein pertaining to the Pope Pier and Boat Lift
located within the Pope Riparian Corridor shall apply to any and all repairs,
replacements, modifications, extensions, improvements orupgrades thereto.
This instrument shall be binding upon and inure to the benefit of Pope and Townsend and
their respective heirs, successors and/or assigns, as the case may be. This instrument and the
covenants and agreements herein shall run with and be appurtenant to the Townsend Property and
the Pope Property, respectively.
IN TESTIMONY WHEREOF, the parties hereto execute this instrument in such form as to
be binding, this the day and year first above written.
[SIGNATURE PAGES ATTACHED]
0

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Pender County, MC Register of Deeds page 7 of 9
lflll lllller llllllll ll�liRegisterllf Sharo07-31-204
n Lear ige 8 af1ouyhbyPROP
OIv�TCO)�WNNSE�ND
MRN�CIOUNTY
INA
I, the undersigned Notary Public of the County ofState of North Carolina,
certify that THORNS TOWNSEND personally appeared before me this day and acknowledged
the due execution of the foregoing instrument for the purposes therein expressed -
WITNESS -my.
�-{'
hand and notarial seal, this J + ►'j day of 01q
My'Co 'scion Expires:
NOTARY SEAL/STAMP MUST
APPEAR LEGIBLY IN BOX
TO THE RIGHT
NOTARY PUBLIC

f railll�f 11 if lllf �Iltt l ill �I[It�ll �444� 80 07-23.06.0
Pender Count Sharon Lear W�l�lou h 204
County, NC Register of Deeds pace a! o f 9 9hbyPROP
Il1I!lllllfl�Il1llNlllllllll1111111� 84450 P0080 31_2014
Pender Count Sharon Lear W1�1�loughbyE'ROP
Y. NC Register of Deeds page 9 of lu
r
ROLINA
WCOUNTY
I, the undersigned Notary Public of the County of�State of North Carolina,
01
'certify that PRANGS TOWNSEND personally appeared before me this day and acknowledged
the due execution of the foregoing instrument f( the urposes therein expressed.
WITNESS my hand and notarial seal, this day of , 201
Q�(
NOTARY PUBLIC.
i
NOTARY SEAUSTAMP MUST
APPEAR LEGIBLY IN BOX
TO THE RIGHT

NORTH CAROLINA
�/✓ COUNTY
I( ` �4446 P00�1 °; md-e '004
P l�l ! I 1 f Il I County,er 1 f ll � 11�1l11l5lI!! III DeedSharon Lear 9 lof 9 ghbyPPOP
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Pender County, NC Register of Deeds page
Lear Witlou9ghbyPROP
page 18 of 10
I, the undersigned Notary Public of the County of (i�� �/� , State of North Carolina,
certify that WILLIAM B. POPE personally appeared before me this day and acknowledged the
due execution of the foregoing instrument for the purposes therein expressed.
WITNESS my hand and notarial seal, this t6- day of ��, 2013.
My Commission Expires:
2.a -� 3 tea/
NOTARY SEAUSTAMP MUST
APPEAR LEGIBLY IN BOX
TO THE RIGHT
9
N T, Y PUBLIC
L��

s Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
i Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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❑ Certified Mail Restricted Delivery
❑ Return Re eipt for
❑ Collect on Delivery
Merchandise
2. Article Number (Transfer from service label)
17 Collect on Delivery Restricted Delivery
❑ Signature Cortfirmatic
7018 3090 0000 8976
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PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Rece
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12131 /2019

T D EURE MARINECONSTRUCTION, LLC
PO BOX 650
MOREHEAD CITY, NC 28557
TEL: [phone]
FAX: [phone]
William Pope
442 North Anderson Blvd.
Surf City, NC 28445
Certified Mail — Return Receipt Requested
December 30, 2019
Harold L. Pollock
PO Box 325
Burgaw, NC 28425
Mr. Pollock,
Mr. and Mrs. Pope are applying for a CAMA permit to construct a dock and boatlift per our
previous notification.
As the adjacent riparian property owner to the aforementioned project, we are required to notify
you of the development.
Please see the attached (3) corresponding survey drawings.
1. Existing Pier Location.
2. Proposed Pier Plan.
3. Overlay of the existing and Proposed.
If you have any questions on this project, please call me at [phone] or e-mail me at
[e-mail].
Sincerely,
Andrew Law
TD Eure Marine Construction, LLC
Enclosures

CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONMAIVER FORM
Name of Property Owner: \dOWnhA RM
Address of Property: `{ Nor+'1 hyAe✓ wi
;Lot or Street #, Street or Road, City & County)
Agent's Name #' iAr?, _�Irar ire.Cefk`�r oC,� cAMailing Address: 1?.0 Z t% (.GSA
Agent's phone #: 25?_=l Z�-41ci1 Mote �Leac9 C���- , 1�1C 2kSS i
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing_the development
they are proposing. A description or drawing, with dimensions, must be provided with this letter.
I have no objections to this proposal. _ _ I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is
available at http://www.nccoastaimanagement.netlweb/cmistaff-listing or by calling 1-888-4RCOAST.
No response is considered the same as no objection if you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock. mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If
you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Property Owner Information)I
c al�L
Signature
m �G« _
Print or ype Name
r
�V SL
Mailing Address
NAGN AAA Cj6 NK- UKs
City/StatelZip Q
Z.c;�_ --� ZR - `-i. « i
Telephone Number/Email Address
Date
(Riparian Property Owner Information)
Signature
Print or Type Name
Mailing Address
City/StatelZip
Telephone Number/Email Address
Dare
(Revised Aug. 2014,)

CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Property Owner: William B. Pope
Address of Property:
442 North Anderson Blvd., Surf City - Pender County
(Lot or Street #, Street or Road, City & County)
Agent's Name #: TD Eure Marine Construction, LLC Mailing Address: PO Box 650
Agent's phone #: [phone] Morehead City, NC 28557
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing, with dimensions, must be provided with this letter.
I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is
availableathttp://www.nccoastalmanagement.net/web/cm/staff-listing orbycalling 1-888-4RCOAST. 7
No response is considered the same as no objection if you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If
you wish to waive the setback, you must initial the appropriate blank below.)-r
I do wish to waive the 15' setback requirement. ',N1e VA 'TV'
?
I do not wish to waive the 15' setback requirement.
Cl Io--)(�4' '1215-
Sig-nature
Print or Type Name
Mailing Address
City/State/Zip RECEIVED
(Prop Ow Information)
Signature
Andrew a
Print or Type Name
PO Box 650
Mailing Address
Morehead City, NC 28557
City/State2ip
252-571-2773
Telephone Number/Email Address
8/2/2019
Date
(Riparian Property Owner Information)
Telephone Number/Email Address A,I`JG 1 4 119
Date DeM WILMINGTON, NC
(Revised Aug. 2014)

u
Existing moorings will be
relocated on the property li
................
Proposed new pier to
move nest approximately
6LF from location of the
existing pier
Jones Property
450' Wb
442 North Andresen Blvd
i.c.•
Pope Pier
420' 5"►
' Existing moorings to stay
t-- ---- �16 a ► same location
• Proposed Boat Lift Slip
• - ----- - - - - ----
I 40 ,194
0
L
Pollock Prcpe_ty
150' "► 450' 0"►
Drauin; 224 rn,-,r-t � Drawn ttatRc -_
0000416 Law
sell! :ate: ;ttv:
KA 7/10/19
Irn EURE MARINE
CONSTRUC MN LLC
RECEIVED
AUG 149019
DCM WILMINGTON, NC

J III II III'll'�IIII�IIII iIIIIIIIIIII 07 2 1
84450 P�12 11' , 5.000
ender County, NC •pteter of Deeds page I er Lllllo hbIPROP
of 1
AFFIDAVIT OF CORRECTION OF TYPOGRAPHICAL OR OTHER MINOR ERROR
[N.C.G.S.47-36.1]
Prepared by: Biberstein & Nunalee, LLP
Each undersigned Affiant, jointly and severally, being first duly sworn, hereby swears or affirms that the Waiver and
Encroachment recorded on July 23, 2014 in Book 4446, Page 73, Pender County Registry, by and between Thomas
Townsend, Frances Townsend and William B. Pope contained the following typographical or other minor error:
Blank reference to "the Survey" on page 2 should be Map Book 56, Pages 106-107
Affiant makes this Affidavit for the purpose of correcting the above -described instrument as follows:
Reference to "the Survey" on page 2 is Map Book 56, Pages 106-107
Affiant is knowledgeable of the agreement and the intention of the parties in this regard. Affiant is the (check one)
Drafter of original instrument being corrected
Closing attorney for transaction involving instrument being corrected
Attorney for grantor/mortgagor named above in instrument being corrected
Owner of the property described in instrument being corrected
Other (Explain:
A copy of the original instrument (in part or in whole) (X) is is not attached.
Signature of Affiant Signature of Affiant
Print or Type Name: R.V. Biberstein, Jr. Print or Type Name:_
State of North Carolina, County of Pender
n
Signed and sworn to (or affirmed) before me, this the 31st day
"
of July, 2014.
My Commission Expires:
o
15
d
Notar4 Rublic
fWm's core) B fileS\kimTnlsctaffidavit of correctionwaiver townsem.doc
October 3, 2008
OFFICIAL SEAL
Notary Public, North Carolina /
County of Pender ✓
KIISERLY F SANDERS
RECEIVED
AUG 14-2019
DCM WILMINGTON, NC

f
V IIjIIIIIII�IIIIIIII�1111NIGlliilll 73�;;e .064
page t of 9
IIIIIIIIIIer INIIIIIIIIIII illllIIIIIller f Deeds4450 Lear 1i;►,b�oP
NORTH CAROLINA
PENDER COUNTY
THIS WaaAIIVER and ENCROACHMENT AGREEMENT, made this—�`'�-- �y of
�A�3� by and between THOMAS TOWNSEND, I7RANCI:S TOWNSEND and
*ILL B. POPE, is as follows:
WITNESSETH:
WHEREAS, PRANCES TOWNSEND and THOMAS TOWNSEND (hereinafter
collectively "Townsend') are the owners of certain real property (hereinafter "the Townsend
Property") described in deed recorded in Book 193, Page 523 in the Office of the Register of Deeds
of Pender County, North Carolina; and,
WHEREAS, WILLIAM B. POPE is the owner of certain real property (hereinafter "the
Pope Property") described in deed recorded in Book 2293, Page 260 in the Office of the Register of
Deeds of Pender County, North Carolina; and,
WHEREAS, Townsend and others instituted against Pope and others a certain special
proceeding bearing file number 10-SP-17 in the Office of the Clerk of Superior Court of Pender
County, North Carolina, regarding the boundary lines between the Pope Property, the Townsend
Property and the properties of others joined therein; and,
WHEREAS, on July 15, 2010, Townsend, Pope and other parties joined in the aforesaid
special proceeding reached a mediated settlement (herein `the Settlement") which provided,
P+� by
Sumrell, Sugg, Camrichael, Hicla and Hart, P.A.
Attomeys at Law
416 Pollock Street
New Berg, North Carolina 28560
C
(RECEIVED
AUG 1 4 ?019
DCM WILMINGTON, NC

IIIIIIIIII� IIII IIIIIIII1IIIIIIIIIIII46 P�14 10 louy}1byPROP P.nder ty, NC .ylst.r of D.eds Pay. 2 of 9
IIIIIIIIII IIIIIIII II I�IIIIIllnf 7t.Doajo "12; OP
interalia, the execution by and between Townsend and Pope of an instrument allowing the
encroachment of certain improvements of Pope into the riparian corridor appurtenant to the
Townsend Property, as herein stated and descnbed, and the prospective waiver by Pope and
Townsend, each and for the other, of certain regulatory matters, as also herein stated and described;
and,
WHEREAS, a survey (hereinafter "the Survey") performed pursuant to the Settlement and
recorded in in the Office of the Register of Deeds of Pender
County, North Carolina, shows and depicts a portion of a pier, a boat lift and supporting pilings
(hereinafter "the Pope Pier and Boat Lift") appurtenant to the Pope Property within the 15' set -back
required of Pope from the boundary line as extended under Article 7 of Chapter 131A of the North
Carolina General Statutes, the Coastal Area Management Act of 1974, and regulations promulgated
thereunder (hereinafter "the Pope CAMA Waiver Area"); and,
WHEREAS, the Survey also shows and depicts the encroachment of four (4) pilings
(hereinafter "the Encroaching Pilings") which are appurtenant to the Pope Property into the riparian
corridor of the Townsend Property as determined by the extension of the boundary line between the
Pope Property and the Townsend Property into Topsail Sound (hereinafter "the Townsend Riparian
Corridor'); and,
WHEREAS, Pope and Townsend have fiuthermore agreed that no improvements of any
nature whatsoever shall be erected, constructed or located by Townsend within five (5) feet of the
boundary between the Townsend Riparian Corridor and the Pope Riparian Corridor (such area
hereinafter "the Townsend Set -Back Area'); and,
WHEREAS, this instrument is executed, delivered and recorded to memorialize the waiver
by Townsend of the aforesaid encroachment, the waiver by Pope and Townsend of the aforesaid
set -back requirement and the other agreements herein stated.
NOW THEREFORE, in consideration of mutually sufficient consideration made each to the
other, included but not limited to the Settlement, Pope and Townsend hereby agree as follows:
2
RECEIVED
AUG 1 4,)0Ig
DCM WILMINGTON, NC

1111ilIl11I'iiiii ii�iiiiifBSI-ds PaOrJII b'PWender c,ty,
fe2u IMOPPIrty.later of
P:4
1. Incorporation of Recitals: The recitals contained above are incorporated herein
as an integral part of this instrument.
2. Townsend CAMA Waiver as to the Pope Pier and Boat Lift: Townsend
hereby perpetually waives any and all objection to, and hereby consents to, the
presence of the Pope Pier and Boat Lift within the Pope CAMA Waiver Area,
and Townsend shall not request, demand or seek the relocation or removal
thereof. In addition, Townsend agrees that he shall not interfere with the use by
Pope of the Pope Pier and Boat Lift, nor shall Townsend attempt to utilize the
Townsend Riparian Corridor in any manner which would directly interfere with
Pope's use of the Pope Pier and Boat Lift. Townsend agrees and acknowledges
that the agreements herein made shall not be construed to allow the construction
by Townsend of improvements which would be located in the riparian corridor of
Pope, as determined by the extension of the boundary line between the Pope
Property and the Townsend Property into Topsail Sound (hereinafter "the Pope
Riparian Corridor"), as depicted on the Survey, and Pope reserves the right to
prohibit, object to or contest the construction of improvements by Townsend in
the Pope Riparian Corridor.
3. Townsend Waiver as to the Encroaching Pilings; Townsend hereby
perpetually waives any and all objection to, and hereby consents to, the
encroachment of the Encroaching Pilings into the Townsend Riparian Corridor,
and Townsend shall not request, demand or seek the relocation or removal
thereof. In addition, Townsend agrees that he shall not interfere with the use by
Pope of the Encroaching Pilings, nor shall Townsend attempt to utilize the
Townsend Riparian Corridor in any manner which would directly interfere with
Pope's use of the Encroaching Pilings. Townsend agrees and acknowledges that
the agreements herein made shall not be construed to allow the construction by
3
RECEIVED
AUG 14 .'019
DCM WILMINGTON, NC

IIIIIU IIII 8111 IIIl�III��Illllil (86:06 004
Pander County, C ap/star of Oeeda pap, 4 of 9
07-at-zeta
7t20�
fill IIIi01IIN1lP'alIIII mromu11�Pander t Qhb
OPaserof "ads S of
Townsend of improvements which would be located in the Pope Riparian
Corridor, and Pope reserves the right to prohibit, object to or contest the
construction of improvements by Townsend in the Pope Riparian Corridor.
4. Townsend Waiver as to the Repair, Replacement or Expansion of the Pope
Pier and Boat Lift: Townsend waives any and all objection to, and hereby
consents to, the repair, replacement, modification, extension, improvement or
upgrade by Pope of the Pope Pier and Boat Lift within the Pope Riparian
Corridor (including, but not limited to such activities within the pope CAMA
Waiver Area), and further waives any and all set -back requirements pertaining to
the repair, replacement, modification, extension, improvement or upgrade of the
Pope Pier and Boat Lift within the Pope Riparian Corridor which may be required
under any federal, state or local law, rule, statute or ordinance, including
specifically but not limited to the Coastal Area Management Act of 1'974 and the
regulations promulgated thereunder. The agreements contained in this
instrument shall not permit Pope to extend or expand the Pope Pier and Boat Lift
in or into the Townsend Riparian Corridor. Townsend agrees to execute and
deliver to Pope any document or instrument which may be required by any
federal, state or local government or agency to confirm and memorialize
Townsend's waiver of any set -back requirement herein described.
5. Townsend Waiver as to the Repair and Replacement of the Encroachine
Piling,: Townsend waives any and all objection to, and hereby consents to,
the repair and replacement by Pope of the Encroaching Pilings within the
Townsend Riparian Corridor, and further waives any and all set -back
requirements pertaining to the repair and replacement of the Encroaching Pilings
which may be required under any federal, state or local law, Wile, statute or
ordinance, including specifically but not limited to the Coastal Area Management
4
RECEIVED
AUG 1 4 �Z019
DCM WILMINGTON, NC

IIIIII I IIII �IIIIIIII, I IIII IIIIIII �6 P00n,; 6 0►6,>4
Pander County, eylster of Deeds Paps S of 9
II01014111IInI�I1111[oil 05% PH7?,;; 5.
ender ounly, eplstar of Deeds
Pape a of t
Act of 1974 and the regulations promulgated thereunder. The agreements
contained in this instrument shall not permit Pope to extend or expand the
Encroaching Pilings in or into the Townsend Riparian Corridor. Townsend
agrees to execute and deliver to Pope any document or instrument which may be
required by any federal, state or local government or agency to confirm and
memorialize Townsend's waiver of any set -back requirement herein described
6. Pope Waiver as to Townsend CAMA Set -Back: Subject to the
provisions of paragraph 7 below, Pope waives any and all set -back requirements
pertaining to the constriction, and the repair, replacement, modification,
improvement or upgrade thereafter, by Townsend of piers and pilings within the
Townsend Riparian Corridor but outside the Townsend Set -Back Area which
serve the Townsend Property, as may be required under any federal, state or local
law, rule, statute or ordinance, including specifically but not limited to the Coastal
Area Management Ad of 1974 and the regulations promulgated thereunder,
provided that such improvements by Townsend do not interfere with Pope's use
of the Pope Pier and Boat Lift and the Encroaching Pilings as agreed in
paragraphs 2 and 3 above. Pope agrees to execute and deliver to Townsend any
document or instrument which may be required by any federal, state or local
government or agency to confirm and memorialize Pope's waiver of any set -back
requirement herein described.
7. Townsend Five (5) Foot Set -Back: Notwithstanding anything to the
contrary herein, Pope and Townsend agree that no improvements of any nature
whatsoever shall be erected, constructed or located by Townsend within the
Townsend Set -Back Area.
8. Mutual Cooperation: Townsend and Pope agree to execute in favor of the
other such documents or instruments which may be reasonably requested, each by
5
(RECEIVED
AUG 1 4.".019
DCM WILMINGTON, NC

IIIIIIIIIIIIIIIIIII(IIIlIIIIIIIIIIII23-2014
P"er county, C eglster of Deeds page 6 of 9
II1L111!11II�NIIII II��Igllllll 1el;, ze:- S. ON
County. plater of Deeds pegs 7 of 16
the other, to effectuate or implement the agreements herein stated. Townsend
further agrees that all provisions herein pertaining to the Pope Pier and Boat Lift
located within the Pope Riparian Corridor shall apply to any and all repairs,
replacements, modifications, extensions, improvements or upgrades thereto.
This instrument shall be binding upon and inure to the benefit of Pope and Townsend and
their respective heirs, successors and/or assigns, as the case may be. This instrument and the
covenants and agreements herein shall run with and be appurtenant to the Townsend Property and
the Pope Property, respectively.
IN TESTIMONY WHEREOF, the parties hereto execute this instrument in such form as to
be binding, this the day and year first above written.
[SIGNATURE PAGES ATTACHED]
6
RECEIVED
AUG 14zM
DCM WILMINGTON, NC

QLIJI[IIIIIIIIIIIIIIlIIIIIIIIiilill �?M?9�°�►�6.W4
County, NC Register of Deeds paps 7 of 9
I�Ilder llll�lllllliilllli1lllll1illllf 4 ts;; oift;,--
CA ROLINA
n COUNTY
I, the undersigned Notary Public of the County of �, State of North Carolina,
certify that THOMAS TOWNSE'ND personally appeared before me this day and acknowledged
the due execution of the foregoing instrument for the' Pj uurposes therein expressed.
WITNESS my hand and notarial seal, this day of 201q.
NOTARY PUBLIC
NOTARY SEAUSTAMP MUST
APPEAR LEGIBLY IN BOX
TO THE RIGHT
RECEIVED
AUG 1 4 2019
DCM WILMINGTON, NC

II�Iughb
IIilIIIIIIIty, "CII�0918te o ,064
moo of g
IIeIIIer ouIIy. IINIII�I�IIIINIII ,;;�-1B��P
Page g of
(SEAL)09
END
I�}S�Tf� CA�tOLWA
�jlf� COUNTY
I, the. undersigned Notary Public of the County of e. State of North Carolina,
certify ffiat FRANCtS TOWNSEND personally appeared before me this day and aclmowledgod
the due execution of the foregoing instrument for the purposes therein expressed.
WITNESS my hand and notarial seal, this LtHl day ofJkkdik� 201
QG�
kY PUBLIC ..
NOTARY SEAIJSTAMP MUST
APPEAR LEGIBLY IN BOX
TO THE RIGHT
(RECEIVED
AUG 14 :Unjg
DCM WILMINGTON, NC

Il�lhl llll County, IIII N�III� Ilil III er of De 4eds p?ge 9 of � 9
4"Ag"AL)
WILLIAM B O
II�IIII [11@11 IIIIIIII�INy. �11111lIer , 4450 ads Lear ge 07-31-2014 t b�OP
NO TH CAROLINA
COUNTY
I, the undersigned Notary Public of the County of (AY911 , State of North Carolina,
certify that WILLIAM B. POPE personally appeared before me this day and acknowledged the
due execution of the foregoing instrument for the purposes therein expressed.
WITNESS my hand and notarial seal, this 46' day of QA44GI.S, 2013.
My Commission Expires:
NOTARY SEAUSTAMP MUST
APPEAR LEGIBLY IN BOX
TO THE RIGHT
i OTAq� 4
a1
A
7 001,10 Ci
`�••••'••M•N•
�'/�' oUN�..
RECEIVED
AUG 1 4 T19
DCM WILMINGTON, NC

40
NORTH CAROUNA
February 3, 2020
Pollock and Pollock, P.A.
c/o Mr. Harold Pollock
105 East Fremont Street
Burgaw, NC 28425
Dear Mr. Pollock:
ROY COOPER
.ove no,.
MICHAEL S. REGAN
4%:r.,,,r,'
BRAXTON DAVIS
;)nrctnr
This letter is in response to your correspondence, which was received by the N.C. Division of
Coastal Management on August 14, 2019, regarding your concerns about the proposed
development by William Pope, at property located at 422 N. Anderson Boulevard, adjacent to
the Banks Channel, in Topsail Beach, NC. The project consists of the installation of a private
docking facility. Based on consistency with the Rule requirements outlined in 15A NCAC 07H
.1200 GENERAL PERMIT FOR CONSTR UCTION OF PIER AND DOCKING FACILITIES: IN
ESTUARINE AND P UBLIC TR UST WATERS AND OCEAN HAZARD AREAS, a permit has been
issued to authorize the development. I have enclosed a copy of the permit, as well as the relevant
statutes.
If you wish to contest our decision to issue this permit, you may file a request for a Third Parry
Appeal. The Chairman of the Coastal Resources Commission will consider each case and
determine whether to grant your request to file for a Contested Case Hearing. The hearing
request must be filed with the Director, Division of Coastal Management, in writing axid must be
received within twenty (20) days of the permit decision. I have enclosed the applicable forms
and instructions that must be filed prior to that deadline. Please contact me at 910-796-7221, if
you have any questions, or if I can provide any additional information.
Respectfully yours,
Jason Dail
Field Representative
N.C. Division of Coastal Management
127 Cardinal Dr. Extension, Wilmington, N.C. 28405
Cc: WiRO files
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
919 796 7215

To I NOTES:
°9 a` 1. BOUNDARY INFORMATION WAS TAKEN FROM SURVEY MAP FOR PENDER COUNTY CLERK
SITE �y OF COURT; by THE CLARK GROUP, SURVEYING DIVISION; dated JUNE 6, 2013 and
recorded JULY 23. 2014, DRAWING No. 10609-PLAT.dwg
l't
N
v�o W E
ro
IOPSML
VICINITY MAP
442 N. ANDERSON SLYD.
LINE LEGEND
2. THE SOURCE OF TITLE OF THIS PROPERTY IS DEED BOOK 4446 PAGE 052 AND MAP
BOOK 56, PAGES 106 & 107 AT THE PENDER COUNTY REGISTER OF DEEDS OFFICE,
NORTH CAROLINA.
1 REC91VED
BOUNDARY LINES
CENTERLINE ROAD
- - RIGHT-OF-WAY
SETBACK LINES
OVERHEAD ELECTRIC
— — — — — — LINES NOT SURVEYED
— — — — APPROXIMATE SHORE LINE
LEGEND
ECM
EXISTING CONCRETE MONUMENT
NMP
NON-MONUMENTED POINT
MP 0
EXISTING MOORING POLE
WM
WATER METER
SW
SEWER VALVE
CO
CLEAN OUT
CTV
CABLE TV PEDASTAL
TEL
TELEPHONE PEDESTAL
ELC
ELECTRICAL BOX
HYD
FIRE HYDRANT
MHW
MEAN HIGH WALERLINE
MLW
MEAN LOW WATERLINE
N/F
MONA FAYE BLACK JONES
DB 4674 PG 2162
PB 62 PG 29
4223-25-2875-0000
0.57'
�Mp
18.38'
1.18'
MP
1.79'
I MP
2.41,
-aIkP
rn
z X
�m >I
n� D
oz
C D
zO� Lnn
-<T`DA
m-4;�
�a'f,a
cn°'vm
XDzO
Om z�
n vl
orn >
m
Ln I
APPROXIMATE '
MEAN HIGH I
WATERLINE
(MHW)
SHORELINE I
N M P,6'-
I, JOSEPH T. CHANCE, PLS L-3666, CERTIFY THAT THIS PLAT
WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY,
MADE UNDERMY SUPERVISION (DEED DESCRIPTION RECORDED IN
BOOK��,AGE 52); THAT BOUNDARIES NOT SURVEYED ARE
CLEARLY INDICATED AS DRAWN FROM THE INFORMATION FOUND
IN BOOK ^ PAGE �THAT THE RATIO OF PRECISION AS
nEDAY
IS 1:10,000+; THAT THIS PLAT WAS PREPARED IN
E WITH G.S. 47-30 AS AMENDED. WITNESS MY
GNATURE„f2Elu--3j�NUM 2019D SEAL THIS
OF �JCj�J�3
LAND
ECM I
OCT 1 3 2019
DCM WILMINGTON, NC
TOPS41- SOLMD
GE OF I MARSH
(MLW)
EXISTING
BOATLIFT 1 4.24'
PILES
INSIDE I
POPE
RIPARIAN MP
4.46'
20.40 MP �-
0.86'
EX. 10.15'
BOAT 4.69'
LIFT
I MP
rn
x
EXISTING I MP
z BOATLIFT v
PILES z
o INSIDE Lo
0 POPE x M D
vrn RIPARIAN C.) o A
z AREA I� m D z
z000
rn < x D 0
memo
f� 00)rn0
v (A_ v ;0
EDGE OF I D z o
MARSH m m z
(MLW) v
vrn �
m .<
rn
NuplC
I
Z �u
W I
co"5.91'
o1
O I
(TIE LINE)
�— N57-33'18"E — 50.00'
N /F'
WILLIAM B. POPE 5
DB 4446 PG 052 I
MB 42 PG 98
4223-25-3789— 0000 I
z ' -�.
CA
N I
10' WIDE
�I
PRIVATE
ACCESS
N
EASEMENT
I
AREA
(NOT A
PUBLIC
I
ROAD)
I
�
COO
I
W
0
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v 0
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0
,��,� AC �,,, EXISTING PIER LOCATION SURVEY
,•� p'••,,� 442 NORTH ANDERSON BOULEVARD
C� .';.tESsi�•.Ci_._ TAX PAP( 171 NIn 499.'�-9)-1799—nnnn

� x1e, N N�ts'
I VICINITY MAP I
"2 N. ANDERSON BLVD.
LINE LEGEND
LEGEND
NOTES:
1. BOUNDARY INFORMATION WAS TAKEN FROM SURVEY MAP FOR PENDER COUNTY CLERK
OF COURT; by THE CLARK GROUP, SURVEYING DIVISION; dated JUNE 6, 2013 and
recorded JULY 23, 2014, DRAWING No. 10609-PLAT.dwg
2. THE SOURCE OF TITLE OF THIS PROPERTY IS DEED BOOK 4446 PAGE 052 AND MAP
BOOK 56, PAGES 106 & 107 AT THE PENDER COUNTY REGISTER OF DEEDS OFFICE,
NORTH CAROLINA.
EXISTING MOORING
POLES TO BE
MOVED TO 0.86'
INSIDE POPE
RIPARIAN
AREA LINE
BOUNDARY LINES
CENTERLINE ROAD
RIGHT-OF-WAY
SETBACK LINES
OVERHEAD ELECTRIC
LINES NOT SURVEYED
SHORE LINE
ECM
EXISTING CONCRETE MONUMENT
NMP
NON-MONUMENTED POINT
MP O
EXISTING MOORING POLE
WM
WATER METER
SW
SEWER VALVE
CO
CLEAN OUT
CTV
CABLE TV PEDASTAL
TEL
TELEPHONE PEDESTAL
ELC
ELECTRICAL BOX
HYD
FIRE HYDRANT
MHW
MEAN HIGH WALERLINE
MLW
MEAN LOW WATERLINE
•
NEW BOAT LIFT PILES
N/F
MONA FAYE BLACK JONES
DB 4674 PG 2162
PB 62 PG 29
4223-25-2875-0000
REC�IVED
OCTr3 2019
TOIPS.4L 5'OUMMCM WILTINGTON, NC
IIMP
0.86' �� 13.88' �,r� 20.40' rT� 14.00' �, I ` 0.86'
MP
I
L
I
Io
?
4.69'
I10
PROP
MP
`EXISTING
L_
BOAT
MOORING
_
MP F
—
LIFT
POLES TO
I
I
SLIP
REMAIN
I
I
_ 4.91' IN THE
SAME
LOCATION
0.86'
z
MP i
i rn
PROPOSED z X
X
rm v -a
I
I BOAT LIFT
m v
� rn D(
I
PILES TO
I
X m >
0 o D
vmDz
I
C
BE 0.86'
I INSIDE
c� v y -1
IoODz
z0ing
< A O
co
Q4 I
O
o
POPE
I RIPARIAN
zocn0
v
D
mml
pI
rrrl
I AREA LINE o
C)A v
m 0
I
v
rm0
I
vA
X
OF MARSH I*
z
I
cn°'vm
I ^� z 0°
D Z p
m z
EDGE
(ML1►J) I
a
n EDGE OF MARSH
o rn z
o
-rl v
I
m
I (MLW) IT'v D
m
NMp1(nn
APPROXIMATE
MEAN HIGH I
WATERLINE
(MHW)
SHORELINE I
NMPl(
I, JOSEPH T. CHANCE, PLS L-3666, CERTIFY THAT THIS PLAT
WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY,
MADE UND R MY SUPERVISION (DEED DESCRIPTION RECORDED IN
BOOK4f PAGE 15SZ); THAT BOUNDARIES NOT SURVEYED ARE
CLEARLY INDICATED AS DRAWN FROM THE INFORMATION FOUND
IN BOOK N PAGE _^_�,' THAT THE RATIO OF PRECISION AS
CALCU IS 1:10,000+; THAT THIS PLAT WAS PREPARED IN
A RDAN WITH G.S. 47-30 AS AMENDED. WITNESS MY
IGI�tt�PQ�L S NATURE, REG STRA NU AND SEAL THIS
E/1 15 DAY OF
(TIE LINE)
N57'33=18"E _50.00'
N/F _ 15'
WILLIAM B. POPE I
DB 4446 PG 052
MB 42 PG 98
4223-25-3789-0000
z
I
-�• •\
N
10' WIDE
v
PRIVATE
ACCESS
N
EASEMENT
IAREA
(NOT A
PUBLIC
I
ROAD)
I �
W W x
� N�O�ip
c� l o
iECM J�°0r�
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O
o
PROPOSED PIER PLAN
"Itk CA/Q'',•,442 NORTH ANDERSON BOULEVARD
.'n` . !:.'...:-.0.1%.. TAV DAD('CI KID, Ai'i�_997i_-�7RQ-nnnn

ro NOTES
pTM` 1. BOUNDARY INFORMATION WAS TAKEN FROM SURVEY MAP FOR PENDER COUNTY CLERK
SITE OF COURT; by THE CLARK GROUP, SURVEYING DIVISION; dated JUNE 6, 2013 and
ti recorded JULY 23, 2014, DRAWING No. 10609-PLAT.dwg
2. THE SOURCE OF TITLE OF THIS PROPERTY IS DEED BOOK 4446 PAGE 052 AND MAP
BOOK 56, PAGES 106-107 AT THE PENDER COUNTY REGISTER OF DEEDS OFFICE, NORTH
G CAROI_INA.
N
W E
ro P
MPSAIL VICINITY MAP
442 N. ANDERSON SWD
LINE LEGEND
LEGEND
MP 18.38'
0.86' --1 13.8�
1 1.18,
EXISTING MOORING
POLES TO BE I MP
MOVED TO 0.86'
INSIDE POPE 1 79,
RIPARIAN 0-1
AREA
BOUNDARY LINES
CENTERLINE ROAD
RIGHT-OF-WAY
SETBACK LINES
OVERHEAD ELECTRIC
LINES NOT SURVEYED
SHORE LINE
ECM
EXISTING CONCRETE MONUMENT
NMP
NON-MONUMENTED POINT
MP O
EXISTING MOORING POLE
WM
WATER METER
SW
SEWER VALVE
CO
CLEAN OUT
CTV
CABLE TV PEDASTAL
TEL
TELEPHONE PEDESTAL
ELC
ELECTRICAL BOX
HYD
FIRE HYDRANT
MHW
MEAN HIGH WALERLINE
MLW
MEAN LOW WATERLINE
NEW BOAT LIFT PILES
N /F
MONA FAYE BLACK JONES
DB 4674 PG 2162
PB 62 PG 29
4223-25-2875-0000
MP
IMP
m
z
mo
m m ; I
~ 000
z
cM
z0(n0
<T`D0
Gm)�m0m
in. o ;u
m y Z o EDGE OF
0 m z
00) ;I
m
m I
APPROXIMATE
MEAN HIGH I
WATERLINE
(MHW)
SHORELINE
NMP,6�
I, JOSEPH T. CHANCE, PLS L-3666, CERTIFY THAT THIS PLAT
WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY,
MADE��U DD MY SUPERVISION (DEED DESCRIPTION RECORDED IN
BOOK73��7 PAGE '%Z); THAT BOUNDARIES NOT SURVEYED ARE
CLEARLY INDICATED AS DRAWN FROM THE INFORMATION FOUND
IN BOOK , PAGE nf= THAT THE RATIO OF PRECISION AS
CALCULATED IS 1:10,000+; THAT THIS PLAT WAS PREPARED IN
ACCOROVIG9 WITH G.S. 47-30 AS AMENDED. WITNESS MY
rE
GINA SI NATURE, EGIS_TR ON NUtAW AND SEAL THIS
AY OF In /2019.
/ z
/ C4
(A
N O 1
O N TI
O
ECM :
RECEIVED
OCT t 3 2019
DCM WILMLTON, NC
TOIPSAAL. SOLM I
20.40'
L V
�0 0
10 N
L—
v1
of
(n
o�
m�
o
o �I
MARSH
(MLW)
w
�0
,0
(TIE LINE)
N 57'33=18"E
20.40'
EX. -
BOAT
LIFT
5.91
14.00' � 0.86'
4.46'
MP
10.15' �0.86'
I 4.69'
1 EXISTING
PROP MP MOORING
BOAT I
POLES TO
O LIFT
REMAIN
SLIP
IN THE
�4.91'
SAME
MP
LOCATION
PROPOSED
I 0.86'
-o
z
BOAT LIFT
m o
PILES TO
� m >
BE 0.86'
00 y
�I
INSIDE
I o ao z
POPE
Z0(n0
�
RIPARIAN
AREA LINE
>
I m � -
q? m 0
V1- 0 �
EDGE OF
I m -o z �
MARSH I
O m z
N (MLW)
I rn
�
0
m
cc) m
_NMP
_
O
z10'
NI
WIDE
�I
PRIVATE
rnI
ACCESS
r
N
EASEMENT
I
AREA
(NOT A
o
PUBLIC
ROAD)
D
WmWp_50.0co
t5'
r\cy-V-u-n
000
G)v OO
L4o�O
0
N /F
WILLIAM B. POPE
DB 4446 PG 052
MB 42 PG 98
4223-25-3789-0000
EXISTING PIER LOCATION SURVEY &PROPOSED PIER PLAN
,;''� ,.--•-. /,jr'•• 442 NORTH ANDERSON BOULEVARD

TO
i
m NOTES:
1. BOUNDARY INFORMATION WAS TAKEN FROM SURVEY MAP FOR PENDER COUNTY CLERK
` OF COURT; by THE CLARK GROUP, SURVEYING DIVISION; dated JUNE 6, 2013 and
SITE Py recorded JULY 23, 2014, DRAWING No. 10609—PLAT.dwg
yeN
W E
P
s
I VICINITY MAP I
uz n. ANCERSCN 2LVG.
LINE LEGEND
2. THE SOURCE OF TITLE OF THIS PROPERTY IS DEED BOOK 4446 PAGE 052 AND MAP
BOOK 56, PAGES 106 & 107 AT THE PENDER COUNTY REGISTER OF DEEDS OFFICE,
NORTH CAROLINA. RECEIVED
N I
OCT 2 12019
DCM WILM1+01N, NC
F
S I TOPSAIL SOUND I
BOUNDARY LINES
— CENTERLINE ROAD
— — RIGHT—OF—WAY
SETBACK LINES
OVERHEAD ELECTRIC
— — — — — — LINES NOT SURVEYED
— — — — APPROXIMATE SHORE LINE
ROOM,
ECM
EXISTING CONCRETE MONUMENT
NMP
NON—MONUMENTED POINT
MP O
EXISTING MOORING POLE
WM
WATER METER
SW
SEWER VALVE
CO
CLEAN OUT
CTV
CABLE TV PEDASTAL
TEL
TELEPHONE PEDESTAL
ELC
ELECTRICAL BOX
HYD
FIRE HYDRANT
MHW
MEAN HIGH WATERLINE
MLW
MEAN LOW WATERLINE
N /F
MONA FAYE BLACK JONES
DB 4674 PG 2162
PB 62 PG 29
4223-25-2875-0000
I
EXISTING
0.57' BOATLIFT4'
PILES
INSIDE I
MP POPE
RIPARIAN MP
18.38' AREA
1.18' 4.46'
I MP 20.40' MP 0.86'
EX. 10.15'
1 79' v BOAT r4.69'
r N LIFT
I MP I MP
4.91'
,y2.41'
rl)
x
I MP Cl) EXISTING ( MP
n z BOATLIFT
z O PILES z M
o INSIDE
�
o D I p POPE M m >
o o RIPARIAN n o y
po m z I o z AREA Icc: a)z
Im�m0
Cq -NmOI g4mo
Z D z o EDGE OF MARSH EDGE OF I� v z Wo
o m z (MLW) MARSH O m z
o (MLW) -.1 D
0 0)i m UT zl
m m
IHkAPI o
APPROXIMATE
MEAN HIGH I
WATERUNE
(MHW) /'
SHORELINE
I, JOSEPH T. CHANCE, PLS L-3666, CERTIFY THAT THIS PLAT
WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY ,
MADE UNDEgg MY SUPERVISION (DEED DESCRIPTION RECORDED IN
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AC RDA CE WITH G.S. 47-30 AS AMENDED. WITNESS MY
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2. THE SOURCE OF TITLE OF THIS PROPERTY IS DEED BOOK 4446 PAGE 052 AND MAP
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NORTH CAROLINA.
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qr; 1. BOUNDARY INFORMATION WAS TAKEN FROM SURVEY MAP FOR PENDER COUNTY CLERK
OF COURT; by THE CLARK GROUP, SURVEYING DIVISION; dated JUNE 61 2013 and
SITE recorded JULY 23, 2014, DRAWING No. 10609-PLAT.dwg
2. THE SOURCE OF TITLE OF THIS PROPERTY IS DEED BOOK 4446 PAGE 052 AND MAP
BOOK 56, PAGES 106-107 AT THE PENDER COUNTY REGISTER OF DEEDS OFFICE, NORTH
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