53135D - Whitford

CAMA / '' DREDGE & FILL i.``= - eI3
IENERAL PERMIT Previous permit# 5 13� C
New ❑Modification 'f Complete Reissue El Partial Reissue Date previous permit issued RI
zed by the State of North Carolina, Department of Environment and Natural Resources (GO
pasta)Resources Commission in an area of environmental concern pursuant to I 5A NCAC
1' ules attached.
Name \I(k Nh,1+r 4 Project Location: County I1(t,A) -�-�'7,t j, lC V(✓
53i) VV fk\r V11(� 1 M. Street Address/State Road/Lot#(s)
i� hisv111i? t3�G<1, State �3
ZIP e����o u and War(�3a ►c l t
(1)0) L'1 -(,p(o i o Fax#( ) Subdivision IJ A
:d Agent M I (1NN(h f I (,C v a✓d Cityi,JVl[7 k v1 1ll.? F,..erv11 ZIP astl /.
El CW LI EW -1 PTA XES l PTS Phone# ID) L !M)-19Lot p River Basin(4Oe F
❑OEA ❑HHF ❑IH ❑UBA ❑N/A Body BkV1VS ChavirieI (Adj.Wtr. J'rt na‹n
❑ PWS: ❑FC:•es /(no` PNA yes /,.ono ' Crit.Hab. yes /no > Closest Maj.Wtr. Body �(-1Kif k1 VI I I ,, �vYY
Project/Activity a TYL'L l(5--/1 el- oQW JUII!YI(a(d avldfry( 1-
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distance offshore a' T-_ j I
:distance offshore Q J
rnnel . Q lk I 4V0104.0vv
c y ards : , , r rv_____,) i.i at_f_ _, ,
P — t
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*-1j' 313:Ia-1117 , •
I,
rt, goo y I
1 Length
not sure yes no I i 1
not sure yes no
im: n/a yes no
yes no , j 1
ttached: yes no I . I I
g permit may be requir j biy: t 1 j�A1� k I i y� 1See note on back regarding River Basin nil
ioecial Conditions .11 I i t T �'. I ()1) )111 . .V l I I vim/I/ (1,h, 11 (I i1( i 71

•
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross Jr., Secretary
FAX COVER SHEET
Date: / 2S/04 No. Of Pages: (excluding cover)
To: 4i e.orta rit From:
CO: CO: Division of Coastal Management
FAX# 4-qq 0 y FAX#: [phone]
REMARKS: PLeacre 0)1,1 c,Y1d Nrt 41J V n y
—Thanxr
127 Cardinal Drive Extension,Wilmington,N.C.28405-3845 Telephone[phone] Fax[phone]
An Equal Opportunity Affirmative Action Employer

iCAMA
No c
/ ( R
DREDGE & FILL EC''ENE
GENERAL PERMIT evious permit#
New ❑Modification ❑Complete Reissue ❑Partial Reissue 2 4 7nr Date previous permit issued
iorized by the State of North Carolina, Department of Environme a b Natural Resources �l� , //DD
Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC
�� ❑Rules attached.ant.Name 1 jci( W/4 1-6 "' Project Location: County Nit..) (�tr..1Am
;s _Slit_ 1,' e1 RJAW, Street Address/State Road/Lot#(s)
Wi
( a)
- ti i- �P,6/d Fax#1/11& _J (fie State Ric ZIP '2g� a .5?D 2 S�� Wa /e. /'/i/
lit)) e ,t C I Subdivision �-
9
-ized Agent ► Mvit / ee,/'0 —_-- City ,.. .4,.4.te ZIP S
44
cw E EW PTA [ems ❑PTS Phone# ( ) -i River Basin C-e2/4
d OEA OHHF O IH OUBA ❑N/A /�
): Adj.Wtr. Body (2lT't/ s el.. — (nat
i PWS: ❑FC:
Closest Maj.Wtr. Body �f'«'v//e 5e-eol
yes (9 PNA yes /0 o• Crit.Hab. yes / no f
of Prect/Activity ( 'rD,-,3--/'ul�/t.l",� / 4' /is, U/.i/iXep. /1-`1 /Ji-t..i v
ff' i � Sf/h, �/L,o7// j' elCl a-i ere/ Gf�!/'4h . (Scale: /
;dock)length
—L-I ! 1 .___ --1-Be7441°
r pier(s) I
t i r L'dHjlre/l 4 '-pv
,length
i ��
lead/Riprap length OZ46 / i I ! �N.'/, I l - l------
avg distance offshore
o - tT, i - __. P =. ' 9.orb
max distance offshore �' -_ I • j j ' r^ i I ' ' !I ,70"Y
,channel I j 1 5 y ! r
- - -- -
—r-T-�-- }I-
cubic yards � .�� i 3 I ��I ramp i __ ( 9: —
souse/Boatlift 4p41P,/44 "14 /
I
-Th. _[
h Bulldozing ___.E__ _.J__ i I ... __IL
III . i
i t i ���
dine length 2 i i
not sure yes I i ! ; �� 1 I I
bags: not sure yes i —- I ---- -1.---1--- —I r
itorium: n/a yes F I I 4 f-'- _ ! _ {
r—Rt
os. Yes ! j
I I _
erAttached:- yes i — --{ j i i i 1 ( i { 1 —
er / / +/ Np 24 OC$
ilding permit may be required by: 4,1 //7 d( GY/'/j/7�'y/�4 /3 . n See note on back regar�ing River Basi

J CAMA/ Li DREDGE & FILL
7$1EfilERAL PERMIT Previous permit#
New ❑Modification ❑Complete Reissue El Partial Reissue Date previous permit issued
rized by the State of North Carolina,Department of Environment and Natural Resources �l� ' //Qd
-oastal Resources Commission in an area of environmental concern pursuant to I SA NCAC
+ / y� ❑Rules attached."
t Name I/tC Will'` ` PIS[ Project Location: County NC-c.✓ f'Ytypf!//
S,31j War/r,/ �f d. Street Address/State Road/Lot#(s)
r/ h/SV.!(t ✓✓Ro State Ale ZIP 2gh/S 534'' Si.12 11/44 j1i,4- /
f(///)) We, /U Fax#(yip) 20.o6O I Subdivision
:ed Agent Y`if+d-rie / eten114, City e ZIP .sly
❑CW ❑EW ❑PTA [-ES ❑PTS Phone# ( ) i River Basin Ce7/04
I
❑OEA ❑HHF ❑IH ❑UBA ❑N/A Adj.Wtr. Body Bl1 hkS C l i ,..... (nat d
❑ PWS: ❑FC:
yes ( no` PNA yes / Crit.Hab. yes / no Closest Maj.Wtr. Body �/'""rrs-//ems iei/d
f Project/Activity /7 ,--) a/'0- ` /%.1l /cy' h.041. 4
7 f Par/S///, i'v. // r G'dj-i</f le C/&'ah . (Scale: / ��
Kk)length
n(s)
1 ' i c • _.. 1 -
48,,,,:y]el:v.7f
C4
>ier(s) I
:ngih f L�x/g/
imber '7l /'/Ia/e.,'
rd/Riprap length A1-6 P +1 ( ��
�' 1 TS .
g distance offshore '�
ax distance offshore f� "
hannel / ~`/
eeodvs"
ibis yards ��_ /1/ J' .} ±
nip
ise/Boatlift i "1 ! I i v
M
Bulldozing 4Q
I- 1
6,�.. V
iSGG Jcj�r/
re Length 2 C/) r/Lv//`f _Fr
' `' ,J,
not sure yes no t_ - /.,%/
;s: not sure yes no [ I / /��
rium: n/a yes no 44;/i/�/f •air
yes no _
Attached: yes no I
ing permit may be required by: /f/L1//7 j f GY/1ifA/3".,a /...V n See note on back regarding River Basin r

•
FOR SECURITY PURPOSES,THE BORDER OF THIS DOCUMENT CONTAINS MICROPRINTING
INA MARINE CONSTRUCTION,INC. 66-7172/2531 3763
Ph:910-793-4143 -
500-E South College Road PMB 326
Wilmington,NC 28412 DATE 7 PY )a r/
!' o
Itie.:)i at, ,g
o
l - a
DoLraxs
OPERATIVE BANK 0
WnIL MINGTON,NNJG j p,i e
AUTHORIZED SIGNATURE %
00
�zo 3�� CoP53��
'0D37631Ia 1: 253L7L7281: L990002LL7116

1 : ,RICK WHITFORD LI-IITFORD PROPER FAX NO. : 9102540601 Jul. 24 2008 08:49AM P2
:Tf,.L,27.1-P.,7,1-P .1.::.` . F--tar.: T tc -'c 1 a
..�...`.,,___
NCbENR - -
North Carolira Cepar?rrrent of Environrnerl and Na!ural Res:ur;es
Division of Coastal Management
Vitae F E3sicy,uovarncr ,lamos H.Grcgsoa,Oirocicr William t;.Rzs,5 Jr. %aei n
Authorized Agent Consent Agreement
1Pe4 / Coolevs ` ° ;s hereby authorized to act On my behalf
(Panted Nina of Von()
in order to obtain any CAMA permits) repaired gar the property listEC below, The authorilation is 'Imbibed to bra
spe:ifit octivit}eS described in the attecrled Sketch.
LOCATION OF PROJECT:
' E::=, ''.' ;'"- rR MAILING AI DRESS: .
, 1 i it IA},,-. '1 . jrt/1JI7Tc, R.0
Po- 4ek V757
J/cM 7rV....? NC 7841a3 PHCN NC. 5/07. 2 2--/°77
AUTHORIZED AGENT MAIL ING ACDRESS:
Cr 5e fa4i% ,,/
r
-.4.."41:L PHONE,NO. .4p 7f - sift,
;T,:p et :0 or Property©wr v: 1 i 141- " —
770
Sitnature cf Authorized Agent:,.,,, ,,. 4 .,:fro.e,,,o'''''' .
_001&;###°1'
Da:a. ..,._, ?1,

BANKS CHANNEL
FLOOD CP T .
EBB
aaci,„,
CONC PIER
\6 ;b ;b ." ,5 `b
$ L-W..0.0
FLIER CLOTS SILT FEN (ALL AROUND)
STEPS AND LW- 0 CCNC rIEPS AND FILL
;Mg BE MIMEO)DLL 00 I IMED)
�_ ___ —�`_
x ' GI GONG ON CONC. I off`\
9 r
(10IIEeE MVO (NI BE Mon) � �) (TO BE ‘
-, ( iQ
- ----- ------
...
,a.-r,,:��.;,as....._..._ ,�..�..•.,i,..,,,,... . ._.._.._._.......amag...._.X.o-�- - - .....,..�..�..,•..,. �..;.,,.�,..`any-
/ " NOTE: '
REPLACEMENT WATER SIDE WALL TO BE LOCATED IN POSITION
MOST OPTIMAL FOR SUPPORT ACCORDING TO CONDITIONS
+i / REVEALED BY EXCAVATION TO TAKE ADVANTAGE OF EXISTING ;z
i 3 / CONCRETE BEAMS. ' iw
I ^_ 5
EXISTING RETAINING WALL TO BE REPLACED
/ (SOUTH SIDE) + (NORTH SIDE)
/
°; x 00
j / GRASS GRASS C^ 1V A
Ex
s1' / SSH+4.0
z /
xb° / FOUNRTAN
CONC SIB /
/
GRASS f
:ate -e
i
x
ROOD FDJCE 1 FACE Of SALE 0
9 •
6 :a
xo°+ GRASS Y oK' 00 l4a
__— __ 3 M CONCRETE CUF . . — cRAss Yady •
00__ _ _F
WAYNICK BOULEVARD __—
(6CYR/W)
PA F£D

72.8' �_ EXISTING RAIL /� J
OM WATERSIDE FACE OF WALL)
__ 4' _, (WORK SPACE + WALL)
MAX.
CONCRETE — ( I
APRON — /I c/I
T. GROUND
V. +10.00
//\ / / .,.
ANCHOR �_:::::::�:`�:'.:::':�..: ': I'.�•..* #4.5s31,„
. MHW....+4
\ ,l::::'::':.'''''''.:'......." ...:.'2r A 9 Air
EXISING STACKED'.'.:' .'':':``r �'✓\// �'''. /\ \ \ NLW=0.0_
CONCRETE BEAMS\/.:::".:::.:':.: :''.':'':'1!;\ :t\ \ :▪?\ \\/\\/\\ \ \ \
STIMATED LOCATION)/':::: ::I::::::::: •,:::',/ i / �s: / EXIST..CONC. ., �/ /
/ �/ ' ' : '::: r'�� : ./ //\//;:��/\AND FILL�
/ :': . �., \\/� \ \OD BE REMOVED\/ j \ \ i\\\/ \
\\ .r./ / .'11/ V//V/ \Sid FENCE\//
EW ACCESS PILES
SAS REQUIRED \ /\ /\/
.'.'. ':`.:r�'/ / •r• '/ v V / EXISTING CONCRETE/
\ / :' '::':.''.' .:: \/. .=/ / \ //\//\//\/ \ \/PIER,PILE�O.REMAIN\//
\\ \\ \\r.:r \ EPPOR \ \\ \\/ \\/\\/ \
\ / WALL SECTION "B"
NOT TO SCALE
NOTE:
REPLACEMENT WATER SIDE WALL TO BE LOCATED IN POSITION
MOST OPTIMAL FOR SUPPORT ACCORDING TO CONDITIONS
REVEALED BY EXCAVATION TAKING ADVANTAGE OF CONCRETE
BEAMS / TIES.
NEW RETAINING BULKHEAD
FACING BANKS CHANNEL
FOR 530 AND 532 WAYNICK BLVD.
BY: RICK WHITFORD
530 WAYNICK BLVD.
WRIGHTSVILLE BEACH, N.C.
NEW HANOVER OUNTY
DRAWN BY: WILLIAM H. WARREN. JR.

WATER
SIDE
{
I
7,---
.0"e?
ro'N 1"-----r
Existing concrete bulkhead slope Existing concrete Existing concrete bulkhead slope
&steps to be removed Pier walkway &steps to be removed
(e2
I
? .
piano as waded to
support g fir
after rmwtl of
Replacement bulkhead amen*
emerge f
_ _ __
_./
r___
'supports for work space&new bulkhead
fe- Mogul-- - - - Meadow at existing e..aae<teaar/wpporb
- - RE
---- - ---- - JINN 2 it 2008-----1
.sxisting brick column supports for fence/handrail l (typ) ',,(T f N, 1 J C
Existing concrete decorative apron
center
Visible concrete base under existing
location brick cohmms/balusters may or may ESTIMATED LOCATION OF
supports
not be location of major cross beams/ NFU/ i T Ri VIM Ail

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RECEIVED
JUN 2 4 2008

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.JUN 2 4 2008

'RICK WHITFORD WHITFORD PROPER FAX NO. : 9102540601 Jun. 23 2008 10:08PM
DIVISION OF COASTAL,MANAGEMENT
ADIACENT RITARIANTRO_PEWIT OWNER NO lIFICATION/W k VERjORM
Name of Individual Applying For Permit: ,C,l: &,10- •
Address of Property: 53 bV ,--,,,3,- &A C L• \
(Lot or Streets,Street or Roadd)dA
L)i,5►'-s�,/i.e. e6td--, .Nc ; )do-iy5o
(City an County)
/
I hereby certify that I own property adjacent to the al qve-refere,ced prope tv. The individt
applying for this permit has described to me as shown on a attach•d drawnns:tic:d welopment tb
are proposing. A description or drawing,with dimensions, shoul• be provdei w.th this letter.
1� I have no objections to this propos• .
If you have objections to what is being proposed, pl .i e write the Division of Coas•
Management 127 Cardinal Drive Extension,Wilms. . on, NC 28405 )r ea#1 910-796-72
within 10 days of receipt of this notice. No res i .
p s, considered the s:men_no objection
you have been notified by Certified Mail,
WAIVER SECTION
I understand that a pier,dock,mooring pilings,breakwater,boat house tit'boat lift must be
bck a minimum distance of 15'from my area of riparian access-unless Wuved by me. (If y
wish to waive the setback,you must Initial the appropriate blank beim;
I do wish to waive the 15'setback requirement.
f/ I do not wish to waive the 15'setback requirement.
--0/2.:WJA-yiy-----4._ _ //?/4y..
•.Sign NameU bate

RICK WHITFORD WHITFORD PROPER FAX NO. : 9102540601 Jun. 23 2008 10:09PM
DIVISION OF COASTAJJ MANAGEMENT
ADIACEV _RIPARIAN1ROPEWTY ow E OTIFICATION/W4ITER.FORM
Ns ne of Individual Applying For Permit: _--
Address of Property: 5 3D J ,'i
• (Lot or Street#,Street or Road)
tiei- Lliv
(City and County)
I hereby certify that I own property adjacent to the above-referenced prole y. The individt
- appl)ing-foribis,permit-has described to me as shown on the-attached drawnni:th ti_welopment Eb
are proposing. A descri on or drawing,with dimensions, should be provdei w.th this letter.
I have no objections to this proposal.
1f you have objections to what is being proposed, please write the Di vision of Cons
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405 ,r call 910-796-72
within 10 days of receipt of this notice. No response is considered the sime as no objectio7
you have been notified by Certified Mail. •
WAIVER SECTION
I understand that a pier,dock,mooring pilings,breakwater,boat house ar boot lift must be
bcic a minimum distance of 15'from my area of,rfparian access-unless tiv1.ive,1 by me. (If:
wish to waive the setback,you must initial the appropriate blank beto
I do wish to waive the 15'setback requirement.
I do got wish to waive the 15'setback requirement.
DECEIVED
6' JUN 2 4 2008
Sim�Nam
^ DCM WILMINGTON,

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
SETTLEMENT AGREEMENT
AND MUTUAL RELEASE OF ALL CLAIMS
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF ALL
CLAIMS (the "Agreement") is made and entered into effective as of the /16k day of
June, 2007, by and between NEWLAND KAY CROCKER and wife, EMMA SUE CROCKER
("Crocker"); PAUL E. GREGORY and wife, MARTHA H. GREGORY ("Gregory");
RODERICK L. WHITFORD and MIRIAM C. B. WHITFORD (the "Whitfords"); and, BURNS
PROPERTIES, LLC, a North Carolina Limited Liability Company ("Burns Properties");
(Crocker,Gregory, the Whitfords,and Burns Properties sometimes hereinafter referred to
collectively as the "Parties");
WITNESSETH:
WHEREAS, Crocker is a citizen and resident of Wrightsville Beach,New
Hanover County, North Carolina;
WHEREAS,Gregory is a citizen and resident of Wrightsville Beach,New
Hanover County, North Carolina;
WHEREAS,the Whitfords are citizens and residents of Wrightsville Beach, New
Hanover County,North Carolina;
WHEREAS, Burns Properties is a limited liability company organized and
existing under the laws of the State of North Carolina with its principal place of business in
Wilmington,New Hanover County,North Carolina;
WHEREAS, the Whitfords and Burns Properties each own two contiguous
abutting "parcels," 530 and 532 Waynick Boulevard on Banks Channel in Wrightsville Beach,
North Carolina (the two parcels referred to in combination as the "Property"), said Property
being located on the east and west sides of Wavnick Boulevard:

WHEREAS, the Peninsula includes a concrete balustrade, fountain, garden area,a
bulkhead[(consisting of a bulkhead that surrounds the north and south edges of the Peninsula
and a bulkhead with concrete steps and concrete slopes at the west edge, the concrete steps and
concrete slopes extending downward to the bottom), the entirety of the described bulkhead called
the "Old Bulkhead"), pier and gazebo. Much of the structures on the Peninsula have
deteriorated, requiring a combination of removal,repair or replacement as appropriate for the
particular deteriorated structure;
WHEREAS, the Whitfords own the northern half of the Peninsula as part of their
ownership of the 530 Waynick Boulevard parcel;
WHEREAS, Burns Properties owns the southern half of the Peninsula as of part
of its ownership of the 532 Waynick Boulevard parcel;
WHEREAS, Crocker owns property immediately north of and adjoining the
Property at 528 Waynick Boulevard;
WHEREAS, Gregory owns property immediately south of and adjoining the
Property at 534 Waynick Boulevard;
WHEREAS,Crocker and Gregory each own boat slips at their respective
properties along Banks Channel;
WHEREAS, in March 2005, the Whitfords applied for a General Permit under the
Coastal Area Management Act ("CAMA") for the construction of a new 238-foot bulkhead to
replace the Old Bulkhead;
WHEREAS, on April 28, 2005, the North Carolina Department of Environment
and Natural Resources("DENR") Division of Coastal Management("DCM") issued to the
Whitfords CAMA General Permit Number 41405 (the "Permit"), subject to certain conditions;
WHEREAS, Crocker and Gregory, as adjacent property owners, have an interest
in the design and location of a replacement of the Old Bulkhead because Crocker and Gregory
contend construction thereof may adversely impact Crocker's and Gregory's shorelines by

DCM's decision to issue the Permit to the Whitfords based, in part, on the question of ownership
of the Peninsula on which the proposed replacement bulkhead will be constructed;
WHEREAS, a dispute arose between Crocker, the Whitfords and DCM regarding
the question of whether OAH could determine ownership of the Peninsula, and Crocker filed a
Complaint for Declaratory Judgment entitled N. Kay Crocker v. N.C. Dept. of Environment&
Natural Resources, et al.,New Hanover County, File No. 06-CVS-2559 (the "Lawsuit") to
determine whether the Whitfords and Burns Properties own the Peninsula;
WHEREAS, the Parties desire to settle all matters between and among them,
including but not limited to all claims asserted by Crocker in the Lawsuit,and all claims that
arise from or are related to the OAH Proceeding;
WHEREAS, in an effort to resolve the dispute among the Parties, the Whitfords
and Burns Properties desire to modify the Permit to provide for a structure replacing the Old
Bulkhead in a manner acceptable to the Parties (the "Replacement Bulkhead");
WHEREAS, the Whitfords also desire to construct, consistent with CAMA and
other applicable government regulations, a floating dock with boat slip arrangement on the
northern half of the Peninsula extending from the western boundary of the Peninsula and
Replacement Bulkhead;
WHEREAS, Burns Properties also desires to construct, consistent with CAMA
and other governmental regulations, a floating dock with boat slip arrangement on the southern
half of the Peninsula extending from the western boundary of the Peninsula and Replacement
Bulkhead, such floating dock with boat slip arrangements described above hereinafter to be
referred to in the singular as a "Boat Dock" and in the plural as the "Boat Docks";
WHEREAS, each Boat Dock shall contain a floating dock with platform no
greater in size than six (6) feet wide by twenty-four (24) feet long and shall not contain a roof,
boat lift, gazebo or any other additional structure; and,
WHEREAS, this Agreement resolves and settles any and all claims and

NOW, THEREFORE, in consideration of the promises and other considerations
described below, the receipt and sufficiency of which are hereby acknowledged, the Parties do
hereby agree as follows:
I. SETTLEMENT- SEQUENCE OF EVENTS.
a. The Whitfords and Burns Properties shall prepare a modified
application for a CAMA General Permit ("Modified Application")providing for a Replacement
Bulkhead to be constructed by a Contractor selected by the Whitfords and Burns Properties (the
"Contractor") in the following manner:
i. replacement of the north and south edges of the Old
Bulkhead by the Contractor;
ii. the concrete steps and concrete slope at the western edge of
the Old Bulkhead will be removed by the Contractor;
iii. upon removal of the said concrete steps and concrete
slopes, the Contractor will determine the location of previously installed cross beams that have
provided structural support for Old Bulkhead to be replaced;
iv. the Contractor will construct the western edge of the
Replacement Bulkhead in the vicinity of the location of the western edge of the to-be-replaced
bulkhead that is landward of the to-be-removed concrete steps and concrete slopes so that the
Replacement Bulkhead will receive structural support from the exposed previously installed
beams that supported the removed Old Bulkhead;
v. the Replacement Bulkhead shall not encroach upon either
Crocker's or Gregory's respective property;
vi. the Whitfords and Burns Properties reserve the right in
their discretion to place the westernmost waterward edge of the bulkhead farther landward, in
their sole discretion;
vii. the gazebo will not be removed; and

b. The Whitfords and Burns Properties shall submit the Modified
Application meeting the elements described in paragraph l.a. (i) through(v) above to Crocker
and Gregory for review and approval prior to submission to DCM,and Crocker and Gregory
shall not unreasonably withhold their approval of the Modified Application.
c. The Whitfords and Burns Properties shall submit the Modified
Application to DCM as endorsed by Crocker and Gregory.
d. Crocker shall then dismiss the OAH Proceeding challenging the
Permit.
e. The Whitfords and Burns Properties shall then surrender the
Permit and/or take actions, or acquiesce in such other actions,required by DCM whereby the
Modified Application may be processed.
f. Crocker and Gregory shall not oppose the Modified Application,
whether in response to the notice to adjacent riparian property owners required by CAMA,or
through other methods.
g. Upon DCM's issuance of a modified CAMA permit, Crocker shall
file a Notice of Dismissal With Prejudice,or similar pleading,and any other pleadings necessary
to terminate forever the Lawsuit. Each party shall bear their own costs, expenses and attorneys'
fees incurred.
h. The Whitfords and Burns Properties shall construct the
Replacement Bulkhead in conformance with the modified CAMA permit.
i. The Whitfords and Burns Properties shall have an as-built survey
prepared showing the completed Replacement Bulkhead and the Peninsula.
j. The Parties shall enter into a Boundary Agreement based on the as-
built survey of the Peninsula and the completed Replacement Bulkhead,such Boundary
Agreement and survey to be recorded in the office of the Register of Deeds of New Hanover
County.

to exclusive fee simple title absolute to the respective portions of the Peninsula and completed
Replacement Bulkhead as shown on survey and covenant and that they do not, and will not
contest the same.
1. Should the Whitfords and Burns Properties submit an application
for a CAMA Permit and/or a permit from any other appropriate governmental agency to develop
the proposed Boat Docks, the Whitfords and Burns Properties shall submit such application(s) to
Crocker and Gregory for review and approval prior to submission to the appropriate agency(ies),
and Crocker and Gregory shall not unreasonably withhold their approval of such application(s)
should the proposed Boat Docks otherwise conform to CAMA and/or other applicable
regulations and laws.
2. RELEASE BY CROCKER AND GREGORY. For and in consideration
of the mutual releases, covenants and agreements contained herein, and other good and valuable
consideration, the receipt and sufficiency of which hereby are acknowledged, Crocker and
Gregory have released, discharged, and by these presents for and on behalf of themselves and
their executors, administrators, personal representatives, heirs, insurers, and assigns, hereby
release, acquit, quitclaim, and discharge the Whitfords and Burns Properties, their respective
heirs, executors, administrators, personal representatives, agents, insurers, and assigns, including
attorneys representing the Whitfords and Burns Properties,whether herein named or referred to
or not, of and from any and all actions, causes of action, claims (including any claims for
attorneys' fees and costs), and demands for damages of any kind, including but not limited to
costs, fines, fees, penalties, taxes, damages, expenses, and compensation costs, which are known
or unknown, including but not limited to those which arise out of or are in any way related or
connected to the Permit, any CAMA Permit resulting from the Modified Application and actions
by the Whitfords and/or Burns Properties that comports with any CAMA Permit resulting from
the Modified Application and any Boat Dock Application, the OAH Proceeding or the Lawsuit,
or which have been asserted or could have been asserted in the OAH Proceeding or the Lawsuit,

known or unknown at the time of the execution of this Agreement, be fully released and that this
release is to be a full, complete, and final release of any and all rights and claims, past,present,
and future. This release, however, shall not operate to release or discharge the Whitfords or
Burns Properties from any of the obligations undertaken in connection with or imposed by this
Agreement.
3. RELEASE BY THE WHITFORDS AND BURNS PROPERTIES. For
and in consideration of the mutual releases, covenants and agreements contained herein, and
other good and valuable consideration, the receipt and sufficiency of which hereby are
acknowledged, the Whitfords and Burns Properties have released, discharged, and by these
presents for and on behalf of themselves and their executors, administrators, personal
representatives,heirs, insurers, and assigns, hereby release, acquit, quitclaim, and discharge
Crocker and Gregory, their respective heirs, executors, administrators,personal representatives,
agents, insurers,and assigns, including attorneys representing Crocker and Gregory,whether
herein named or referred to or not, of and from any and all actions, causes of action, claims
(including any claims for attorneys' fees and costs), and demands for damages of any kind,
including but not limited to costs, fines, fees,penalties, taxes, damages, expenses, and
compensation costs,which are known or unknown, including but not limited to those which arise
out of or are in any way related to the Permit, any CAMA Permit resulting from the Modified
Application, the OAH Proceeding or the Lawsuit, or which have been asserted or could have
been asserted in the OAH Proceeding or the Lawsuit, that the Whitfords and Burns Properties
have,had, or may have against Crocker and Gregory from the beginning of time up to,through,
and including the date this Agreement is executed. It is the intent of the Parties that, subject to
the terms of this Agreement, all such claims,whether known or unknown at the time of the
execution of this Agreement, be fully released and that this release is to be a full, complete, and
final release of any and all rights and claims, past, present, and future. This release, however,
shall not operate to release or discharge Crocker and Gregory from any of the obligations

4. MISCELLANEOUS.
a. The Parties acknowledge and agree that the recitals included in this
Agreement are incorporated by reference and included as part of this Agreement.
b. The Parties agree to execute any other documents necessary to
effectuate fully the terms of this Agreement.
c. This Agreement shall be construed and governed in accordance
with the laws of the State of North Carolina, and any hearing relating to any dispute concerning
the interpretation or performance of this Agreement shall be instituted and prosecuted only in the
courts of New Hanover County, North Carolina.
d. The invalidity or unenforceability of any provision of this
Agreement shall not affect any other provisions hereof, which nevertheless shall continue in full
force and effect.
e. Each of the Parties to this Agreement represents and warrants that
he or it has not sold, assigned, pledged or otherwise transferred any interest in any claims,
threatened claims, demands, actions or causes of action that are the subject of this Agreement.
f. This Agreement is binding upon the Parties and their respective
representatives, successors, and assigns, as applicable.
g. The Parties acknowledge and agree that they have carefully
reviewed the foregoing Agreement, independently and with counsel; that they know and
understand the contents thereof; that they sign the same as their own free act and deed; that they
are authorized to sign such instruments on behalf of themselves or the party they represent; that
this Agreement contains the entire agreement between the Parties, and no conditions, precedent
or subsequent, exist which are not contained herein; that this Agreement may not be amended
except in writing signed by all of the Parties; and, that the terms of this Agreement are
contractual and not recital.
h. This Agreement may be executed by the Parties in separate

IN WITNESS WHEREOF,the Parties each execute this Agreement effective as
of the day and year first above written, intending this to be a sealed instrument.
[INDIVIDUAL SIGNATURE PAGES FOLLOW]

d Kay Crocker
STATE OF N TH CAROLINA
COUNTY 0 NEW HANOVER
(-2.1I, C 6out 6 • cat. , a Notary Public in and for
said County and State, do hereby certify that NEWLANIKAY CROCKER
personally appeared before me this day and acknowledged the due execution of the foregoing
instrument.
WITNESS my hand and aria seal, this the Say of . �
2007.
l7414
/ Y
Notary P is
My Commission Expires:
/f9 *
CY:A c (SEAL)
Emma Sue Crocker
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, <_t`—{t 4*4%' , a Notary Public in and for
said County and State, do hereby certn that EMMA'SUE CROCKER
personally appeared before me this day and acknowledged the due execution of the foregoing
instrument.
WITNESS my hand and n a seal, this the /J=''flay of
2007.
yee
Notary P c

(SEAL)
Paul E. Gregory VC
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, M c\Q(1 1\1:1lk l re , a Notary Public in and for
said County and State,do hereby certify that PAUL E. GREGORY
personally appeared before me this day and acknowledged the due execution of the foregoing
instrument.
WITNESS my hand and notarial seal, this the 5 day of GUjle.
2007.
/7/e'ytAA-- CU(A0--k-LA
Notary Public
My Commission Expires:
(SEAL)
Maa H. Gregory
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, MP >n \A1:‘4s\)•►rE , a Notary Public in and for
said County and State,dtrtereby certify that MARTHA H. GREGORY
personally appeared before me this day and acknowledged the due execution of the foregoing
instrument.
WITNESS my hand and notarial seal, this the /5 day of ,
2007. /
/27e/7(1 - CJ
Notary Public

(SEAL)
Roderick L. Whitford
STATE OF NORTH CAROLINA
COUNTY OF NEW HOVER ,,�
I, ,`'f�A. /A /, e.,kiii/L( b kJ ,a Notary Public in and for
said County and State, do hereby certify that RODERICK L. WHITFORD
personally appeared before me this day and acknowledged the due execution of the foregoing
instrument.
WITNESS my hand and notarial seal, this the,/ day of <40 ae__ ,
2007.
ow t it Mit,
,,,�`�V' die,,, Notary Public
My Commission Expire O,
_a NOTARY cnr
6- I-5' li PUBLIC =
„6, cc),PV/1.“.;- -- 6- (SEAL)
%% Miriam C. B. Whitford l
STATE OF NORTH CAROLINA
COUNTY OF NE NOVER
I, P�a. M . ei x,� �1 � , a Notary Public in and for
said County and State,do hereby certify that MIRIAM C. B. WHITFORD
personally appeared before me this day and acknowledged the due execution of the foregoing
instrument.
WITNESS my hand and notarial seal,this the)4( day of 4).Vv._ ,
2007.
<2:-,) ,. i (:,
ti--1 .
.00it`ir�++�:010 i, Nntani Anhlir

BURNS PROPERTIES, LLC
,
By: / /� CI-4
Miriam C. B. Whitford, Man er
STATE OF NORTH CAROLINA
COUNTY OF NEW H OVER /� eleflki/u
I, l�je�Qi V"( . d/Z S , a Notary Public in and for
said County and State, do hereby certify that MIRIAM C. B. WHITFORD,
personally appeared before me this day and acknowledged that she is Manager of BURNS
PROPERTIES, LLC, a North Carolina limited liability company, and that she, as Manager being
authorized to do so, executed the foregoing on behalf of the limited liability company.
WITNESS my hand and notarial seal, this the # day of k,e..._
2007.
'1•A-a g
``,,1,,```�M CL ii,4,','', Notary Public
FZ4
My Commission Expi gyp'.
Z
J
(9 ` I S- ) I a NOTARY u7
IZ pUBLIC =
[SIGNATURES END]

!!!!!!!!!!!111
DEEDS
NEW NRB9p COsmirm
2007 Mg 09 04:3 i 44"
8K:5184 AG:1222-1229 FEE:$32.00
WOW OW # 2007023757
Prepared by: Attorney General's Office,Property Control Section
9001 MSC/Property Control,Raleigh,NC 27699-9001
Return To: Stephen D. Coggins, Rountree, Losee & Baldwin, LLP
Parcel No. R06315-006-015-000
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
EASEMENT
THIS EASEMENT(hereinafter"Easement"), made and entered into as of the date set
forth in the notary acknowledgment below, by and between THE STATE OF NORTH
CAROLINA, a body politic and corporate, hereinafter referred to as GRANTOR, and MIRIAM
C. BURNS WHITFORD and husband,RODERICK L. WHITFORD, hereinafter referred to as
GRANTEE: whose mailing address is 1417 Hawthorne Road, Wilmington, NC 28403
WITNESSETH :
THAT, WHEREAS, Grantee is the owner of littoral property being more particularly
described in a deed recorded in Book 4120, Page 848, New Hanover County Registry, less and
except any of the land described in said deed which lies below the high water mark (hereinafter
the"Littoral Property"); and,

bulkhead and to maintain the existing fill adjacent to the Littoral Property and Grantor has
approved said application; and,
WHEREAS, the North Carolina Department of Administration has authorized and
approved the execution of this instrument for the purposes herein expressed; and,
WHEREAS, the execution of this instrument for and on behalf of the State of North
Carolina has been duly approved by the Council of State by resolution adopted at a meeting held
in the City of Raleigh,North Carolina on the 9th day of January, 2007.
NOW, THEREFORE, in consideration of the sum of TWO HUNDRED FIFTY and
No/100 DOLLARS ($250.00) and other good and valuable consideration, the receipt of which is
hereby acknowledged,pursuant to N.C.G.S. §146-6(c) the Grantor does hereby grant unto
Grantee, its successors and assigns, the right,privilege and easement to install fill required for
the repair, renovation or replacement of an existing bulkhead, to maintain the existing fill and to
continue the exclusive use of the land heretofore and hereunder raised for the purposes set forth
herein and for all legal purposes,without limiting any prior use of the land, including prior uses
associated with the exercise of riparian and littoral rights accompanying ownership of riparian
land, said land being an area that covers a portion of the northern half of a rectangular-shaped
peninsula, that extends into the waters of Banks Channel from the western right-of-way Waynick
Boulevard (60' right-of-way), directly across from 530 South Lumina Avenue, Town of
Wrightsville Beach,New Hanover County, North Carolina, and being more particularly
described on Exhibit A attached hereto and incorporated herein by reference (hereinafter the

l. The exercise of the rights under this Easement shall be contingent upon Grantee
obtaining all necessary permits and authorizations and complying with all federal, state,
municipal and other laws, codes, ordinances, rules and regulations applicable to the Easement
Area.
2. Grantee, by acceptance of this Easement, agrees to comply with and be bound by
all terms and conditions set forth herein.
TO HAVE AND TO HOLD said easement, unto the Grantee, its successors and assigns,
forever.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

IN TESTIMONY WHEREOF,the STATE OF NORTH CAROLINA has caused this
instrument to be executed in its name by MICHAEL F. EASLEY,Governor, attested by
ELAINE F.MARSHALL , Secretary of State, and the Great Seal of the State of North Carolina
to be hereto affixed by virtue of the power and authority aforesaid.
STATE OF NORTH CAROLINA
By:
Govemor
ATTEST: /".''� S INk';k$
.Oit µAr 10, ))5�s7: `‘,
By: 4 yy tf* . ' ',
Secretary of State r-lr ii t k, t
, +APPROVED AS TO FORIv1: t`r`., r
ROY COOPER
ATT RNEY GENERAL
By:
Assistant Atto ey Gen ral

STATE OF NORTH CAROLINA
COUNTY OF WAKE
I, ,Jens i t I&U,(J� hY rt , a Notary Public in and for the aforesaid
County of ,G '(,, 7DY t and State of North Carolina, do hereby certify that
ELAINE F. MARSHALL,Secretary of State of North Carolina, personally came before me this
day and acknowledged that she is Secretary of State of North Carolina, and that by authority duly
given and as the act of the State,the foregoing instrument was signed in its name by MICHAEL
F. EASLEY Governor of the State of North Carolina, sealed with the Great Seal of the State of
North Carolina, and attested by herself as Secretary of State of North Carolina.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the
3 day of , 2007.
JENNEII iAUGlic twig
Notary Public efri
.Johnston County
Mat*of North Carotin° Notary blic
4 My CommIssion Expiras Nov 21, 2011 I
Print Name: •Jefiii 1l 62,41i7iYI4r7
My Commission Expires: I i -a t - )G[I

EXHIBIT A
EASEMENT FROM THE STATE OF NORTH CAROLINA TO MIRIAM C. BURNS
WHITFORD AND HUSBAND, RODERICK L. WHITFORD
Lying and being in the Town of Wrightsville Beach,New Hanover County,North Carolina, and
more particularly described as follows:
COMMENCING at an old existing concrete monument labeled "Sprunt" in the southern line of
Bridgers Street; thence from said existing concrete monument North 55 degrees 57'00" West
4.37 feet to a point in the centerline of Lumina Avenue(50'public right-of-way); thence along
the centerline of said Lumina Avenue South 34 degrees 03'00" West 709.35 feet to a point;
thence leaving the centerline of said Lumina Avenue North 54 degrees 01' 00" West 25.00 feet to
a point in the westerly right-of-way of Lumina Avenue, said point being marked by an"X" in the
top of a wall at the northeast corner of property owned by Miriam C.B. Whitford as more
particularly described in Book 4120, Page 848, New Hanover County Registry(the wall being
0.2 feet across the northern Iine of said Whitford at the point marked by the "X"); thence along
and with the northern line of said Whitford and the southern line of property now or formerly
owned by Crocker North 54 degrees 09' 13" West 109.74 feet to an existing concrete monument
in the eastern right-of-way of Waynick Boulevard(60'public right-of-way); thence North 54
degrees 09' 13" West 60.14 feet to an"X" set in the gutter of the western right-of-way of said
Waynick Boulevard; thence along the western right-of-way of said Waynick Boulevard South 40
degrees 19' 06" West 44.42 feet to an"X"set in gutter; thence North 54 degrees 21'20" West
47.11 feet to a point marked by an"X"being the approximate Iocation of the high water line and
the point of BEGINNING; thence from said point of beginning North 54 degrees 21'20" West
52.98 feet to a point in an existing bulkhead wall; thence along and with said existing bulkhead
wall the following ten courses and distances:
North 34 degrees 12'06" East 18.97 feet to a point;
North 63 degrees 30'31" West 2.68 feet to a point;
North 22 degrees 11' 14" East 8.42 feet to a point;
South 62 degrees 25'47" East 4.52 feet to a point;
North 29 degrees 46' 10" East 7.60 feet to a point;
North 56 degrees 58'40" East 4.28 feet to a point;
North 72 degrees 23' 08" East 3.02 feet to a point;
North 89 degrees 45'24" East 3.62 feet to a point;
South 73 degrees 00' 55" East 3.20 feet to a point;
South 58 degrees 22' 19" East 1.80 feet to a point;

PLACE OF BEGINNING; being the western portion of Tract 2, which is the northern half of a
"peninsula" located on the western side Waynick Boulevard and on the east side of Banks
Chanel as shown on a survey entitled "MAP OF SURVEY FOR BURNS PROPERTIES, LLC &
MIRIAM C.B. WHITFORD,"dated March 19, 2007 and prepared by Robert H. Goslee&
Associates, reference to which survey is hereby made for a more particular description of same.

16-,, 1•MT \
/C ,'
r l 4 r
-
rw
,r3 .\ r 1
As
REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration: 05/09/2007 04:31:44 PM
Book: RE 5180 Page: 1222-1229
Document No.: 2007023757
ESMNT 8 PGS $32.00
Recorder: PHELPS, MICAH
tate of North Carolina, County of New Hanover
Ft I f7W PRfRATP SEIFFT IC A VITAI PART f1F YC1f ID RFrfPf1Fl nnrf IMFAIT

72.8' EXISTING RAIL /f
;FROM WA I tK54OE FACE OF WALL)al'
{' NNt•-J
- 4' b. (WORK SPACE + WALL)
MAX.
CONCRETE
APRON
XIST. GROUNO A ?) ic A c A t
ELEV. +10.00 —
\AN t. �` - = 41` i►
,01
•
\ \ . - i -110,41, MHW..+4.0
4/:-. : --
AilP
4 \ \ \
• NLY0.0 -
CONCRETE 13EAMS\/ ; •. \ �\/�\,\\ \ \
(ESTIMATED LOCATION)/' :.:-`i:.:::? :. //\ // quo FILLC.)'/ // \ ' // /
\�/;,:: •, \\/\\, . �TO BE RE1101�ED)\�' \/\V \\/\\�\/\\
//\/-, 6 :-_ ;`=' // / \/,„7„,, - .//\/ \ /�EN \/\,
//\i/ter/ l �>/��S•T�r• N .\.'
\ / WALL SECTION "B"
NOT TO SCALE
NOTE:
REPLACEMENT WATER SIDE WALL TO BE LOCATED IN POSITION
MOST OPTIMAL FOR SUPPORT ACCORDING TO CONDITIONS
REVEALED BY EXCAVATION TAKING ADVANTAGE OF CONCRETE
BEAMS / TIES.
NEW RETAINING BULKHEAD
FACING BANKS CHANNEL
FOR 530 AND 532 WAYNICK BLVD.
BY: RICK WHITFORD
530 WAYNICK BLVD.
WRIGHTSVILLE BEACH, N.C.
NEW HANOVER Ol1NTY
DRAWN BY: WILLIAM H. WARREN, JR.
AUGUST 4 2007 SHEET OF

i /' WATER
slot-
i -
1 •••"" 7,---
C Existing concrete bulkhead
slope Existing concrete Existing
isting concrete bulkhead slope
&steps to be removed (7
Pier walikway to be removed
•
•
•
•
Itattilii new'WWI
. *ins es needoil le
s etiethel p
alter removal.(
Replacement bulkhead 1 concrete `pa 1
k
ri /1"."" la_ / - . ',... 1
ns/supporta for work space&new bulkhead
I.oalw.f.drehB e.wcre*Aao.h.pperts
p t
�/ Tim —
'''.•••,...._,, Z
,_ \ /
--. 2.xi ing brick column sapperts for fence/handrail (typ)
Ex>�oowcrcac aeoorrtivc apron
an corner Visible concrete base mkt existing
ed location brick
may or may ESTIMATED LOCATION ns/supports not be location of major crow beams/ NEW BULKHEAD
(awingort round
but is the estimated s)err 532 Way.ick Blvd Wrigttsvitk Beach.N.C.
Minn

BANKS CHANNEL
FLOOD
i E88
r r t 1+
COW woe
4.ices411Eit
aa,i 7lT ra.c,<(ALL MIONID)
^LL CCM MIS MD FILL
/ *at
(C:pe we 14 ' ccost I` ow Aio MIL ,
•
-
NOTE
N£PlMMMENT WATER SCE NA L TO BE LOCH ED N POSITION g
MOST OPTIMAL PQR SUPPORT ACCORDING TO CONCITIONS 1
RESEALED BY E7004VA/ION TO TAID;ADVANTAGE OP EXISTING
CONCRETE BEAN
IQ a
a OUTING RUNNING YAW.TO BE REPLACED
(SOWN SOE)+(NORTH SEE)
10 ,:li NAOS
a Yo Nr o+e
was
gam
o-„,
,ate MOM oci5'
•
aTr ° tsA
ryA (eoToI Vm —
PAS
REBUILD RETAINING WALL

•
EXISTING RAIL
-40 aw•
EXIST. GROUND ?c ?c
ELEV. +10 00
- - -
1111.4%.
POP All•
•
41111,
• No,
411114,
•
•
- A
AIP
NLW..0.0
EXISING STACKED
CONCRETE REAms
oaST. CONC.
((STIMA TED LOCATION)
•
AND FILL
(TO 13E REMOVED) /
—.0-- SILT FENCE
' • NEW ACCESS PILES
AS REQUIRED
frit EXISTING CONCRETE
PIER PILE TO REMAIN
NEW PIER
SUPPORT PILE
WALL SECTION "8"
NOT TO SCALE
NOTE
REPLACEMENT WATER SIDE WALL TO BE LOCATED IN POSITION
MOST OPTIMAL FOR SUPPORT ACCORDING TO CONDITIONS
REPEALED BY EXCAVATION TAKING ADVANTAGE OF CONCRETE
BEAMS / TIES.
NEW RETAINING BULKHEAD
FACING BANKS CHANNEL
FOR 530 AND 532 WAYNICK BLVD.

BACKFILL VARIES
4-x6'
`►���
#4 GALV. Res - i -5'-0" C RS.
18' LONG �_11.1111111111.
��
FILTER CLOTH ANCHOR
w
2"x8" T&G o
V
CC
W
LL
1
TYPICAL RETAINING WALL SECTION
NOT TO SCALE
NEW RETAINING BULKHEAD
SOUTH SIDE AND NORTH SIDE
FOR 530 AND 532 WAYNICK BLVD.
BY: RICK WHtTFO$ D