110-17 Minor Mod Grand View Holdings LLC

Permit Class
MODIFICATION/MINOR
(Per Settlement Agreement)
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
_ Excavation and/or filling pursuant to NCGS 113-229
Permit Number
110-17
Issued to Grand View Holdings LLC c/o Chris Bailey, PO Box 400, Jacksonville, NC 28541
Authorizing development in New Hanover County at adi. to the AIWW, 202 Summer Rest Road,
Wilmington , as requested in the permittee's application letter dated 05/21/19 including
attached Settlement Agreement with Exhibits A-F all dated received at DCM MHC on 5/23/19.
This permit, issued on June 6, 2019 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
ie subject tonnes, imprisonment or civu action; or may cause me permit to oe mutt anu voiu.
1) Unless specifically altered herein, this Minor Modification authorizes the reconfiguration of the.
authorized docking facility, all as expressly and specifically set forth in the attached Settlement
Agreement and associated Exhibits A-F. Any additional land disturbing activities and/or construction
may require a modification of this permit. Contact a Division of Coastal Management representative
at [phone] for this determination.
2) Any portion of the existing authorized fixed pier crossing over the Town of Wrightsville Beach's
existing sub -aqueous NEI sewer force main shall be retrofitted to install bolted, removab(f
designed to provide improved access to the NEI line as specifically depicted on Exhibit A of te'e FD
settlement agreement. ✓U
See Attached Sheet for Additional Conditions N 2 4 2019
( ) DC M.MLr,.
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2020
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
Braxton C. avis, Director
Division of Coastal Management
This permit and Aconditions are hereby accepted.

Grand View Holdings, LLC Permit No. 110-17
Page 2 of 3
ADDITIONAL CONDITIONS
3) A breakaway section within the floating dock structure shall be added as depicted in Exhibit B of the
settlement agreement.
4) The breakaway sections of dock shall be constructed as depicted in Exhibits A and B of the settlement
agreement.
5) The piling identified by the Town of Wrightsville Beach's consulting engineer as being located
immediately adjacent to the NEI sewer force main, and as depicted in Exhibit C of the settlement
agreement, shall be removed or relocated. Should the removal of the piling be determined to be unsafe,
the permittee shall cut the existing piling off at the submerged bottom level.
6) Condition No. 13 of the original State Permit No. 110-17 is hereby modified to require additional
warning and notice signage similar to the signage depicted in Exhibit D of the settlement agreement, as
set forth in the Settlement Agreement.
7) All newly installed pilings or pier/dock structures shall be installed a minimum of 24" from any portion
of the existing NEI sewer force mainline, as set forth in the Settlement Agreement.
8) Conditions No. 2 through No. 7 of this Minor Modification shall remain in force for the life of the
permitted structures, regardless of whether or not Major Permit No. 110-17 has expired, as set forth in
the Settlement Agreement.
9) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
10) This permit does not authorize the excavation or filling of any open water or wetland areas.F
11) This Minor Modification be attached to the original of Permit 110-17, which was issued onU4SR7,
and copies of both documents shall be readily available on site when Division perso el inspect the
project for compliance. TUN 2 4 2019
12) All conditions and stipulations of the active permit remain in force under this MiDC*d*&*n mess
specifically altered herein.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers assigned the proposed project Action ID No. SAW-2011-
00775.
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR-
2011-04100.

Grand View Holdings, LLC Permit No. 110-17
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: A minor modification application processing fee of $100 was received by DCM for this project
ftcmveo
k", 2 4
,y

Received F
Permit No.:
Applicant's
NC Division of Coastal Management ]C�D
Cashier's Official Receipt 8 6 9 4A Bl//
Date: 20 J3
LC ► 00 '
1 Check No.: D
Name: County:
Project Address:
Please retain receipt for your reQords as proof of payment for permit issued.
Signature of Agent or Applica�t• Dater
Signature of Field Representati Date:

LAW OFFICE OF
MATTHEW A.IVICHOLS
3205 Randall Parkway, Suite 104
Wilmington, NC 28403
May 21, 2019
VIA FEDEX
Doug Huggett, Manager - Major Permits
Division of Coastal Management
400 Commerce Ave.
Morehead City, NC 28557
Ph: [phone]
Email: [e-mail]
Re: Minor Modification request, CAMA Permit Number 110-17, Grand View Holdings,
LLC
Dear Mr. Huggett:
Please find enclosed a Minor Modification request for CAMA Permit No. 110-17 for Grand
View Holdings, LLC; and, a check payable to NCDEQ in the amount of S 100.00 for the application
fee. Please let me know if you need any additional information related to this request. Thank you
for your time and consideration of this matter.
Sincerely,
Matthew A. Nichols
MN/nc
Enclosure
CC: Mary Lucasse, Special Deputy Attorney General (via e-mail: [e-mail])
Christy Goebel, Assistant General Counsel, NCDEQ (via e-mail:
[e-mail])
John C. Wessell, III, Wrightsville Beach Town Attorney (via e-mail:
[e-mail])
I. Clark Wright, Jr. (via e-mail: [e-mail])
Steve Morrision, Land Management Group (via e-mail: [e-mail])
Grand View Holdings, LLC
RECEIVED
MAY 2 2 Z019
DCM-MHD CITY

toLMG
LAND MANA+,. %%ENT GROUP
a OAIEY# company
5/21/19
Doug Huggett
Division of Coastal Management
400 Commerce Avenue
Morehead City, N.C. 28557
Re: Minor Modification request, CAMA Permit Number 110-17, Grand View Holdings,
LLC
Dear Doug,
On behalf of Grand View Holdings, LLC, I am requesting the minor modification of CAMA
Permit Number 110-17 based on the proposed permit conditions listed on page 2 within the
enclosed Settlement Agreement and exhibits having been executed by all parties to the
agreement. As detailed within the Agreement, we understand that DCM will make a permit
decision within 30 days of receipt of this modification request. Enclosed also please find the
minor modification fee check made out to NCDEQ. Please contact me with any questions that
you may have. Thank you for your assistance.
Sincerely,
Steve Morrison
Environmental Consultant
Encl: Settlement Agreement with proposed permit conditions, $100 fee check
Cc: Grand View Holdings, LLC
Matt Nichols RECEIVED
MAY 2 2 Z019
DCM-MHD CITY
www.lmgroup.net • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
TOWN OF WRIGHTSVILLE BEACH,
Petitioner,
V.
COASTAL RESOURCES COMMISSION and )
GRAND VIEW HOLDINGS, LLC, )
Respondents. )
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
17 CVS 004392
SETTLEMENT AGREEMENT
This Agreement is entered into by Petitioner Town of Wrightsville Beach ("Petitioner" or
`flown"); Respondent Coastal Resources Commission ("CRC" or "Commission"); Respondent
Grand View Holdings, LLC ("GVH" or "permittee") (hereinafter, collectively referred to as the
"Parties"); and non-party the North Carolina Division of Coastal Management, the delegated
CAMA permitting agent of Respondent CRC, ("DCM") (hereinafter these four entities may be
collectively referred to as the "Parties to the Agreement").
This Agreement is entered into for the purpose of fully and finally compromising, settling
and resolving: i) all claims relating to DCM's issuance of CAMA Major Permit No.110-19
("Permit") which authorizes the addition of floating docks with eight slips and a gazebo to an
existing a -slip private docking facility extending from GVH's riparian property located at zoz
Summer Rest Road in Wrightsville Beach, New Hanover County, North Carolina (the "Site"); and
a) all claims raised in Petitioner's Petition for judicial Review appealing the Commission's denial
of Petitioner's Third Party Hearing Request to challenge the Permit in the Office of
Administrative Hearings, fled as 17 CVS 004392 in New Hanover County Superior Court.
1. Agreements between Petitioner Town and Respondent GVH.
The following agreements are made solely between the Town and GVH who contract,
settle, and agree as follows:
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DCM-MHD CITY

A. Within io days of the effective date of this Agreement, GVH shall submit a permit
modification request to DCM, including payment of any required fees, requesting the following
modifications to the Permit:
1. That a permit condition be added to the Permit requiring that any portion
of the existing fixed pier and docks crossing over the Town's existing sub -aqueous
NEI sewer force main be retrofitted to install bolted, removable sections designed
to provide improved access to the NEI line as specifically shown on Exhibit A;
z. That a permit condition be added to the Permit requiring the addition of a
breakaway section within the floating dock structures as shown on attached
Exhibit B;
3. That the modified CAMA Permit as issued incorporate the drawings
provided as attached Exhibits A and B showing the location of the breakaway
sections on the existing and proposed development;
4. That the modified CAMA Permit as issued incorporate the drawing
provided as attached Exhibit C showing the location of the existing pier pylon to
be removed as described hereinafter. Further, that the Permit be modified to
require removal or relocation of the existing piling identified by the Town's
consulting engineer as being located immediately adjacent to the NEI sewer force
main Options for removal may include cutting the existing piling off at
submerged bottom level if it cannot be safely removed. Exhibit C described above
is attached and identifies such piling;
5. That condition 12 of the Permit be modified to require additional warning
and notice signage as depicted generally shown on the attached Exhibit D;
6. That the Permit be modified to require that all newly installed pilings or
pierldock structures be installed at least 24 inches from any portion of the existing
NEI sewer force mainline; and
7. That the Permit be modified to state that all of the permit modifications
described in this Section I(A) shall remain in force for the life of the permitted
structure, regardless of whether or not the CAMA permit has expired.
1 The Town and GVH agree that GVH will complete the work described in
paragraphs Ar and Aa within 6o days after issuance by DCM of the modified CAMA permit, or as
soon thereafter as is reasonably practicable, but in no event more than ISo days after issuance of
the modified permit. In addition, the Town and GVH agree that the removal described in
paragraph A4 above shall be completed within 3c days of issuance by DCM of the modified
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DCM-MHD CITY

CAMA permit, or as soon thereafter as is reasonably practicable, but in no event more than i8o
days after issuance of the modified permit.
C. The Town and GVH have each prepared individual Emergency Response Plans
("ERPs") and have provided these plans to the other Parties to this Agreement. The Town's and
GVH's ERPs are attached respectively as Exhibits E and F. In summary, the ERPs include
contact information for the Town and GVH identifying whom to call if the Town requires
emergency or routine access to the NEI sewer force main, procedures to be used in the case of
routine maintenance or in the case of a sewer line breach or other emergency situation, the
notice to be provided to vessel owners using GVH's docking facility, and contact information for
other potentially involved government agencies, including but not limited to New Hanover
County, Cape Fear Public Utility Authority, NC Division of Water Resources, NC Division of
Emergency Management, NC Department of Environmental Quality, the Coast Guard, the
United States Army Corps of Engineers, and the U.S. Environmental Protection Agency. The
Town and GVH may revise their ERPs as needed to update information including but not limited
to contact information. Any time an ERP is revised, the updated copy will be provided to the
contact person identified by the Parties in writing as the person to receive the ERP and to DCM
[Specific address/contact/email for each agency to be provided by the Town], provided that any
updated ERP shall contain at a minimum the information identified in this paragraph.
D. The Town and GVH agree that the Town shall call and provide written notice to
the contact person identified by GVH in its ERP if the Town requests that any portion of the
permitted docking facility be removed to allow for emergency repairs, routine repairs,
maintenance, and/or inspection or replacement work. GVH and the Town agree that in
emergency situations, verbal notice to GVH shall be sufficient if the Town cannot locate an
appropriate agent or representative of GVH after using good faith efforts.
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DCM-MHD CITY

E, The Town and GVH agree that if the Town requests emergency access to the
bolted/removable portions of the permitted docking facility as shown on Exhibits A and B, GVH
shall remove the necessary portion of the structure within iz or fewer hours. In non -emergency
situations, GVH shall remove the necessary portion(s) of the bolted/removable portions of the
permitted facility as shown on Exhibits A and B within to business days after receiving notice
from the Town requesting such as necessary to allow the Town access the NEI sewer line. The
Town shall identify with specificity the portion(s) of the permitted facility requiring removal as
shown on Exhibits A and B, and shall also provide notice to DCM within a reasonable time
period.
F. The Town and GVH agree that the same notice and removal provisions described
in Paragraph E above shall apply to removal or relocation of any boats or other vessels tied up or
otherwise occupying GVH's piers, docks or slips. Specific language regarding such removal
procedures is contained in the attached Exhibit G and will be provided by GVH to arty person
who leases a slip at its pier or dock. Exhibit G also shall include Figure 2.1 (aerial photograph) as
contained in the HighFill Technical Memorandum, dated September at, ior7, depicting the
current location of the NEI sewer line relative to the existing piers and docks.
G. The Town and GVH agree that the Town will use its best efforts to avoid high boat
use seasons, weekends, and/or holidays for routine maintenance activities.
H. The Town will use its best efforts to coordinate in advance with GVH (if possible)
to identify portions of the removable sections described in attached Exhibits A and B to be
removed in order for the Town's inspection, repair, replacement and/or maintenance activities to
be performed. Replacement shall refer to replacement of the existing NEI sewer force main in its
current location.
RECEIVED
MAY 2 2 2019
DCM-MHD CITY

I. If access is not provided in the time required following notice, GVH agrees that the
Town may take reasonable unilateral steps to gain access to the sewer line, including the removal
of breakaway sections of the pier/dock/slips and the relocation of any boats or vessels.
J. The Town and GVH agree that all work performed by or on behalf of the Town on
or around permittee's dock will be performed by competent, licensed and insured professionals,
and shall be diligently pursued to completion in a timely manner that minimizes any
interference and inconvenience to the permittee and its tenants, lessees, owners or other
authorized users of the permitted facility.
K. Except as otherwise provided in this Agreement, the Town and GVH agree that all
work performed by the Town shall be at the Town's expense with the exception that any costs or
expenses associated with removing and replacing the bolted removable sections of the permitted
facility and relocating, removing and replacing any boats or other vessels shall be home by GVH.
Should the Town have to accomplish any such removal actions unilaterally, GVH shall promptly
reimburse the Town for such reasonable and actual costs upon presentation to GVH by the Town
of documentation of such costs. All costs shall be typical as to work and services performed in
New Hanover County. Under no circumstances shall the Town be responsible for replacing any
portions of the pier that are removed or returning any boats or other vessels that are removed.
L. The Town and GVH agree that as used throughout this Agreement, references to
the inspection, monitoring, repair and/or replacement of the NEI line or portions thereof shall
only apply and refer to the currently existing NEI line and not any new or additional line(s).
M. The Town and GVH agree that the Town shall not cause any materialmen's or
mechanic's liens to be placed on GVH's/permittee's property and shall promptly bond and cause
to be removed any such liens for work or materials resulting from the actions of the Town.
Provided that nothing contained in this section M shall be construed to limit or diminish the
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MAY 2 2 2019
DCM-MHD CITY

obligation of GVH to reimburse the Town for its reasonable and actual costs in the manner
described in section K above.
N. The Town and GVH agree that to the extent feasible and safe, permittee shall be
allowed to install, at its sole cost, a temporary means of crossing over removed pier sections as
shown on Exhibits A and B (eg., temporary aluminum ramp) to allow permittee and its tenants
or unit owners to continue to use the pier/dock/slips structures and other portions of permittee's
property, provided the same does not unreasonably interfere with any work being performed on
said portions of the NEI sewer force main, by or on behalf of the Town.
O. GVH agrees to cooperate with the Town regarding any future relocation of the NEI
sewer force main, line capacity expansion, or second sewer line location provided it does not
interfere with permittee's existing or future use of its property or the permitted docking facility,
including riparian rights as previously determined by NCDEQ-DCM and other applicable
governmental agencies and reflected in the current Permit.
P. In the event Respondent GVH modifies the existing piers and docks in accordance
with this agreement and provisions of any modified CAMA permit issued by DCM, within 6o
days of project completion GVH will provide the Town and DCM with a revised as -built survey
showing the location of all newly constructed portions of the permitted facility, including but
not limited to installation of the removable or breakaway sections (see Exhibits A and B) and
the new floating docks and slips. In such event, a copy of the as -built survey will be attached to
and incorporated in Exhibit G.
Q. Respondent GVH agrees to install bolted, removable sections on the existing fixed
dock as set forth in Exhibit A and cut the existing piling which is identified in Exhibit C
regardless of whether Respondent GVH constructs the other development authorized by the
current Permit or any subsequently issued modified permit and regardless of whether DCM
issues the modified permit.
RECEIVED
MAY 2 2 2019
OWAAHD CITY

R. Within 3o days of the date of this Agreement, and without any admission of
liability, GVH agrees to donate the sum of si,000.00 to the Wrightsville Beach Museum of
History.
S. GVH expressly represents that all of the terms of the Settlement Agreement
comply with all provisions contained in the Articles of Incorporation of its sole Managing
Member, Grand View SPE Member, Inc., recorded with the Office of the North Carolina
Secretary of State on 06-29-17 ICz017-173-003781, and with all provisions of its operating
agreement, and the bylaws of its sole Managing Member, Grand View SPE Member, Inc.
11. All Parties to this Agreement further contract, settle, and agree as follows:
The following agreements are entered into between Petitioner Town, Respondent GVH,
Respondent Commission, and non-party DCM. The Parties to this Agreement contract, settle, and
agree as follows:
A. By signing this Agreement, non-party DCM agrees that in considering the request
for modification of the Permit, it shall make its decision according to applicable law and
regulations. DCM further agrees it will make its permit decision within 3o days of receiving a
complete application requesting modification of the Permit from GVH.
B. Respondent CRC and non-party DCM state that they have not identified any legal
provisions, CAMA use standards or other governing statues or rules that would prohibit issuance
of a modified CAMA Permit as provided for in this Agreement.
C. The Town agrees not to appeal or otherwise challenge, directly or indirectly,
GVH's permit modification request or DCM's decision on the request, as long the request and
DCM's decision are consistent with the terms of this Agreement. Nothing herein shall be
construed to modify or limit the Town's legal rights to challenge any provisions contained in arty
modification to the Permit which are contrary to, or outside of, the terms of this Agreement If for
any reason, DCM does not grant GVH's modification request, then the terms of this Agreement
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MAY 2 2 2019
DCM-MHD CITY

shall become voidable at the written request of any of the Parties to the Agreement, which written
request shall be made within zo days of the date of DCM's decision regarding the permit
modification request
D. This Agreement contains the entire agreement between the Parties concerning the
Permit and the Petition for Judicial Review. There are no other terms than those expressly set
forth in this Agreement. The agreements and considerations contained in this Agreement are
NOT severable.
E. The Agreement represents a compromise of disputed claims and by entering into
this Agreement, the Parties do not admit or concede the merits of any issue.
In executing this Agreement, the Parties to this Agreement acknowledge that they
have had the opportunity to consult with and be advised by an attorney of their choosing, that
they fully understand and are satisfied with the terns of this Agreement which represent a full
and fair settlement of the issues related to the Permit and the Petition for Judicial Review, and
that they have executed this Agreement freely, after independent investigation and without fraud,
duress, or undue influence.
G. Each of the Parties has had the opportunity to participate fully, and to be fully and
competently represented in the negotiation and drafting of this Agreement. Accordingly, the
parties agree that any rule of construction of contracts resolving any ambiguities against the
drafting party shall not apply to this Agreement. The language in all parts of this Agreement shall
be construed as a whole according to its meaning and not strictly for or against any of the Parties.
H. Each Party to this Agreement represents and confirms that the person executing
the Agreement on its behalf has the authority to enter into this Agreement.
This Agreement shall be binding on aJl Parties to the Agreement, their agents,
assigns, successors, and transferees and is governed by the Laws of the State of North Carolina.
�FCEIVED $
RECEIVED
2 2019
MAY 2 2 2019_
CITY
DCM-MHD CITY

J. Each Party to this Agreement shall bear its own attorney fees and costs, including
those costs previously incurred in any way related to the subject matter of this Agreement. Each
Party shall bear its own costs for future actions required by this Agreement as set forth herein.
K. Within ten days of the effective date of this Agreement, Petitioner Town shall file a
dismissal with prejudice of its Petition for judicial Review,17 CVS 004392, filed in the General
Court of justice of New Hanover County, Superior Court Division.
L This Agreement shall be binding on the undersigned parties and is governed by
the Laws of the State of North Carolina. All of the Parties agree that the terms and conditions of
this Agreement may be enforced through the filing of a motion in the cause or similar motion in
this action, 1:7 CVS 4392. in New Hanover County or through other proceedings necessary to
enforce this Agreement In the enforcement of any provisions of this Agreement, the Court shall
retain and may exercise its full contempt powers. All of the Parties to the Agreement consent to
the jurisdiction of said Court. All of the parties to the Agreement further consent to the Court's
continuing authority to enforce the terms of the Agreement
M. One or more Parties may execute this Agreement on different dates, and on
separate signature pages. This Agreement may be executed in duplicate originals, any of which
are equally binding on all Parties. All Parties agree that, regardless of actual date(s) executed,
this Agreement shall be deemed effective as of the Loth day of May, 2019. [Signatures begin
on the following page.]
RECEIVED
g MAY 2 2 2019
DCM-MF1D CITY

f 11 1
.1
11 . Y•
For the Finn of
Davis Hartman Wright LLC
2o9 Pollock Street
New Bern, NC 2856o
Telephone: (zz5) 514-2W, Ext. I
Facsimile: (za5) 514-9878
email: i0995wlegal_com
Counsel for
Petitioner Town of Wrightsville Beach
Respondent Coastal Resources Commission
By: M. Renee Cahoon,
Its: Chair
Approved as to form:
Mary L. Lucasse
Special Deputy Attorney General
N.C. Bar No. 39153
N.C. Department of Justice - Env. Div,
P.O. Box 629
Raleigh, NC 276oa
Telephone: [phone]&
Fax: [phone]
email: mlucassefa edoi.eav
Counselfor
Respondent Coastat Resources Commission
NC Division of Coastal Management
By: Braxton C Davis
Its: Executive Director
Approved as to form:
clm�tme A. Goebel, Assistant General Counsel
N.0 Bar No. 27z86
N.C. Department of Environmental Quality
i6m Mail Service Center
Raleigh, NC 27699-16m
Telephone: [phone]
email: [e-mail]
COunselfor
NCDivfsion of Coastal Management
In
RECEIVED
W" ^ 2 P019
bGiV,.,v1HC) CITY

Petitioner Town of Wrightsville Beach
By: William J. Blair
Its: Mayor
Approved as to Form:
I. Clark Wright, Jr., Esq.
N.C. Bar No. 11163
For the Finn of
Davis Hartman Wright LLC
209 Pollock Street
New Bern, NC z856o
Telephone: (225) 514-z82.8, Ext. i
Facsimile: [phone]
email: icwc&dhwlegal.com
Counsel for Petitioner
Town of Wrightsville Beach
R;TndeEkt Coastal Resources Commission
By: M. Renee Cahoon,
Its: Chair
App o ed as to rm:
4�
a casse
Spec eputy Attorney General
N.C. Bar No. 39153
N.C. Department of Justice — Env. Div.
P.O. Box 629
Raleigh, NC 276o2
Telephone: (9r9) T6-6962
Fax: (gig) 716-716-6767
email: mlucasseoi ncdoj.gov
Counsel for Respondent
Coastal Resources Commission
Respondent Grand View Holdings, LLC NC Division of Coastal Management
By: Bailey & Fuller Properties, LLC,
Managing Member of Grand View
Holdings, LLC
By: Christopher W. Bailey, President of
Bailey and Associates, Inc., Managing
Member of Bailey & Fuller Properties, LLC
Approved as to form:
Matthew A. Nichols, Esq.
N.C. Bar No. 23403
Law Office of Matthew A. Nichols
3205 Randall Parkway, Suite 104
Wilmington, NC 28403
Telephone: [phone]
email: [e-mail]
Counselfor Respondent
Grand View Holdings, LLC
By: Braxton C. Davis
Its: Executive Director
Approved as to form:
Christine A. Goebel, Assistant General Counsel
N.C. Bar No. 27z86
N.C. Department of Environmental Quality
16oi Mail Service Center
Raleigh, NC 27699-i6or
Telephone: [phone]
email: [e-mail]
Counsel for
NC Division of Coastal Management
RECEIVED
10 MAY 2 2 2019
pra '_ Run 171TY

Respondent Grand View Holdings, LLC
By: Grand View SPE Member,}tic.
Sole Manager of Gran View.Holdings, LLC
By: . / ( , . X
,Warren G. Baile,
Sole Manager of
Approved as to form:
of Grand View SPE Member, Inc.
View Holdings, LLC
Matthew A. Nichols, Esq.
N.C. Bar No. 23403
Law Office of Matthew A. Nichols
3205 Randall Parkway, Suite too
Wilmington, NC 28403
Telephone: (gto) 508-7476
email: [e-mail]
Counsel for Respondent Grand lrew Holdings, LLC
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MAY 2 2 2019
DCM-MHD CITY
11

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P'Oiec1 CA Major Permit ApplioBun
CmM View Comm ndy Boating Facky
202 Summer Rest Road, WilmirgM. NC
iM
Proposed Dock Expansion
110
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SEWER
LINE
BEFORE
EXCAVATING OR TO
REPORT AND
EMERGENCY CALL
[phone]
CAUTION
:iII:iIaI

1 � A
SUBMERGED
PIPELINE
(SHALLOW WATER)
DO NOT ANCHOR
OR DREDGE
GAS PIPELINE CROSSING
0 TEXAS EASTERN TRANSMISSION, LP
A AIA
CALL OR 1.800.231.7794
RECEIVED
MAY 2 2 2019
DCM-MHD CITY

PIPELINE
BEFORE
O NG OR
."EMERGE NCY
CALL
VWR
PIPELINE
BEFORE DIGGING OR
IN AN EMERGENCY
CALL
custom name
and phone number
RECEIVED
MAY 22 Z019
DCPA-MHD CITY

EXHIBIT
GRAND VIEW HOLDINGS, LLC
Northeast Interceptor Sewer Line ("NEI") Notification and Response Plan
General Information
This document is intended to provide Grand View Holdings, LLC ("GVH"), GVH management, and
the staff, tenants, residents, vessel owners, guests and other users of the community pier and
docking facility at the Grand View Luxury Apartments (the "GVH Pier and Dock") located at 7205
Wrightsville Avenue / 202 Summer Rest Road, Wilmington, NC, direction in the event of:
1. Routine inspection, maintenance and repair of the NEI sewer line in the vicinity of
the GVH Pier and Dock by the Town of Wrightsville Beach ("Town") or the
owner/operator of the NEI sewer line; and,
2. Emergency inspection, maintenance and repair of the NEI sewer line in the vicinity
of the GVH Pier and Dock by the Town or the owner/operation of the NEI sewer line
in the event of damage or suspected damage to the NEI.
Sisnaee
GVH will install and maintain signage indicating the presence of a submerged NEI sewer line in
the locations depicted on Exhibit "1" attached hereto ("Sign Exhibit"). These signs will include
emergency contact information to be used in the event of damage or suspected damage to the
NEI, or suspected wastewater discharge from the NEI in the vicinity of the GVH Pier and Dock.
Routine Maintenance Procedure
The following procedure shall be followed in the event the Town notifies GVH that it requires
access to the NEI in the vicinity of the GVH Pier and Dock for routine inspection, maintenance or
repair not involving an emergency:
1. Upon receiving notification from the Town, GVH management shall notify
all vessel owners at the owner's contact number and email address that
the Town requires access to the GVH Pier and Dock Facility.
2. If the scope of the Town's planned inspection, maintenance or repair
requires the removal of any vessels, GVH shall notify the owner of the
affected vessel accordingly, and the identified vessels shall either be
relocated to an unaffected boat slip (if available) or removed from the GVH
Pier and Dock within 10 days.
RECEIVED
MAY 2 2 2019
DCM-MHD CITY

3. GVH shall maintain a contract with Tow Boat US or a similar professional
and insured vessel -towing company with 24-hour, 7-day a week
availability. If any vessel owner fails to relocate or remove their vessel
from the GVH Pier and Dock in a timely matter, GVH or the Town may
contact GVH's professional towing company to have the owner's vessel
immediately removed at the vessel owner's sole expense. GVH and the
Town shall not be liable for any damage caused to any removed or
relocated vessel.
Vessel Towing Company Contact Information:
Tow Boat US: [phone]; or,
Sea Tow: [phone]
4. Within 10 days notice from the Town, GVH shall remove at GVH's expense
any removable section of the GVH Pier and Dock required for purposes of
the Town's planned maintenance or repair work. If GVH fails to remove
any removable section required for the maintenance or repair, the Town
may unilaterally move the required section at GVH's expense. The Town
shall not be liable for its actions provided sufficient advance notice is given
to GVH and the Town acts in a reasonable and non -negligent manner.
5. Upon notification by the Town of completion of the inspection,
maintenance or repairs, GVH shall coordinate with the Town for
reassembly of the removable pier and dock sections, and GVH shall notify
vessel owners when they may return their vessels to their designated boat
slips.
Emergency Response Procedure
The following procedure shall be followed in the event of an incident causing damage or
suspected damage to the NEI or suspected wastewater discharge from the NEI in the vicinity of
the GVH Pier and Dock:
Step 1 - Reporting: Any GVH employee and any Grand View resident, vessel owner or
their invitees, guests and other users of the GVH Pier and Docking facility who is involved
in an incident related to damage or suspected damage to the NEI in the vicinity of the
GVH Pier and Dock, or has otherwise been informed of such damage or suspected
damage, shall first immediately contact 911 emergency response and report the incident.
:-CEiV'-D
MAY 2 2 2019
DCM-MHD CITY

Following contact with 911, the following persons shall be immediately contacted:
Emergency Contact Information for NCDEQ-Division of Water Resources
Regular Hours: [phone] or [phone] (Dean Hunkele, NCDEQ)
After Hours: [phone] (NC Emergency Operations Center)
Emergency Contact Information for the Town of Wrightsville Beach
Regular Hours: [phone] (Wrightsville Beach Town Hall)
After Hours: [phone] (Wrightsville Beach Police Department)
Emergency Contact Information for GVH
Regular Hours: [phone] (Charlie Wiggs, Grandview Onsite Manager)
[phone] (Chris Bailey and Amanda Rosen)
After Hours: [phone] (Charlie Wiggs, Grandview Onsite Manager)
[phone] (Chris Bailey and Amanda Rosen)
Step 2 - Coordination
Upon notification of an emergency situation involving the NEI in the vicinity of the GVH
Pier and Dock, GVH management shall immediately contact the Town's emergency
contact to coordinate steps to be taken to address any sewer line breach or other
emergency situation involving the NEI which may require action on GVH's part to allow
clear access to the NEI line for emergency inspection, maintenance or repairs as
determined by the Town.
Step 3 — Notification of other government agencies
The Town shall be responsible for notifying other necessary government agencies of any
incident of damage to the NEI including but not limited to New Hanover County and the
Cape Fear Public Utility Authority.
RECEIVED
MAY 2 2 2019
DCM-MHD CITY

Step 4 — Request by Town of Wrightsville Beach for Emergency Access to NEI
In the event the Town requires emergency access to the NEI in the vicinity of GVH Pier
and Dock, the Town shall call and, to the extent feasible under the circumstances, give
written notice to GVH management via the above -stated GVH emergency contact
information.
Step 5 — Emergency Access
Upon receiving notification from the Town that emergency access to the NEI is required:
1. GVH management shall notify all vessel owners at the owner's contact
number and email address that Town requires emergency access to the
GVH Pier and Dock Facility.
2. If the scope of the Town's emergency inspection, maintenance or repair
requires the removal of any vessels, GVH shall notify the owner of the
affected vessel accordingly, and the identified vessels shall either be
relocated to an unaffected boat slip (if available), or removed from the
GVH Pier and Dock.
3. GVH shall maintain a contract with Tow Boat US or a similar professional
and insured vessel -towing company with 24-hour, 7-day a week
availability. If any vessel owner fails to relocate or remove their vessel
from the GVH Pier and Dock in a timely matter, GVH or the Town may
contact GVH's professional towing company to have the owner's vessel
immediately removed at the vessel owners sole expense. GVH and the
Town shall not be liable for any damage caused to any removed or
relocated vessel.
Vessel Towing Company Contact Information:
Tow Boat US: [phone]; or,
Sea Tow: [phone]
4. Within 12 or fewer hours from notice by the Town, GVH shall remove any
removable section of the GVH Pier and Dock required for purposes of the
Town's emergency inspection, maintenance or repair work. If GVH fails to
timely remove any removable section required for the emergency
inspection or repairs, the Town may unilaterally move the required section
RECEIVED
MAY 2 2 ?"A
DCM-MHD CITY

at GVH's sole expense. The Town shall not be liable for its actions provided
sufficient advance notice is given to GVH and the Town acts in a reasonable
and non -negligent manner.
Step 6 — Completion of Repairs Upon notification by the Town of completion of the
inspection, maintenance or repairs, GVH shall coordinate with the Town for reassembly
of the removable pier and dock sections, and GVH shall notify vessel owners when they
may return their vessels to their boat slips.
Notice to GVH Pier and Dock Vessel Owners
GVH shall provide a copy of this response plan to all GVH Pier and Dock vessel owners and apprise
those vessel owners of the existence and general location of the NEI line in relation to the GVH
Pier and Dock. All GVH Pier and Dock vessel owners shall agree to the terms of this emergency
response plan, which shall be incorporated by GVH into any boat slip rental agreements.
RECEIVED
MAY 2 2 2019
DCM-NIHD CITY

V1
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' CAL7I0\ aLTIID ¢PTR PIPE'
I'1OMo CAMA Major Permit Application �'Y tl![ f novlaoflmzolr
G Grend Vre Community Boating FaalitY
' 202 Summer Rest Road, Wtimington. NC 1' _ wProposed N 0a M4ae
Yar-- — Emeon ILG aatg

EXHIBIT F
TOWN OF WRIGHTSVILLE BEACH EMERGENCY
RESPONSE PLAN
(Town of Wrightsville Beach Emergency Response Plan
on file with Wrightsville Beach Town Clerk)
RECEIVED
MAY 2 2 NIS
DCM-MHD CITY

EXHIBIT G
BOAT OWNER/OPERATOR RECEIPT AND ACKNOWLEDGMENT OF NORTHEAST INTERCEPTOR
SEWER LINE ("NEI") NOTIFICATION AND RESPONSE PLAN AND VESSEL REMOVAL POLICY
In addition to all terms, conditions and provisions to be contained in the proposed Grand View
Boat Slip Rental Agreement, the boat owner/operator ("Boat Owner/Operator") shall specifically
acknowledge and agree to the following terms and conditions regarding use of the Grand View
Holdings, LLC community boating facility located at 7205 Wrightsville Avenue / Summer Rest
Road, Wilmington, New Hanover County, NC:
1. Boat Owner/Operator understands that a portion of the Northeast Interceptor Sewer Line
("NEI") is located near and under a portion of the Grand View Luxury Apartments'
community pier and docking facility ("GVH Pier and Dock").
2. Boat Owner/Operator has been informed and is aware of the general location of the NEI
line in relation to the GVH Pier and Dock as shown on the exhibit attached hereto.
3. Boat Owner/Operator has received and read a copy of Grand View Holdings, LLC's
Northeast Interceptor Sewer Line ("NEI) Notification and Response Plan ("Response
Plan") and agrees to abide by the applicable requirements found in that Response Plan,
including the Emergency Response Procedure and vessel removal policy contained in that
Response Plan.
4. Boat Owner/Operator shall immediately notify the proper authorities and Grand View
management in the event of an incident causing damage or suspected damage to the NEI
or suspected wastewater discharge from the NEI in the vicinity of the GVH Pier and Dock.
ACKNOWLEDGED AND AGREED TO:
Boat Owner/Operator
Date
(Boat Owner/Operation Contact Information Sheet Attached) RECEIVED
MAY 2 2 2019
DCM-MHD CITY

Boat Owner/Operator Emergency Contact Information Sheet:
Name:
Address:
Mailing Address:
Email address:
Phone Number:
Emergency Phone Number:
Boat Slip No.
Make, model, length and year of boat:
Boat Owner/Operator agrees to promptly inform Grand View management of any changes to
the above -listed contact information.
ACKNOWLEDGED AND AGREED TO:
Boat Owner/Operator
Date
RECEIVED
MAY 2 2 2019
DCM-MHD CITY

0
n
r
�
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N
O
1
WLWSSA''
Figure 2.1 - Force Main
Location Map
NEI 1 ICW crossing
Town of Wrightsville Beach
HIGHFILL
INFRASTRUCTURE
ENGINEERING. VC

-414-
Technical Memorandum
Page 9
NEI I ICW Crossing Assessment
The 4- to 5-inch depth indicates one of the following actions!
• 2-3 feet of cover has been lost (to elevation -17.5)
the force main was installed shallower than designed
• a combination of the two
RECEIVED
MAY 2 2 2019
DCM-MHD CITY

,.Permit. Class
MODIFICATION/MINOR
(Per Settlement Agreement)
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
Permit Number
110-17
RF�F/�Ro
✓ 1A,
for ADC Is" 01,9
X Major Development in an Area of Environmental Concerri4f,4
pursuant to NCGS 113A-118 4? 017),
Excavation and/or filling pursuant to NCGS 113-229
Issued to Grand View Holdings, LLC, c/o Chris Bailey, PO Boa 400, Jacksonville, NC 28541
Authorizing development in New Hanover County at adi. to the AIWW, 202 Summer Rest Road,
Wilmington , as requested in the permittee's application letter dated 05/21/19, including
attached Settlement Agreement with Exhibits A-F all dated received at DCM MHC on 5/23/19.
This permit, issued on June 6, 2019 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
to tines, imprisonment or civil action; or may cause me permit to oe nun ana Vora.
1) Unless specifically altered herein, this Minor Modification authorizes the reconfiguration of the.
authorized docking facility, all as expressly and specifically set forth in the attached Settlement
Agreement and associated Exhibits A-F. Any additional land disturbing activities and/or construction
may require a modification of this permit. Contact a Division of Coastal Management representative
at [phone] for this determination.
2) Any portion of the existing authorized fixed pier crossing over the Town of Wrightsville Beach's
existing sub -aqueous NEI sewer force main shall be retrofitted to install bolted, removable sections
designed to provide improved access to the NEI line as specifically depicted on Exhibit A of the
settlement agreement.
(See Attached Sheet for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2020
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
V- 14
ttf- Braxton C. Mvis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pennittee

Grand View Holdings, LLC Permit No. 110-17
Page 2 of 3
ADDITIONAL CONDITIONS
3) A breakaway section within the floating dock structure shall be added as depicted in Exhibit B. of the
settlement agreement.
4) The breakaway sections of dock shall be constructed as depicted in Exhibits A and B of the settlement
agreement.
5) The piling identified by the Town of Wrightsville Beach's consulting engineer as being located
immediately adjacent to the NEI sewer force main, and as depicted in Exhibit C of the settlement
agreement, shall be removed or relocated. Should the removal of the piling be determined to be unsafe,
the permittee shall cut the existing piling off at the submerged bottom level.
6) Condition No. 13 of the original State Permit No. 11047 is hereby modified to require additional
warning and notice signage similar to the signage depicted in Exhibit D of the settlement agreement, as
set forth in the Settlement Agreement.
7) All newly installed pilings or pier/dock structures shall be installed a minimum of 24" from any portion
of the existing NEI sewer force mainline, as set forth in the Settlement Agreement.
8) Conditions No. 2 through No. 7 of this Minor Modification shall remain in force for the life of the
permitted structures, regardless of whether or not Major Permit No. 110-17,has expired, as set forth in
the Settlement Agreement.
9) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
10) This permit does not authorize the excavation or filling of any open water or wetland areas.
11) This Minor Modification be attached to the original of Permit 110-17, which was issued on 09/25/17,
and copies of both documents shall be readily available on site when Division personnel inspect the
project for compliance.
12) All conditions and stipulations of the active permit remain in force under this Minor Modification unless
specifically altered herein.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers assigned the proposed project Action ID No. SAW-2011-
00775.
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR-
2011-04100.

Grand View Holdings, LLC Permit No.110-17
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.
RECEIVED
JUN 19 2019
DC"-MHD CITy

1.
O.
Spears, Courtney
From:
Sent:
Goebel, Christine A
Wednesday, May 22, 2019 10:19 AM
To:
Spears, Courtney
Cc:
Lucasse, Mary
Subject:
FW: [External] Minor Modification Request, CAMA Permit No.
Holdings, LLC
Courtney -
It looks like attorneys
for WB and GV agree it's a typo. Proceed based on that understanding.
Thanksl
Christy
From: Matthew Nichols [mailto:[e-mail]]
Sent: Wednesday, May 22, 2019 10:17 AM
To: Goebel, Christine A <[e-mail]>
110-17, Grand View
Cc: Lucasse, Mary <[e-mail]>; Clark Wright <[e-mail]>; John Wessell
<jwessell@wessel I raney.com>
Subject: Re: [External] Minor Modification Request, CAMA Permit No. 110-17, Grand View Holdings, LLC
Thanks Christy, and I am sorry for my delayed response. I will look at this, but that sounds
right. Thanks. Matt
From: Goebel, Christine A <[e-mail]>
Sent: Tuesday, May 21, 2019 2:50 PM
To: Matthew Nichols
Cc: Lucasse, Mary; Clark Wright; John Wessell
Subject: FW: [External] Minor Modification Request, CAMA Permit No. 110-17, Grand View Holdings, LLC
Sorry Matt- I used your old email. Looping you in on this Grandview issue.
From: Goebel, Christine A
Sent: Tuesday, May 21, 2019 2:46 PM
To: John Wessell <[e-mail]>; Clark Wright <[e-mail]>;'Matt Nichols'
<[e-mail]>; Lucasse, Mary<MLucasse@ncdoi.¢ov>
Subject: FW: [External] Minor Modification Request, CAMA Permit No. 110-17, Grand View Holdings, LLC
Hi all -
I think DCM staff have found a typo in the settlement agreement. In Section IA of the agreement, it looks like where it
says condition 12 (re: signs), it should read condition 13 instead. See explanation below and let me know if that's
everyone's understanding as well. RECEIVED
Thanks -
Christy JUN 19 2019
DCM-MHD CITY

From: Spears, Courtney
Sent: Tuesday, May 21, 2019 2:43 PM
To:.Goebel, Christine A <[e-mail]>
Subject: RE: [External] Minor Modification Request, CAMA Permit No. 110-17, Grand View Holdings, LLC
Hi Christy,
In section I(A) of'tfie settlement agreement, where the modifications to the permit are described; number,5 states "That
condition 12 of the Permit be modified to_require additional' warning* and notice signage as depicted generally shown on
the attached Exhibit D;"
I believe that it should read condition 13 should be modified as it is the condition that discusses signage. Below are the
two conditions in full from State Permit No. 110-17 issued to Grandview Holdings, LLC.
12) If at any time during construction it is suspected that the Town of Wrightsville Beach's Northeast
Interceptor sewer line (NEI) has been disturbed, the permittee shall immediately cease
construction activities and contact the Town of Wrightsville Beach, and the Division of Marine
Fisheries, Shellfish Sanitation and Recreational Water Quality and the Division of Water
Resources. Both agencies can be contacted at [phone].
13) Measures should be taken to protect the NEI from any incidental impacts from facility use. At a
minimum, signs indicating the presence of the NEI, "no anchor" signs, and contact information
for the Town shall be posted on site directing immediate notification of the Town of Wrightsville
Beach should it be suspected that a vessel has contacted the NEI.
Thank you,
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
910 796 7426 office
courtnev.soears(a)ncdenr:gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
From: Goebel, Christine A
Sent: Tuesday, May 21, 2019 11:01 AM
To: Huggett, Doug <doug.huggett(@ncdenr.gov>; Spears, Courtney <[e-mail]>
Cc: Davis, Braxton C <[e-mail]>
Subject: FW: [External] Minor Modification Request, CAMA Permit No. 110-17, Grand View Holdings, LLC
FYI
From: Nikki Cooper[mailto:[e-mail]
Sent: Tuesday, May 21, 2019 10:52 AM
To: Mary Lucasse <[e-mail]>; Goebel, Christine A <[e-mail]>; John Wessell
<[e-mail]>; Clark Wright <[e-mail]>; Morrison, Stephen <[e-mail]>

1 A4 .t
Cc: Matthew Nichols <[e-mail]>
Subject: [External] Minor Modification Request, LAMA Permit No. 110-17, Grand View Holdings, LLC
All:
Please find attached a copy of the above referenced CAMA Permit Modification Request that we haVe mailed
via FEDEX to Doug Huggett, Manager -Major Permits, Division of Coastal Management today.
Thank you,
Nikki Cooper
Paralegal
Law Office of Matthew A. Nichols
3205 Randall Parkway, Suite 104
Wilmington, NC 28403
Ph: [phone]
CM MH® C17.
v

we
STATE, OF NORTH CAROLINA
COUNTY OF NEW HANOVER
TOWN OF WRIGHTSVILLE BEACH,
Petitioner,
V.
COASTAL RESOURCES COMMISSION and )
GRAND VIEW HOLDINGS, LLC, )
Respondents. )
IN THE GENERAL COURT OF JUSTICE
SUPERIOR.COURT DIVISION
17" CVS 004392
SETTLEMENT AGREEMENT
This Agreement is entered into by Petitioner Town of Wrightsville Beach ("Petitioner" or
"Town"); Respondent Coastal Resources Commission ("CRC" or 'Commission'); Respondent
Grand View Holdings, LLC ('GVH' or "permitte) (hereinafter, collectively referred to as the
"Parties"); and non-party the North Carolina Division of Coastal Management, the delegated
CAMA permitting agent of Respondent CRC, ("DCM") (hereinafter these four entities may be
collectively referred to as the 'Parties to the Agreement').
This Agreement is entered into for the purpose of fully and finally compromising, settling
and resolving: r) all claims relating to DCWs issuance of CAMA Major Permit No. no-i7
("Permit') which authorizes the addition of floating docks with eight slips and a gazebo to an
existing a -slip private docking facility extending from GVH's riparian property located at aoa
Summer Rest Road in Wrightsville Beach, New Hanover County, North Carolina (the "Site"); and
z) all claims raised in Petitioner's Petition for Judicial Review appealing the Commission's denial
of Petitioner's Third Party Hearing Request to challenge the Permit in the Office of
Administrative Hearings, filed as 17 CVS oo439a in New Hanover County Superior Court.
Agreements between Petitioner Town and Respondent GVH.
The following agreements are made solely between the Town and GVH who contract,
settle, and agree as follows: RECEIVED
RECEIVED
MAY 2 0 2019
JUN 19 2019
MP SECTION WIRO
DCM-MHD CITY

modifications to the Permit:
L That a permit condition be added to the Permit requiring that any portion
of the existing foxed pier and docks crossing over the Townes existing sub -aqueous .
NEI sewer force main be retrofitted to install bolted, removable sections designed,
to provide improved access to the NEI line as specifically shown on ExhibitA;
a That a permit condition be added to the Permit requiring the addition of a
breakaway section within the floating dock structures as shown on attached
Exhibit B;
3. That the modified CAMA Permit as issued Incorporate the drawings
provided as attached ExhibitsA and B showing the location ofthe breakaway
sections on the existing and proposed development,
4. That the modified CAMA Permit as issued incorporate the drawing
provided as attached Exhibit C showing the location of the existing pier pylon to
be removed as described hereinafter. Further, that the Permit be modified to
require removal or relocation of the existing piling identified • by the Town's
consulting engineer as being located immediately adjacent to the NEI sewer force
main. Options for removal may include cutting the existing piling off at
submerged bottom level if it cannot be safely removed. Exhibit C described above
is attached and identifies such piling;
g. That condition = of the Permit be modified to require additional warning
and notice signage as depicted generally shown on the attached Exhibit D;
6. That the Permit be modified to require that all newly installed pilings or
pier/dock structures be installed at least 24 inches from any portion of the existing
NET sewer force mainline; and
7. That the Permit be modified to state that all of the permit modifications
described in this Section I(A) shall remain in force for the life of the permitted
structure, regardless ofwhether or not the CAMA permit has expired
B. The Town and GVH agree that GVH will complete the work described in
paragraphs Ai and Aa within 6o days after issuance by DCM of the modified CAMA permit, or as
soon thereafter as is reasonably practicable, but in no event more than iBo days after issuance of
the modified permit. In addition, the Town and GVH agree that the removal described in
paragraph A;4 above shall he completed within 3o days of issuance by DCM of the modified
V
2

CAMA permit, or as soon thereafter as is reasonably practicable; but in no event more than i8c,
days after issuance of the modified permit.
C. The Town and GVH have each prepared individual Emergency Response Plans
('ERPs') and have provided these plans to the other Parties to this Agreement. The Town's and
GVH's ERPs are attached respectively as Exhibits E and F. In summary, the ERPs include
contact information for the Town and GVH identifying whom to call if the Town requires
emergency or routine access to the NEI sewer force main, procedures to be used in the case of
routine maintenance or in the case of a sewer line breach or other emergency situation, the
notice to be provided to vessel owners using GVH's docking facility, and contact information for
other potentially involved government agencies, including but not limited to New Hanover
County, Cape Fear Public Utility Authority, NC Division of Water Resources, NC Division of
Emergency Management, NC Department of Environmental Quality, the Coast Guard, the
United States Army Corps of Engineers, and the U.S. Environmental Protection Agency. The
Town and GVH may revise their ERPs as needed to update information including but not limited
to contact information. Any time an ERP is revised, the updated copy will be provided to the
contact person identified by the Parties in writing as the person to receive the ERP and to DCM
[Specific address/contact/email for each agency to be provided by the Town], provided that any
updated ERP shall contain at a minimum the information identified in this paragraph.
D. The Town and GVH agree that the Town shall call and provide written notice to
the contact person identified by GVH in its ERP if the Town requests that any portion of the
permitted docking facility be removed to allow for emergency repairs, routine repairs,
maintenance, and/or inspection or replacement work GVH and the Town agree that in
emergency situations, verbal notice to GVH shall be sufficient if the Town cannot locate an
appropriate agent or representative of GVH after using good faith efforts. RECEIVED
MAY 2 0 2019
RECEIVED MP SECTION Wlt'O
JUN 19 2019
DCM-MHD CITY°

shall remove the necessary portion of the structure within zz or fewer hours. In non -emergency
situations, GVH shall remove the necessary portion(s) of the bolted/removable portions of the
permitted facility as shown on Exhibits A and B within m business days after receiving notice
from the Town requesting such as necessary to allow the Town access the NEI sewer line. The
Town shall identify with specificity the portion(s) ofthe permitted facility requiring removal as
shown on Exhibits A and B, and shall also provide notice to DCM within a reasonable time
period.
F. The Town and GVH agree that the same notice and removal provisions described
in paragraph E above shall apply to removal or relocation of any boats or other vessels tied up or
otherwise occupying GVH's piers, docks or slips. Specific language regarding such removal
procedures is contained in the attached Exhibit G and will be provided by GVH to any person
who leases a slip at its pier or dock. Exhibit G also shall include Figure 2.1(aerial photograph) as
contained in the HighFiill Technical Memorandum, dated September 2a, zor7, depicting the
current location of the NEI sewer line relative to the existing piers and docks.
G. The Town and GVH agree that the Town will use Its best efforts to avoid high boat
use seasons,.weekends, and/or holidays for routine maintenance activities.
H. The Town will use its best efforts to coordinate in advance with GVH (if possible)
to identify portions of the removable sections described in attached Exhibits A and B to be
removed in order for the Town's inspection, repair, replacement and/or maintenance activities to
be performed. Replacement shall refer to replacement of the existing NEI sewer force main in its
current location.
4

1. if access is not provided in the time repaired folloviipg notice, GVH agie�s that the '
Town may take reasonable unilateral steps to gain access to the sewer line, including the removal
of breakaway sections of the pier/dock/slips and the relocation of any boats or vessels.
The Town and GVH agree that all work performed by or on behalf of the Town on
or around pemrittee's dock will be performed by competent, licensed and insured professionals,
and shall be diligently pursued to completion in a timely manner that minimizes any
interference and inconvenience to the permittee and its tenants, lessees, owners or other
authorized users of the permitted facility.
K. Except as otherwise provided in this Agreement, the Town and GVH agree that all
work performed by the Town shall be at the Town's expense with the exception that any costs or
expenses associated with removing and replacing the bolted removable sections of the permitted
facility and relocating, removing and replacing any boats or other vessels shall be borne by GVH.
Should the Town have to accomplish any such removal actions unilaterally, GVH shall promptly
reimburse the Town for such reasonable and actual costs upon presentation to GVH by the Town
of documentation of such costs. All costs shall be typical as to work and services performed in
New Hanover County. Under no circumstances shall the Town be responsible for replacing any
portions of the pier that are removed or returning any boats or other vessels that are removed.
1.. The Town and GVH agree that as used throughout this Agreement, references to
the inspection, monitoring, repair and/or replacement of the W line or portions thereof shall
only apply and refer to the currently existing NEI line and not any new or additional line(s).
M. The Town and GVH agree that the Town shall not cause any materialmen's or
mechanic's liens to be placed on GVH's/permittee's property and shall promptly bond and cause
to be removed any such liens for work or materials resulting from the actions of the Town
Provided that nothing contained in this section M shall be construed to limit or diminish the
RECEIVED
JUN 19 2019
OCM-MND CITY

N. The Town and GVH agree that to the extent feasible and safe, permittee shall.be
allowed to install, at its sole cost, a temporary means of crossing over removed pier sections as .
shown on Exhibits A and B (eg., temporary aluminum ramp) to allow permittee and its tenants
or unit owners to continue to use the pier/dock/slips structures and other portions of pemAttee s
property, provided the same does not unreasonably interfere with any work being performed on
said portions of the NE sewer force main, by or on behalf of the Town.
O. GVH agrees to cooperate with the Town regarding any future relocation of the NE
sewer force main, line capacity expansion, or second sewer line location provided it does not
interfere with permittee's existing or future use of its property or the permitted docking facility,
including riparian rights as previously determined by NCDEQ-DCM and other applicable
governmental agencies and reflected in the current Permit.
P. In the event Respondent GVH modifies the existing piers and docks in accordance
with this agreement and provisions of any modified CAMA permit issued by DCM, within 6o
days of project completion GVH will provide the Town and DCM with a revised as -built survey
showing the location of all newly constructed portions of the permitted facility, including but
not limited to installation of the removable or breakaway sections (see Exhibits A and B) and
the new floating docks and slips. In such event, a copy of the as -built survey will be attached to
and incorporated in Exhibit G.
Q., Respondent GVH agrees to install bolted, removable sections on the existing fixed
dock as set forth in Exhibit and cut the existing piling which is identified in Exhibit C
regardless of whether Respondent GVH constructs the other development authorized by the
current Permit or any subsequently issued modified permit and regardless of whether DCM
issues the modified permit.
1 6

IL ' Within 3o days of the date of this Agreement, and without airy admission of
liability, GVH agrees to donate the sum of si,000.00 to the Wrightsville Beach Museum of
History.
S. GVH expressly represents that all of the terms of the Settlement Agreement
comply with all provisions contained in the Articles of Incorporation of its sole Managing
Member, Grand View SPE Member, Inc., recorded with the Office of the North Carolina
Secretary of State on o6-29-r7 [C2or7-173-oo378], and with all provisions of its operating
agreement, and the bylaws of its sole Managing Member, Grand View SPE Member, Inc.
H. All Parties to this Agreement further contract, settle, and agree as follows:
The following agreements are entered into between Petitioner Town, Respondent GVH,
Respondent Commission, and non-party DCM. The Parties to this Agreement contract, settle, and
agree as follows:
A. By signing this Agreement, non-party DCM agrees that in considering the request
for modification of the Permit, it shall make its decision according to applicable law and
regulations. DCM further agrees it will make its permit decision within 3o days of receiving a
complete application requesting modification of the Permit from GVH.
B. Respondent CRC and non-party DCM state that they have not identified any legal
provisions, CAMA use standards or other governing statues or rules that would prohibit issuance
of a modified CAMA Permit as provided for in this Agreement
C. The Town agrees not to appeal or otherwise challenge, directly or indirectly,
GVH's permit modification request or DCM's decision on the request, as long the request and
DCM's decision are consistent with the terms of this Agreement Nothing herein shall be
construed to modify or limit the Town's legal rights to challenge any provisions contained in arty
modification to the Permit which are contrary to, or outside of, the terms of this Agreement If for
any reason, DCM does not grant GVH's modification request, then the terms of this 1�hutED
RECE.IVEC MAY 2 0 2019
JUN 19 2019 MP SECTION WIRO
DCM-MHD CITY

modification request
D. This Agreement contains the entire agreement between the Parties concerning the
Permit and the Petition for Judicial Review. There are no other terms than those expressly set
forth in this Agreement The agreements and considerations contained in this Agreement are
NOT severable.
E: The Agreement represents a compromise of disputed claims and by entering into
this Agreement, the Parties do not admit or concede the merits of any issue.
F. In executing this Agreement, the Parties to this Agreement acknowledge that they
have had the opportunity to consult with and be advised by an attorney of their choosing, that
they fiiliy understand and are satisfied with the teems of this Agreement which represent a full
and fair settlement of the issues related to the Permit and the Petition for Judicial Review, and
that they have executed this Agreement freely, after independent investigation and without fiaud,
duress, or undue influence.
G. Each of the Parties has had the opportunity to participate fully, and to be fiilly and
competently represented in the negotiation and drafting of this Agreement. Accordingly, the
parties agree that any rule of construction of contracts resolving any ambiguities against the
drafting party shall not apply to this Agreement The language in all parts ofthis Agreement shall
be construed as a whole according to its meaning and not strictly for or against any of the Parties.
H. Each Party to this Agreement represents and confirms that the person executing
the Agreement on its behalf has the authority to enter into this Agreement
I. This Agreement shall be binding on all Parties to the Agreement, their agents,
assigns, successors, and transferees and is governed by the laws of the State of North Carolina.
8

J. Each Party to this Agreement shall bear its own attorney fees and costs, including
those costs previously incurred in any way related to the subject matter of this Agreement. Each
Party shall bear its own costs for future actions required by this Agreement as set forth herein.
K. Within ten days of the effective date of this Agreement, Petitioner Town shall file a
dismissal with prejudice of its Petition for judicial Review,17 CVS oo4392., fled in the General
Court of Justice of New Hanover County, Superior Court Division.
L This Agreement shall be binding on the undersigned parties and is governed by
the Laws of the State of North Carolina. All of the Parties agree that the terms and conditions of
this Agreement may be enforced through the filing of a motion in the cause or similar motion in
this action,17 CVS 4392. in New Hanover County or through other proceedings necessary to
enforce this Agreement In the enforcement of any provisions of this Agreement, the Court shall
retain and may exercise its full contempt powers. All of the Parties to the Agreement consent to
the jurisdiction of said Court All of the parties to the Agreement further consent to the Court's
continuing authority to enforce the terms of the Agreement
M. One or more Parties may execute this Agreement on different dates, and on
separate signature pages. This Agreement may be executed in duplicate originals, any of which
are equally binding on all Parties. All Parties agree that, regardless of actual date(s) executed,
this Agreement shall be deemed effective as of the Loth day of May, zotq. (Signatures begin
on the following page.]
RECEIVED
JUN 19 2019
0C1W-MN0
CIT y
RECEIVED
MAY 2 0 2M9
MP SECTION WIRO

P�itioner TgSyu ofW aeh
flespondem(oaefalResomoeyCommission
Hkaa
K * -Cahoon
hs Mayor
RC Chi*SW
APIF?
Approved asta form:
I:.Cl A Wrighy)r„ Iss ,
Mary L bicasse
N.0 Bar No. m63
Speaal DepuoyAtmmey General
N.0 Bar NO.39153
For the Fisnof
Davis Harbm 1Afn& LLC
zo9 Pollock $ate.
N.0 DV3rtmmt 4flusdm— Bnv. Div.
New Bern, NC a656o
Pa BOX 629
Raleigh, NC 276oa
Telephone: (za5}y,a-294 E� k
Telephone: (9i9).W6696a
Fable: (Xi9):94-9878
Far: (9k9) 7m-7t6-b
email: LQ99d6.Nteoateo o
ema7• Itwlu cdoi.Qav
CMW&dfm•
CDumelfor
Winer Town ofwwghftm*el%aeh
Ropondent CDagdPWOW O Commission
NC Division of Coastal Management
Bp Braxton C Davis
Itm.Exemdve Diremor
Approved as to form:
OTIOUMA. Goebel.A=stantGwmW Couk>sel
N.C. Bar. No. 272M
N.0 DepaztmentofEm*onmentatQua$ty
26mMailsemee'Ceater
Raleigh, NC a769g-iGot
Telephones .919 85%
email Christine Goebel@ncdenngov
Counseljor
NCDh&;ion ofCoastolMonagemmt
�r
i

Petitioner Town of Wrightsville Beach
By: William J. Blair
Its: Mayor
Approved as to Form:
1. Clark Wright, Jr., Esq.
N.C. Bar No. m63
For the Firm of
Davis Hartman Wright LLC
209 Pollock Street
New Bern, NC 2856o
Telephone: (225) 514-z828, Ext. i
Facsimile: [phone]
email: icwc)dhwlegal.com
Counsel for Petitioner
Town of Wrightsville Beach
Res onde t Coastal Resources Commission
By: M. Renee Cahoon,
Its: Chair
4pe torasseuty Attorney General
N.C. Bar No. 39153
N.C. Department of Justice - Env. Div.
P.O. Box 629
Raleigh, NC 27602
Telephone: [phone]
Fax: [phone]
email: mlucasseCa-ncdoi.gov
Counsel for Respondent
Coastal Resources Commission
Respondent Grand View Holdings, LLC NC Division of Coastal Management
By: Bailey & Fuller Properties, LLC,
Managing Member of Grand View
Holdings, LLC
By: Christopher W. Bailey, President of
Bailey and Associates, Inc., Managing
Member of Bailey & Fuller Properties, LLC
Approved as to form:
Matthew A. Nichols, Esq.
N.C. Bar No, 23403
Law Office of Matthew A. Nichols
3205 Randall Parkway, Suite 104
Wilmington, NC 28403
Telephone: (9ro)5o8-7476
email: [e-mail]
Counsel for Respondent
Grand View Holdings, LLC
By: Braxton C. Davis
Its: Executive Director
Approved as to form:
Chnstine A. Goebel, Assistant General Counsel
N.C. Bar No. 27z86
N.C. Department of Environmental Quality
16or Mail Service Center
Raleigh, NC z7699-r6or
Telephone: 919-7o7-8554 RCE�V�O
email: [e-mail] FCF/V1�O
JU i' 9
Counselfor y
NC Division of Coastal Management Csm*H19 2019
O
RECEIVE PpNO C ClrTY
to
MAY 2 0 2019
MP SECTION WIRO

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JOHN AND ELIZA BLACKWELL LLC
GREENSBORO, NC 27401
R05714-002-005-000
GRAND VIEW HOLDINGS LLC
JACKSONVILLE, NC 28541
R05714-004-012-000
APRIL 2017
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,RECEIVED
"IN 19 2019
DCIy.MHD CjrV
RECEIVED
MAY 202019
MP SECTION WIRO

General Information
This document is intended to provide Grand View Holdings, LLC ("GVH"), GVH management, and
the staff, tenants, residents, vessel owners, guests and other users of the community pier and
docking facility at the Grand View Luxury Apartments (the "GVH Pier and Dock") located at 7205
Wrightsville Avenue / 202 Summer Rest Road, Wilmington, NC, direction in the event of:
1. Routine inspection, maintenance and repair of the NEI sewer line in the vicinity of
the GVH Pier and Dock by the Town of Wrightsville Beach ('Town") or the
owner/operator of the NEI sewer line; and,
2. Emergency inspection, maintenance and repair of the NEI sewer line in the vicinity
of the GVH Pier and Dock by the Town or the owner/operation of the NEI sewer line
in the event of damage or suspected damage to the NEI.
Sisnase
GVH will install and maintain signage indicating the presence.of a submerged NEI sewer line in
the locations depicted on Exhibit "1" attached hereto ("Sign Exhibit"). These signs will include
emergency contact information to be used in the event of damage or suspected damage to the
NEI, or suspected wastewater discharge from the NEI in the vicinity of the GVH Pier and Dock.
Routine Maintenance Procedure
The following procedure shall be followed in the event the Town notifies GVH that it requires
access to the NEI in the vicinity of the GVH Pier and Dock for routine inspection, maintenance or
repair not involving an emergency: -
1. Upon receiving notification from the Town, GVH management shall notify
all vessel owners at the owner's contact number and email address that
the Town requires access to the GVH Pier and Dock Facility.
2. If the scope of the Town's planned inspection, maintenance or repair
requires the removal of any vessels, GVH shall notify the owner of the
affected vessel accordingly, and the identified vessels shall either be
relocated to an unaffected boat slip (if available) or removed from the GVH
Pier and Dock within 10 days.

3. GVH shall maintain a contract with Tow Boat US or a similar professional
and insured vessel -towing company with 24-hour,.7-day a week
availability. If any vessel owner fails to relocate or remDJe their vessel
from the GVH Pier and Dock in a timely matter, GVH or the Town may
contact GVH's professional towing company to have the owner's vessel
immediately removed at the vessel owner's sole expense. GVH and the
Town shall not be liable for any damage caused to any removed or
relocated vessel.
Vessel Towing Company Contact Information:
Tow Boat US: [phone]; or,
Sea Tow: [phone]
4. Within 30 days notice from the Town, GVH shall remove at GVH's expense
any removable section of the GVH Pier and Dock required for purposes of
the Town's planned maintenance or repair work. If GVH fails to remove
any removable section required for the maintenance or repair, the Town
may unilaterally move the required section at GVH's expense. The Town
shall not be liable for its actions provided sufficient advance notice is given
to GVH and the Town acts in a reasonable and non -negligent manner.
S. Upon notification by the Town of completion of the inspection,
maintenance or repairs, GVH shall coordinate with the Town for
reassembly of the removable pier and dock sections, and GVH shall notify
vessel owners when they may return their vessels to their designated boat
slips.
Emergency Response Procedure
The following procedure shall be followed in the event of an incident causing damage or
suspected damage to the NEI or suspected wastewater discharge from the NEI in the vicinity of
the GVH Pier and Dock:
Step 1 - Reporting: Any GVH employee and any Grand View resident, vessel owner or
their invitees, guests and other users of the GVH Pier and Docking facility who is involved
in an incident related to damage or suspected damage to the NEI in the vicinity of the
GVH Pier and Dock, or has otherwise been informed of such damage or suspected
damage, shall first immediately contact 911 emer n response andRS00l�15ident
JUN 19 20i9
MAY 2 0 2019
DCM-MHD CITY MP SECTION WIRO

After Hours: [phone] (NC Emergency Operations Center)
Emergency Contact Information for the Town of Wrightsville Beach
Regular Hours: [phone] (Wrightsville Beach Town Hall)
After Hours: [phone] (Wrightsville Beach Police Department)
Emergency Contact Information for GVH
Regular Hours: [phone] (Charlie Wiggs, Grandview Onsite Manager)
[phone] (Chris Bailey and Amanda Rosen)
After Hours: [phone] (Charlie Wiggs, Grandview Onsite Manager)
[phone] (Chris Bailey and Amanda Rosen)
Step 2 - Coordination
Upon notification of an emergency situation involving the NEI in the vicinity of the GVH
Pier and Dock, GVH management shall immediately contact the Town's emergency
contact to coordinate steps to be taken to address any sewer line breach or other
emergency situation involving the NEI which may require action on GVH's part to allow
clear access to the NEI line for emergency inspection, maintenance or repairs as
determined by the Town.
Step 3 — Notification of other government agencies
The Town shall be responsible for notifying other necessary government agencies of any
incident of damage to the NEI including but not limited to New Hanover County and the
Cape Fear Public Utility Authority.

Step 4 — Request by Town of Wrightsville Beach for Emergency Access to NEI
In the event the Town requires emergency access to the NEI in the vicinity of.GVH Pier .
and Dock, the Town shall call and, to the extent feasible under the circumstances, give
written notice to GVH management via the above -stated GVH emergency contact
information.
Step S — Emergency Access
Upon receiving notification from the Town that emergency access to the NEI is required:
1. GVH management shall notify all vessel owners at the owner's contact
number and email address that Town requires emergency access to the
GVH Pier and Dock Facility.
2. If the scope of the Town's emergency inspection, maintenance or repair
requires the removal of any vessels, GVH shall notify the owner of the
affected vessel accordingly, and the identified vessels shall either be
relocated to an unaffected boat slip (if available), or removed from the
GVH Pier and Dock.
3. GVH shall maintain a contract with Tow Boat US or a similar professional
and insured vessel -towing company with 24-hour, 7-day a week
availability. If any vessel owner fails to relocate or remove their vessel
from the GVH Pier and Dock in a timely matter, GVH or the Town may
contact GVH's professional towing company to have the owners vessel
immediately removed at the vessel owners sole expense. GVH and the
Town shall not be liable for any damage caused to any removed or
relocated vessel.
Vessel Towing Company Contact Information: RECEIVED
Tow Boat US: [phone]; or,
JUN 19 2019
Sea Tow: [phone]
DCM-MHD CITY
4. Within 12 or fewer hours from notice by the Town, GVH shall remove any
removable section of the GVH Pier and Dock required for purposes of the
Town's emergency inspection, maintenance or repair work. If GVH fails to
timely remove any removable section required f db. Mrgency
inspection or repairs, the Town may unilaterally moveitt eelrequired section
MAY 2 0 7019
MP SECTION WIRO

atGVl{`s sole expense TheTowr► shall'not be llable for its actwns provided
s.
sufftcient advance dpUcg is given tQ taVH;antl theTown acts;n a reaiso'nable
- and non -negligent manner.
Step 6 — Completion of Repairs Upon notification by the Town of completion of the
inspection, maintenance or repairs, GVH shall coordinate with the Town for reassembly
of the removable pier and dock sections, and GVH shall notify vessel owners when they.
may return their vessels to their boat slips.
Notice to GVH Pier and Dock Vessel Owners
GVH shall provide a copy of this response plan to all GVH Pier and Dock vessel owners and apprise
those vessel owners of the existence and general location of the NEI line in relation to the GVH
Pier and Dock. All GVH Pier and Dock vessel owners shall agree to the terms of this emergency
response plan, which shall be incorporated by GVH into any boat slip rental agreements.
7,1

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(Town of Wrightsville Beach Emergency Response Plan
on file with Wrightsville Beach Town Clerk)

EXHIBIT G
BOAT OWNER/OPERATOR RECEIPT AND ACKNOWLEDGMENT OF NORTHEAST INTERCEPTOR
SEWER LINE ("NEI") NOTIFICATION AND RESPONSE PLAN AND VESSEL REMOVAL POLICY
In addition to all terms, conditions and provisions to be contained in the proposed Grand View
Boat Slip Rental Agreement, the boat owner/operator ("Boat Owner/Operator") shall specifically
acknowledge and agree to the following terms and conditions regarding use of the Grand View
Holdings, LLC community boating facility located at 7205 Wrightsville Avenue / Summer Rest
Road, Wilmington, New Hanover County, NC:
1. Boat Owner/Operator understands that a portion of the Northeast Interceptor Sewer Line
("NEI") is located near and under a portion of the Grand View Luxury Apartments'
community pier and docking facility ("GVH Pier and Dock").
2. Boat Owner/Operator has been informed and is aware of the general location of the NEI
line in relation to the GVH Pier and Dock as shown on the exhibit attached hereto.
3. Boat Owner/Operator has received and read a copy of Grand View Holdings, LLC's
Northeast Interceptor Sewer Line ("NEI) Notification and Response Plan ("Response
Plan") and agrees to abide by the applicable requirements found in that Response Plan,
including the Emergency Response Procedure and vessel removal policy contained in that
Response Plan.
4. Boat Owner/Operator shall immediately notify the proper authorities and Grand View
management in the event of an incident causing damage or suspected damage to the NEI
or suspected wastewater discharge from the NEI in the vicinity of the GVH Pier and Dock.
ACKNOWLEDGED AND AGREED TO:
Boat Owner/Operator
RECEIVED
JUN 19 2019
DCM-MHD CITY
Date
RECEIVED
(Boat Owner/Operation Contact Information Sheet Attached)MAY 2
0 2019
MP SECTION WIRO

Name:
Address:,
Mailing Address:
Email address:
Phone Number:
Emergency Phone Number:
Boat Slip No.
Make, model, length and year of boat:
Boat Owner/Operator agrees to promptly inform Grand View management of any changes to
the above -listed contact information.
ACKNOWLEDGED AND AGREED TO:
Boat Owner/Operator Date

JUIV 1 D cuiJ
DCM-MHD CITY

2z3 fiv of coier has
■ the. _force ma#.t..w gmUawer'd . um demfme&
qgsWWled

mo C
MEMORANDUM OF AGREEMENT
Prepared by and return to: John C. Wessell, III, Attorney at Law, 23 Shore Drive, Wrightsville
Beach, N.C. 28480
NORTH CAROLINA
NEW HANOVER COUNTY
The Town of Wrightsville Beach, N.C. and Grand View Holdings, LLC have, along
with other parties, entered into a binding Settlement Agreement, with an effective date of May 10,
2019, entitled "Town of Wrightsville Beach, Petitioner v. Coastal Resources Commission and
Grand View Holdings, LLC, Respondents — Settlement Agreement," the terms of which affect
certain real property conveyed to Grand View Holdings, LLC by General Warranty Deed dated
November 21, 2013, recorded beginning at Book 5783 at Page 2406, New Hanover County
Registry.
The provisions set forth in the above -referenced Settlement Agreement are
incorporated by reference in this Memorandum of Agreement as if fully set forth herein.
RECEIVED
SIGNATURES ON NEXT PAGE
JUN 19 20`9
DCM-MHD CITY
RECEIVED
MAY 2 0 ?019
MP SECTION WIRO

BY,'
William l.,11lairM,Maydr
to
BY:
NORTH CAROLINA.
NEWHANOVERCOUM
1, thO, uncidrsip
9RANWVJEW-130LDINGSjLjLC:-
kblic of thet
ifid, "State, certify .that
authority, duly given and as: the act of uch:entity,:he siped-the roregoin 'Wstrument I in its-nan
its behalf, as,.iti act and deed:. 9
WITNESS,my hand_ancfblotariqlstarnp or se,al'this _day pfMqy,,2Q19;
,Notary-Publi!4
My-cohunissiofi. e#frds:
NotdryfsTrinted 6r Ty*-Naine
(AFFIX STAMP. OR SEAL)

STATEOFr
COUNTY.r. .
1, the undersigned Notary Public of the County and State aforesaid, certify that
WARREN G. BAILFY personally came before me this day and acknowledged that he is the
President of GRAND VIEW SPE MEMBER, INC., the sole Manager of GRAND VIEW
HOLDINGS, LLC, a limited liability company, and that by authority duly given and as the act of
such entity, he signed the foregoing instrument in its name on its behalf as its act and deed.
WITNESS my hand and Notarial stamp or seal this r5 day of May, 2019.
NotaryPublic
My commission expires:
/'.
Da (�
Notary's Printed or Typed Name
(AFFIX STAMP OR SEAL)
%
O �ueuG 2
RECEIVED
JUN 19 1
[)CM-MHD CITY
RECEIVED
MAY 2 0 2019
MP SECTION WIRO

�GLtS�•
.. rd'��CiLj (f.l�.•� ,

M Hu
UNANIMOUS WRITTEN CONSENT
OF
GRAND VIEW SPE MEMBER, INC.
TO
ACTION WITHOUT MEETING
GRAND VIEW SPE MEMBER, INC. ("The Company"), a North Carolina Corporation
that is the sole acting Manager of Grand View Holdings, LLC, does now adopt the following
resolution by authority of The Company's President, Warren G. Bailey, and by the execution of
this Consent by The Company's said authorized officer, The Company further waives any and all
formalities regarding notice of time, date, place and purpose of meeting.
APPROVAL OF SETTLEMENT AGREEMENT
RESOLVED, that the Settlement Agreement having an effective date of May 10, 2019
among the Town of Wrightsville Beach, N.C., the Coastal Resources Commission and Grand
View Holdings, LLC in case number 17 CVS 004392 filed in Superior Court, New Hanover
County, N.C., a copy of which is attached and incorporated by reference, be and the same is now
fully approved, and Grand View SPE Member, Inc., the sole acting Manager of Grand View
Holdings, LLC, is authorized and directed to execute the same, and any other required
documents for and on behalf of The Company and on behalf of Grand View Holdings, LLC.
Effective this the -E day of May, 2019.
GRAND VIEW SPE MEMBER, INC.
I"
G.
RECEIVED
JUN 19 2019
DCM-MHD CITY
RECEIVED
MAY 2 0 2019
MP SECTION WIRO

L, r 4/ T I A F, I * !E E, .14 R 1': E
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FM PARTIALLY EXPOSED (TOP 15X-25%). Breakmwval'-1 B1 iV*�N,
I
4/
if p
ILI
ANCHOR BLOCK DEPTH
APPROX. 5'-6' DEEP.
iANCHOR BLOCK
SURVEYED APRIL 2017
PLUG VALVE SURVEYED
APRIL 2017
0
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Fixed Dock rossi
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PIER PILINGS DRIVEN WITHIN
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etachment
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EXHIBIT
im
a� W
I `•
t
W
0ECEI VED
0 JUN 19 2019
DCM-MHD Cln,
L,/ w
DLFCEIVED
CL Q gY 212019
_ 6UPTION WIRO
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RmPW Run �+ul
Crmk C nrwl
R,.o an COTaor Lmd _
Mparan Ca m�!R,W.k
RPY-0a 5m ,Lmv (NEI)
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Reee: CAVA LIUI P1,IndAPP:..aon g4 •.,JtenP,e P6aOVJ�•J
Grans Vwr Commun.ly acal', Featly
_ 7D15um•ncr ito IRoatl lJimirglM, AC " 1 =w G:.A
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low
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AllH$
SEWER MM
LINE WCAUTION
BEFORE 11 Q01
EXCAVATING OR TO
REPORT AND
EMERGENCY CALL
[phone]

m inioremm
SUBMERGED
PIPELINE
(SHALLOW WATER)
DO NOT ANCHOR
OR DREDGE
GAS PIPELINE CROSSING
0 TEXAS EASTERN TRANSMISSION, LP Q
rill:*;;'
CALL OR 1.800.231.7794
(RECEIVED
JUN 19 2019
DCM-MHD CITY
RECEIVED
MAY 2 12019
MP SECTION WIRO

SEWER
PIPELINE
UEt ORE O•GCJ%a OR
M AN EYE Rol NCY
CALL
i ! !
BEFORE DIGGING OR
IN AN EMERGENCY
CALL
custom mama
and phone numbot
RECEIVED
JUN 19 2019
DCM-MHD CITY
RECEIVED
MAY 2 120119
MP SECTION WIRO

j EXHIBR
i
GRAND VIEW HOLDINGS, LLC
Northeast Interceptor Sewer Line ("NEI") Notification and Response Plan
General Information
This document is intended to provide Grand View Holdings, LLC ("GVH"), GVH management, and
the staff, tenants, residents, vessel owners, guests and other users of the community pier and
docking facility at the Grand View Luxury Apartments (the "GVH Pier and Dock') located at 7205
Wrightsville Avenue / 202 Summer Rest Road, Wilmington, NC, direction in the event of.
1. Routine inspection, maintenance and repair of the NEI sewer line in the vicinity of
the GVH Pier and Dock by the Town of Wrightsville Beach ("Town") or the
owner/operator of the NEI sewer line; and,
2. Emergency inspection, maintenance and repair of the NEI sewer line in the vicinity
of the GVH Pier and Dock by the Town or the owner/operation of the NEI sewer line
in the event of damage or suspected damage to the NEI.
Sienase
GVH will install and maintain signage Indicating the presence of a submerged NEI sewer line in
the locations depicted on Exhibit "1" attached hereto ("Sign Exhibit'). These signs will include
emergency contact information to be used in the event of damage or suspected damage to the
NEI, or suspected wastewater discharge from the NEI in the vicinity of the GVH Pier and Dock.
Routine Maintenance Procedure
The following procedure shall be followed in the event the Town notifies GVH that it requires
access to the NEI in the vicinity of the GVH Pier and Dock for routine inspection, maintenance or
repair not involving an emergency:
1. Upon receiving notification from the Town, GVH management shall notify
all vessel owners at the owner's contact number and email address that
the Town requires access to the GVH Pier and Dock Facility.
2. If the scope of the Town's planned inspection, maintenance or repair
requires the removal of any vessels, GVH shall notify the owner of the
affected vessel accordingly, and the identified vessels shall either be
relocated to an unaffected boat slip (if available) or removed from the GVH
Pier and Dock within 10 days.
RECEIVEG
JUN 19 2`19
RECEIVED
MAY 21 2019
DCM-MHD CITY MP SECTION WIRO

3. GVH shall maintain a contract with Tow Boat US or similar professional
and Insured vessel -towing company with 24-hour, 7-day a week
availability. If any vessel owner falls to relocate or remove their vessel
from the GVH Pier and Dock in a timely matter, GVH or the Town may
contact GVH's professional towing company to have the owner's vessel
Immediately removed at the vessel owner's sole expense. GVH and the
Town shall not be liable for any damage caused to any removed or
relocated vessel.
Vessel Towing Company Contact Information:
Tow Boat US: [phone]; or,
Sea Tow: [phone]
4. Within 10 days notice from the Town, GVH shall remove at GVH's expense
any removable section of the GVH Pier and Dock required for purposes of
the Town's planned maintenance or repair work. If GVH fails to remove
any removable section required for the maintenance or repair, the Town
may unilaterally move the required section at GVH's expense. The Town
shall not be liable for its actions provided sufficient advance notice is given
to GVH and the Town acts In a reasonable and non -negligent manner.
S. Upon notification by the Town of completion of the inspection,
maintenance or repairs, GVH shall coordinate with the Town for
reassembly of the removable pier and dock sections, and GVH shall notify
vessel owners when they may return their vessels to their designated boat
slips.
Emergency Response Procedure
The following procedure shall be followed in the event of an incident causing damage or
suspected damage to the NEI or suspected wastewater discharge from the NEI in the vicinity of
the GVH Pier and Dock:
Step 1 - Reporting: Any GVH employee and any Grand View resident, vessel owner or
their invitees, guests and other users of the GVH Pier and Docking facility who is involved
In an incident related to damage or suspected damage to the NEI in the vicinity of the
GVH Pier and Dock, or has otherwise been informed of such damage or suspected
damage, shall first immediately contact 911 emergency response and report the Incident.
RECEIVED RECEIVED
JUN 19 2019 MAY 2 1 2019
DCM-MHD CITY MP SECTION WIRO

Following contact with 911, the following persons shall be immediately contacted:
Emergency Contact Information for NCDEQ-Division of Water Resources
Regular Hours: [phone] or [phone] (Dean Hunkele, NCDEQ)
After Hours: [phone] (NC Emergency Operations Center)
Emergency Contact Information for the Town of Wrightsville Beach
Regular Hours: [phone] (Wrightsville Beach Town Hall)
After Hours: [phone] (Wrightsville Beach Police Department)
Emergency Contact Information for GVH
Regular Hours: [phone] (Charlie Wiggs, Grandview Onsite Manager)
[phone] (Chris Bailey and Amanda Rosen)
After Hours: [phone] (Charlie Wiggs, Grandview Onsite Manager)
[phone] (Chris Bailey and Amanda Rosen)
Step 2 - Coordination
Upon notification of an emergency situation involving the NEI in the vicinity of the GVH
Pier and Dock, GVH management shall immediately contact the Town's emergency
contact to coordinate steps to be taken to address any sewer line breach or other
emergency situation involving the NEI which may require action on GVH's part to allow
clear access to the NEI line for emergency inspection, maintenance or repairs as
determined by the Town.
Step 3 — Notification of other government agencies
The Town shall be responsible for notifying other necessary government agencies of any
Incident of damage to the NEI including but not limited to New Hanover County and the
Cape Fear Public Utility Authority.
RECEIVED
JUN 19 2019
RECEIVED
MAY 2 1 2019
DCM-MHD CITY
MP SECTION WIRO

Step 4 — Request by Town of Wrightsville Beach for Emergency Access to NEI
In the event the Town requires emergency access to the NEI in the vicinity of GVH Pier
and Dock, the Town shall call and, to the extent feasible under the circumstances, give
written notice to GVH management via the above -stated GVH emergency contact
Information.
Step 5 — Emergency Access
Upon receiving notification from the Town that emergency access to the NEI is required:
1. GVH management shall notify all vessel owners at the owner's contact
number and email address that Town requires emergency access to the
GVH Pier and Dock Facility.
2. If the scope of the Town's emergency inspection, maintenance or repair
requires the removal of any vessels, GVH shall notify the owner of the
affected vessel accordingly, and the identified vessels shall either be
relocated to an unaffected boat slip (if available), or removed from the
GVH Pier and Dock.
3. GVH shall maintain a contract with Tow Boat US or a similar professional
and insured vessel -towing company with 24-hour, 7-day a week
availability. if any vessel owner fails to relocate or remove their vessel
from the GVH Pier and Dock in a timely matter, GVH or the Town may
contact GVH's professional towing company to have the owner's vessel
immediately removed at the vessel owners sole expense. GVH and the
Town shall not be liable for any damage caused to any removed or
relocated vessel.
Vessel Towing Company Contact Information:
Tow Boat US: [phone]; or,
Sea Tow: [phone]
4. Within 12 or fewer hours from notice by the Town, GVH shall remove any
removable section of the GVH Pier and Dock required for purposes of the
Town's emergency inspection, maintenance or repair work. If GVH falls to
timely remove any removable section required for the emergency
Inspection or repairs, the Town may unilaterally move the required section
RECEIVED RECEIVE[)
JUN 19 2019 MAY 2 g
DCM-MHD CITYMP SECTION WIRO

at GVH's sole expense. The Town shall not be liable for its actions provided
sufficient advance notice is given to GVH and the Town acts in a reasonable
and non -negligent manner.
Step 6 — Completion of Repairs Upon notification by the Town of completion of the
Inspection, maintenance or repairs, GVH shall coordinate with the Town for reassembly
of the removable pier and dock sections, and GVH shall notify vessel owners when they
may return their vessels to their boat slips.
Notice to GVH Pier and Dock Vessel Owners
GVH shall provide a copy of this response plan to all GVH Pier and Dock vessel owners and apprise
those vessel owners of the existence and general location of the NEI line in relation to the GVH
Pier and Dock. All GVH Pier and Dock vessel owners shall agree to the terms of this emergency
response plan, which shall be incorporated by GVH into any boat slip rental agreements.
RECEIVED
JUN 19 2019
DCM-MHD CITY
RECEIVED
MAY 21 2019
MP SECTION WIRO

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30110

EXHIBIT F
TOWN OF WRIGHTSVILLE BEACH EMERGENCY
RESPONSE PLAN
(Town of Wrightsville Beach Emergency Response Plan
on file with Wrightsville Beach Town Clerk)
RECEIVED
MAY 21 Zi'.
MP SECTION WIRO
RECEIVED
JUN 19 2019
DCM-MHD CITY

EXHIBIT G
BOAT OWNER/OPERATOR RECEIPT AND ACKNOWLEDGMENT OF NORTHEAST INTERCEPTOR
SEWER LINE ("NEI") NOTIFICATION AND RESPONSE PLAN AND VESSEL REMOVAL POLICY
In addition to all terms, conditions and provisions to be contained in the proposed Grand View
Boat Slip Rental Agreement, the boat owner/operator ("Boat Owner/Operator") shall specifically
acknowledge and agree to the following terms and conditions regarding use of the Grand View
Holdings, LLC community boating facility located at 7205 Wrightsville Avenue / Summer Rest
Road, Wilmington, New Hanover County, NC:
1. Boat Owner/Operator understands that a portion of the Northeast Interceptor Sewer Line
("NEI") is located near and under a portion of the Grand View Luxury Apartments'
community pier and docking facility ("GVH Pier and Dock").
2. Boat Owner/Operator has been informed and is aware of the general location of the NEI
line in relation to the GVH Pier and Dock as shown on the exhibit attached hereto.
3. Boat Owner/Operator has received and read a copy of Grand View Holdings, LLCs
Northeast Interceptor Sewer Line ("NEI) Notification and Response Plan ("Response
Plan") and agrees to abide by the applicable requirements found in that Response Plan,
including the Emergency Response Procedure and vessel removal polity contained in that
Response Plan.
4. Boat Owner/Operator shall immediately notify the proper authorities and Grand View
management in the event of an incident causing damage or suspected damage to the NEI
or suspected wastewater discharge from the NEI In the vicinity of the GVH Pier and Dock.
ACKNOWLEDGED AND AGREED TO:
RECEIVED
Boat Owner/Operator Date MAY 21 2019
(Boat Owner/Operation Contact Information Sheet Attached)
MP SECTION WIRO
RECEIVED
JUN 19 2019
DCM.MHD CITY

Boat Owner/Operator Emergency Contact Information Sheet:
Name:
Address:
Mailing Address:
Email address:
Phone Number:
Emergency Phone Number:
Boat Slip No.
Make, model, length and year of boat:
Boat Owner/Operator agrees to promptly inform Grand View management of any changes to
the above4isted contact Information.
ACKNOWLEDGED AND AGREED TO:
Boat Owner/Operator
Date
RECEIVED
MAY 21 2019
MP SECTION WIRO
RECEIVED
JUN 19 2019
DCM-MHD CITY

I i
• I
;. _ •._--._._. .._.--_ ---a-._ Figure 2.1- Force Main
Location Map
NEI 1 ICW Crossing
' ._ _ .. 1 Town of Wrightsville Beach
m D m
-+ m
z `-- uP.PPe ..,fr
m HIGHFILL

-414-
Technical Memorandum
Page 9
NEI I ICI(' Gaging dsr(•.rsmrnt
The 4- to 5-inch depth indicates one of the followine actions
• 2-3 feet of cover has been lost (to elevation -17.i)
• the force main was installed shallower than designed
• a combination of the two
Figure 2.2 — Proximity of Pipe to Pier Pilings
RECEIVED
MAY 2 17019
MP SECTION WIRO
RECEIVED
JUN 19 2019
DCM-MHD CITY