HomeMy WebLinkAbout16-21 Orton Plantation Holdings LLCPermit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vertnit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Permit Number
16-21
Issued to Orton Plantation Holdings, LLC, 37" Floor, 11 Times Square, New York, NY 10036
Authorizing development in Brunswick County, adj. to Lilliput Creek and Orton Creek. at 9149
Orton Road SE, in Winnnabow as requested in the permittee's application dated 9/29/20, including attached
workplan drawings (6), Sheet 1 of 6, dated "revised"! 9/24/20, Sheet 2 of 6 dated "revised"10/8/20, Sheets 3-6 of 6 dated
This permit, issued on February 10, 2021 1 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) Unless specifically altered herein, this permit authorizes the activities associated with the
development of the above referenced property, including the construction of a 6' wide by 1,200' long
elevated boardwalk with covered bridges over open water, and other associated infrastructure, all as
expressly and specifically set forth in tl'e attached permit application and workplan drawings.
2) The bridges shall be elevated a minim of 6' above mean high water (MHW).
(See attached shelets for Additional Conditions)
it
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, 2024
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.
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Orton Plantation Holdings, LLC Permit No. 16-21
Page 2 of 2
ADDITIONAL CONDITIONS
3) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction.
4) Any portion of the permitted access pier and docking facilities built above Coastal Wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as
measured from the bottom of the decking.
General
5) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
6) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
7) All debris associated with this development shall be contained within the authorized project area and
removed to an appropriate upland refuse disposal site.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the United States Army Corps of Engineers.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215 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: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2020-
1674.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.
DCM Coordinator: Curt Weychert County: r/ 19—
Permit #:_
WIRO E-MAIL DISTRIBUTION SHEET
Circle one: i;nt:
Permit for: 0ytm f'7rj�112�ITV) 1 �I y15�� , f
Oversize PlainsT
DCM Offices:
Morehead City: PT (if oversize) via Courier
`cc Curt & Amanda on group email w/ bi narr.app.drawings, deed, comment sheet
•MHC documents (Curt & Amanda)
Wilmington: Original hard -copy
ONLY USACE & DWR (wro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: & Carteret Cc): PN, CL, Reports, Split Sheet _
use both ilmingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet_
reg Currey (NH/BR: PN, CL, Reports, Split Sheet_
Div of Water Resources: 54obb Mairs - 401 (BR/NH): PN, CL, Reports, Split Sheet
01 (PN/ON): PN, CL, Reports, Split Sheet_
Div of Water Resources: VSheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries:
Xm Harding _
DCM Planner/WiRO:
HVlike Christenbury
Cultural Resources:
x/neee Gledhill -Earley Environmental.Reviewtancdenr aov
_
Natural Heritage Prog.
N(odney Butler
DCA-Rural Eco. Dev:
�rk Ziegler _
NC DOT:
06vid Harris
Wildlife Resources:
vQlaria Dunn w/Reports
State Property Office:
Walton: DEED _
ik Moser_
Hilliard, Real Property Agent (Bio Reports only)
Shellfish Sanitation:
/da
der my Humphrey (Bio)
�paIon Gupton, Admin. _
DEMLR:
Zhristine Hall - Stormwater Section
_
Iln Sams - Land Quality Section
Public Water Supply:
Xeidi Cox
City of Wilmington:
Enforcement:
/
✓Fiej�,,
Rep: ��— Ovi✓i� 1#II
_Co. LPO
nld
✓ (,�1r1I �/ I V ITiyl owii
Agent:
DISTRIBUTED: o 1 r t
Updated 1010120 CAMA/Shaun majors docs/e'Agency List
DIVISIONI,OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Orton Plantation Holdings, LLC COUNTY: Brunswick
PROJECT NAME: Orton Plantation —Kendall Boardwalk
LOCATION OF PROJECT: 9149 Orton Road SE, Adj to the Cape Fear River, Winnabow
DATE APPLICATION RECEIVED COMPLETE BY FIELD:10-7-20
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Brink
DISTRICT MANAGER REVIEW:
B) DATE, RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Weychert
PUBLIC NOTICE REC'D:10-'1420
ADJ. RIP. PROP NOTICES RECD:
C) 75 DAY DEADLINE: 12-21-20
DISTRICT OFFICE: WILMINGTON
FEE RECD: $250#2066
END OF NOTICE DATE: 11-1+-20
DEED RECD: Yes
150 DAY DEADLINE:
HOLDS:
MAIL OUT DATE: 10--M-20 STATE DUE DATE: 11*20
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM—Field Rep
10
6_1ZO
USt; Of etxu tz GuJ
DCM—LUP Consistency Determination
ID��
Local Permit Officer
i
Corps of Engineers — Regulatory Branch
I
DWR-401 Section
DWR —Public Water Supply
DEMLR—Stormwater
10'.7,7i'W
x
DEMLR—Sedand Erosion
g"22.%ri
DOA — State Property Office
Wildlife Resources Commission
t
DMF—Shellfish Section
to
DMF —Habitat & Enhancement
DNCR— Archives &History
DNCR — Natural Heritage Program
NCDOT
NC Dept of Commerce
Recommendations for State Permit— Orton Plantation Holdinas. LLC 10/12/2020
It is the opinion,of this office that the proposed project is consistent with the Use Standards for Public
Trust Areas in 07H .0207(d) Public Trust Area Use Standards & .0209 (d) Coastal Shoreline Use
Standards. The narrative states that no new impervious surfaces are proposed.
This office has no objection to the proposed work provided it is consistent with all other state and federal
permitting requirements. During boardwalk installation in coastal wetland vegetation the use of
interconnected rubberized mats is required.
NORTH CAROLINA
f nvu onmental Qualify
October 20, 2020
FROM: Curt Weychert,'Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
SUBJECT: CAMA
Applicant: Orton Plantation Holdings, LLC
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Direcloq Division oJCoasml
Management
Project Location: 9149 Orton Road
l SE, adjacent to the Cape Fear River in tinnabow, Brunswick County
Proposed Project: Proposal to construct a 6' wide x 1200' long elevated boardwalk. The boardwalk will
include a 6' wide x 33' long covered bridge (7' wide from drip edge) crossing a small
creek feature (unnamed tributary). A total of 168' will be covered on walkway with the
width being 6' over coastal wetlands. The applicant also proposes a 4' wide by approx.
75' long pea gravel path leading to the entrance of the boardwalk on each end.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at theladdress above by November 14, 2020. If you have any
questions regarding the proposed project, contact Ben Brink at (910) 796-7425 when appropriate, in-depth
comments with supporting data is requested.
REPLY: X This agency has no objection to the project as proposed.
"Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objectls to the project for reasons described in the attached comments.
PRINT NAME Mark Brown
AGENCY
SIGNATURE
DATE
Public Water Supply 1
P24,k.
10-23-20
127 Cardinal
I Environmental Quality I Coastal Management
Ext, Wilmington, NC 28405 9197967215
RECEIVED
OCT 2 t ZM
MP SECTION
DCM - MHD CITY
0
NORTH CAROLINA
Environmental Onalily
October 20, 2020
MEMORANDUM:
FROM:
SUBJECT:
Applicant:
Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
curt.wevchertna.N CDEN R. aov
CAMA
Orton Plantation Holdings, LLC
ROY COOPER
Govemor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director, Division of Coastal
Management
Project Location: 9149 Orton Road SE, adjacent to the Cape Fear River in IMnnabow, Brunswick County
Proposed Project: Proposal to construct a 6' wide x 1200' long elevated boardwalk. The boardwalk will
include a 6' wide x 33' long covered bridge (7' wide from drip edge) crossing a small
creek feature (unnamed tributary). A total of 168' will be covered on walkway with the
width being 6' over coastal wetlands. The applicant also proposes a 4' wide by approx.
75' long pea gravel path leading to the entrance of the boardwalk on each end.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by N evo�inber 14; 2020� If you have any
questions regarding the proposed project, contact Ben Brink at (910) 796-7425 when appropriate, in-depth
comments with supporting data is requested.
REPLY:
This agency has nP
objection to the project as proposed.
**Additional comments
may be attached**
X This agency has nol
comment on the proposed project.
This agency appro�,
es of the project only if the recommended changes
are incorporated.
See attached.
This agency objectls
to the project for reasons described
in the attached comments.
PRINT km
Dan Sams
i
RECEIVED
AGENCY DEMLR
SIGNATURE
,�ansere�am,v
i
i
OCT 2 5-2020
MP SECTION
DATE
October 22, 2020
I
DCM . MHD CITY
a of Noah Carolina I Environmental Quality I Coastal Management
127 Cardinal DrivIp Ext., Wilmington, NC 28405 919 796 7215
i
ROY COOPER
Z.a
Governor
=
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
NORTH CAROLINA
Director, Division ofCoasml
Environmental Quality
Management
October 20, 2020
MEMORANDUM
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
SUBJECT: CAMA
Applicant: Orton Plantation Holdings, LLC
Project Location: 9149 Orton Road SE, adjacent to the Cape Fear River in IMnnabow, Brunswick County
Proposed Project: Proposal to construct a 6' wide x 1200' long elevated boardwalk. The boardwalk will
include a 6' wide x 33' long covered bridge (7' wide from drip edge) crossing a small
creek feature (un pamed tributary). A total of 168' will be covered on walkway with the
width being 6' ovggr coastal wetiands..The applicant also proposes a 4' wide by approx.
75' long pea gravel path leading to the entrance of the boardwalk on each end.
Please indicate below your agency's position or viewpoint on the posed project and
return this form to Curt Wevchert at the address above by Novembell4, 2020? If you have any
questions regarding the proposed project,lcontact Ben Brink at (910) 796-7425 when appropriate, in-depth
comments with supporting data is requested.
REPLY:
This agency has no objection to the project as proposed.
*Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
_ This agency objects to the project for reasons described in
the attached comments.
RINT'NA
Shannon Jenkins
rpGEN 1
NCDMF/Shellfish Sanitation
RECEIVED
1GNs`�ATURE
w2&ur Ma.�.�a� for Shannon Jenkins
Ocf'O 8.2010
MP SECTION
DCM - MHD CITY
ATt;
10/28/2020
Carolina Environmrntal Qualiryl Coastal Mmiagemrnt
127 Cardinal Dn�a Ext, Wilmington, NC 28405 919 796 7215
MEMORANDUM
To: Curt Weychert
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, — Orton
Plantation Holdings, LLC, Brunswick County
Date: October 28, 2020
This project is consistent with the 2007 Brunswick County Land Use Plan Update.
The applicant is proposing to construct a 6' wide by 1,200' long elevated boardwalk and
will include a 6' wide by 33' long covered bridge section (7' wide from drip edge)
crossing a small creek. The project is located at 9149 Orton Road SE in Winnabow,
Brunswick County.
Areas of Environmental Concern (AEC's) impacted by the proposal are PTA, EW and
ES. Waters at the project site are classified as C:Sw and are not open to the harvesting of
shellfish. The area is not a Primary *rsery Area.
I have reviewed this proposal for
Plan and offer the following corn
The general area of the project is
In general, Brunswick County allows
AECs which is consistent with the St;
County Land Use Plan contains some
standards. However, none of these st
This project is consistent with the
Cc: File
with the 2007 Brunswick County Land Use
as Residential/Conservation.
in residential/conservation classified
minimum use standards. The Brunswick
cies, which exceed the State's minimum use
rds appear to be applicable to this proposal.
County Land Use Plan.
RECEIVED
OCT 2 g 2020
MP SECTION
DCM - MND CITY
ROY COOPER
U"o\vnu,l
MICHAEL S. REGAN
A'rnrnm
BRAXTON DAVIS
i)Ih'('rlll. )bl'IYIINI rQ I�/W](OI
Si4111{QiA!('Ill
October 20, 2020
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ -Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
curt.weychertANCDEN R.00v
.SUBJECT:' CAMA
Applicant Orton Plantatlo^ Holdings, LLC
Project Location: 9149 Orton Roa SE, adjacent to the Cape Fear fiver in i innabow, Brunswick County
Proposed Project: Proposal to construct a 6' wide x 1200' long elevated boardwalk The boardwalk will
include a 6' wide br 33' long covered bridge (7' wide from drip edge) crossing a small
creek feature (unInamed tributary). A total of 168' will be covered on walkway with the
width being 6' over coastal wetlands. The applicant also proposes a 4' wide by approx.
75' long pea gravel path leading to the entrance of the boardwalk on each end.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt wevchert at the address above by November 14,,2020. if you have any
questions regarding the proposed project,I contact Ben Brink at (910) 796-7425 when appropriate, in-depth
.comments with supporting data is request) d.
REPLY: This agency has
"Additional come
This agency has
This agency appi
are incorporated.
This agency obje
j'rlIA,rk t 06
objection to the project as proposed.
its may be attached"
comment on the proposed project.
as of the project only if the recommended changes
:e attached.
to the project for reasons described in the attached comments.
,I -e
AGENCY, AR l) P 1n0�1 (0 tA,ltil p�1/Z0
SIGNATURE
1A� �, r v_ Z
bATE
127 cardinal
I Environmental Quality l Coastal Management
Eat.,Wilmington,NC28405 919796.7215
RECEIVED
NOV,:,;b 4- 2020
MP SECTION
DCM - MHD CITY
i
ROY COOPER
(rlll•ir)Y lr
�y
MICHAEL S. REGAN
,` Hcnrurn
BRAXTON DAVIS
-:; i';:✓F'.it:. i ir/rc, t.,., Unxn,zr,;l r'Snn;nl
l Snrr:•,•nu=nl
October 20, 2020 10 Zy 02
MEMORANDUM.'
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avpnue, Morehead City, NC 28557
Fax: 252-247,-3330, (Courier 11-12-09)
SUBJECT: CAMA
i
Applicant: Orton Plantation Holdings, LLC
I
Project Location: 9149 Orton Road SE, adjacent to the Cape Fear River in Winnabow, Brunswick County
i
Proposed Project: Proposal to construct a 6' wide x 1200' long elevated boardwalk. The boardwalk will
include a 6' wide x tlX long covered bridge (7' wide from drip edge) crossing a small
creek feature (unnamed tributary). A total of 168' will be covered on walkway with the
width being f' over coastal wetlands. The applicant also proposes -a 4` wide by approx.
75' long pea gravellpath leading to the entrance of the boardwalk on each end.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the atldress above by November 14, 2020. If you have any
questions regarding the proposed project, contact Ben Brink at (910) 796-7425 when appropriate, in-depth
comments with supporting data is requested. ,
REPLY: This agency has nol objection to the project as proposed.
"'Additional comments may be attached"
This agency,has nol comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
I
This agency objects to the project for reasons described in the attached comments.
AGENCY )� CnJZC I RECEIVED
Nov w9 2020
SIGNATURE - MP SECTION
/�
r DCM - MHO CITY
DATE ItS_10?2 FNI ' Carolina i Emim menWQuality I Caaatal Menag=cnt
127 Cardinal Drive Ext,Wik Agbn, NC 29405 9197967215
A A-4.%
ROY COOPER
' MICHAEL S. REGAN•
s seweer y
BRAXTON DAVIS
i. knc,,INA UDtltlo% UivLr+on afF'aam d
,i7anngennm
October 20, 2020
} MEMORANDUM:
FROM: Curt Weychert; Assistsnt Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
SUBJECT: CAMA
'Applicant: Orton Plantation Holdings, LLC
Project Location: 9149 Orton Road SE, adjacent to the Cape Fear River in IMnnabow, Brunswick County
Proposed Project: Proposal to construct a 6' wide x 1200' long elevated boardwalk. The boardwalk will
include a 6' wider x 33' long covered bridge (T wide from drip edge) crossing a small
creek feature (unnamed tributary). A total of 168' will be covered on walkway with the
width being 6' oJer coastal wetlands. The applicant also proposes a 4' wide by approx.
75' long pea gravel path leading to the entrance of the boardwalk on each end.
Please indicate below your agency's p sition or viewpoint on the proposed project and
Wurn this form to Curt Weychert at the address above by Ni ber..14;=202� If you have any
_ questions regarding the proposed project) contact Ben Brink at (910) 796-7425 when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has ono objection to the project as proposed.
"Additional comments may be attached`•'
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
r This agency objects to the project for reasons described in the attached comments.
)1GENCY
SIGNATURE
AT
RECEIVED
NOV k 6 2020
MP SECTION
DCM - MHD CITY
I
November 16,09
a,dreaeerta-rEmvmrnelmdQialityl Coaz lManagement
127 Cardinal D%ve Ext., Wilmington, NC 28405 919 7967215
,
ROY COOPER
,t
Governor
MICHAEL S. REGAN
Secre(pry
'+wwe+"
BRAXTON DAVIS
NORTH CAROLINA
Dimcmr. Diviahm afCoaual
F.nrironmenlal Qualify
Management
October 20, 2020
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
curt.wevchert(a)14CDEN R.gov
SUBJECT: CAMA
Applicant: Orton PlantatioI Holdings, LLC
Project Location: 9149 Orton Road SE, adjacent to the Cape Fear River in Winnabow, Brunswick County
Proposed Project: Proposal to construct a 6' wide x 1200' long elevated boardwalk. The boardwalk will
include a 6' wide x 33' long covered bridge (7' wide from drip edge) crossing a small
creek feature (unnamed tributary). A total of 168' will be covered on walkway with the
width being 6' over coastal wetlands. The applicant also proposes a 4' wide by approx.
75' long pea gravel path leading to the entrance of the boardwalk on each end.
Please indicate below your agency's p sition or viewpoint on the proposed project and
return this form to Curt Wevchert at the Iladdress above by November 14, 2020.� If you have any
questions regarding the proposed project, contact Ben Brink at (910) 796-7425 when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has nl objection to the project as proposed.
**Additional comments may be attached**
X This agency has nol comment on the proposed project.
This agency approlres of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT --NAME Kimberlee Harding
AGENCY NCCDMF JJ//
SIGNATURE /lcht62 Y%
11/12/2020
DATE State of North Cmoli i I Environmental Quality Coaz al Management
127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215
nocuSign Envelope ID: 453148CD-6A2C4C74-8368-CAF4119C8157
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
December 4, 2020
DWR # 2020-1674
Brunswick County
Orton Plantation Holdings, LLC
ATTN: Peter Talty
Orton Plantation Holdings, 37th floor,11 Times Square
New York, NY 10036
Subject: No Written Approval Required
9149 Orton Road SE — Winnabow, NC 28479
Dear Mr. Talty:
The Division of Water Resources (DWR) has received a copy of your CAMA Major application request
dated received by this office on October 21, 2020. DWR issues approval in the form of a Water Quality
Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 or
197800056 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the
CAMA Major Permit when the Division of Coastal Management issues it.
In accordance with the attached General Certification #4175 (GC 4175), the impacts described in your
application do not require written authorization to utilize GC 4175. However, you are required to follow
the conditions listed in the attached certification. You should get or otherwise comply with any other
federal, state and local requirements before you go ahead with your project including (but not limited to)
erosion and sediment control regulations.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at htto://www.ncoah.coml or by calling the OAH
Clerk's Office at (919) 431-3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition
is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received
in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding
official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days followingthe
faxed transmission.
RECEIVED
Mailing address for the OAH:
DEC 0 7 1010
MIR SECTION
DCM - MHD CITY
North Carols Department of Environmental Qpalhy I Division of Water Resources
` ✓ Wilmington Regional Office 1127 CarLflrral Drive Extension I Wilmington. North Carolina 2&105
DocuSign Envelope ID: 453148CD-6A2C-4C74-8368-CAF4119C8157
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
9149 Orton Road SE — Winnabow, NC 28479
DWR# 20201674
401 Certification
Page 2 of 2
If sending via delivery service (UPS, Fed Ex,
etc.):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water. Please contact
Tyler Benson at 910-620-7447 or tyler.benson@ncdenr.gov if you have any questions or concerns.
Sincerely,
DocuSNmd by
S°wkt', 6"
E3ABA14AC7DC434...
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 4175
cc: Curt Weychert, DCM Morehead City Office, EC
Greg Currey, USACE Wilmington Regulatory Field Office, EC
Steve Morrison and Greg Finch, LMG, EC
DWR 401 & Buffer Permitting Branch file-LF
WiRO
RECEIVED
DEC 0 7 2020
MP SECTION
DCM - MHD CITY
7.
STATEIOF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO.4175
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• REGIONAL GENERAL PERMIT NUMBER 198000291(NC COASTAL AREA MANAGEMENT
ACT),
• REGIONAL GENERAL PERMIT NUMBER 201801536 (MARSH SILLS)
• NATIONWIDE PERMIT NUMBER 48 (COMMERCIAL SHELLFISH AQUACULTURE
ACTIVITIES),
• NATIONWIDE PERMIT NUMBER 54 (LIVING SHORELINES) AND
• WHEN APPLIED TO CAMA PERMITS, REGIONAL GENERAL PERMIT NUMBERS
198000048,198700056,197800080,197800125 AND 198200277 AND NATIONWIDE
PERMIT NUMBERS 3, 12,13,14,118, 27, 29, 33, 35, 39, AND 54
Water Quality Certification Number 4
Section 401, Public Laws 92-500 and
Carolina Regulations in 15A NCAC 021-1
material to surface waters and wetl
198000291, 198000048, 198700056, 19
Appendix A (B) (3, 12, 13, 14, 18, 27,
Engineers Regulations.
5 is issued in conformity with the requirements of
-217 of the United States and subject to the North
500 and 15A NCAC 02B .0200 for the discharge of fill
d areas as described in Regional General Permits
00080, 197800125, and 198200277 and in 33 CFR 300
9, 33, 35, 39, 48, and 54) of the US Army Corps of
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-
217 if conducted in accordance with the cionditions hereinafter set forth.
Effective date: February 1, 2019
Signed this day: February 1, 2019
m
Linda Culpepper, Director
RECEIVED
DEC 0 7.2020
MP SECTION
DCM - MHD CITY
ROY COOPER
(,,,,,,,,,,,-
MICHAEL S. REGAN
xcrnaw r
BRAXTON DAVIS
October 20, 2020
MEMORANDUM.'
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
curt.weychertna.NCDENR.gov
SUBJECT: CAMA
Applicant: Orton Plantation Holdings, LLC
Project Location: 9149 Orton Road SE, adjacent to the Cape Fear River in Winnabow, Brunswick County
Proposed Project: Proposal to construct a 6' wide x 1200' long elevated boardwalk. The boardwalk will
include a 6' wide x 33' long covered bridge (7' wide from drip edge) crossing a small
creek feature (unnamed tributary). A total of 168' will be covered on walkway with the
width being 6' over coastal wetlands. The applicant also proposes a 4' wide by approx.
75' long pea gravel path leading to the entrance of the boardwalk on each end.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by November 14, 2020. If you have any
questions regarding the proposed project, contact Ben Brink at (910) 796-7425 when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME
AGENCY
SIGNATURE
DATE h Carolina I Environmental Quality I Coastal Management
127 Cardinal Dove Ezt., Wilmington, NC 28405 919 796 7215
2.
3.
4.
5.
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Orton Plantation Holdings, LLC c/o Steve.Morrison/Andy Dortch (I -MG)
LOCATION OF PROJECT SITE: 9149 Orton Road SE, Winnabow, Brunswick County.
Latitude:34'3'53.96"N Longitude:77°56'50.59"W
INVESTIGATION TYPE: CAMA
INVESTIGATIVE PROCEDURE:
PROCESSING PROCEDURE:
6. SITE DESCRIPTION:
(A)
Local Land Use Plan - Brw
Land Classification from L
(B)
AEC(s) Involved: PTA, EW,
(C)
Water Dependent: Yes
(D)
Intended Use: Private
A
Wastewater Treatment: E:
7
(F) Type of Structures: Existing
Planned
(G) Estimated Annual Rate of Ei
Source - N/A
HABITAT DESCRIPTION:
s of Site Visit-10/6/2020
Applicant Present - Yes (Agent from LMG)
ation Received - 9/4/2020 (initial), 10/7/2020 (complete)
- Wilmington
,ick County
- Conservation
ing - Septic
led - N/A
Dikes, irrigation canals, home with outbuildings, gardens,
chapel, and maintenance sheds
Elevated boardwalk and bridge
;ion: N/A
[AREA]
nPPnrGn
(A) Vegetated Wetlands (Coastal)
- 7,002 sq. ft.
(shaded)
(B) Non -Vegetated Wetlarids
(Open water
- 231 sq. ft.
(incorporated)
(C) Other (Upland)
— 720 sq. ft.
(boardwalk and
pea gravel path)
(D) Total Area Disturbed: - 7,953 ftz (0.18 acres)
(E) Primary Nursery Area: No
(F) Water Classification: C:SW Open: No
8. PROJECT SUMMARY:
The applicant proposes to construct a 6' wide by 1,200' long elevated boardwalk. The boardwalk
will include a 6' wide by 33' long covered bridge section (7' wide from drip edge) crossing a small
Orton Plantation Holdings, LLC
Page 2
creek feature (unnamed tributary). A total of 168' will be covered on walkway with the width being
6 over coastal wetlands. The applicant also proposes a 4`wide by approximately 75' long pea
gravel path leading to the entrance of the boardwalk on each end.
9. PROJECT DESCRIPTION:
To.fnd the project:site, travel west of US Hwy 74/76 out of Wilmington to NC Highway 133'South
towards Southport. Travel approximately 22.2 miles to Plantation Road SE. Continue
approximately 1.1 miles more along Plantation Road SE to Orton Road SE. The property is located
between NC Highway 133 to the west Orton Creek to the south, the Cape Fear River to the east
and Lilliput Creek to the north. It is advisable to contact the applicant's agent to arrange a site visit
as it is a large property and the project site may be difficult to access.
The property consists of a 4,275-acre
parcels. The parcel to the south is 381
this southern parcel. The property is p
parcel and other manmade structures
dikes as well as sheds, plantation hon
roadways reach the project area from
by approximately 1,200 feet of coastal
Typha species. Some small. high grow
proposed boardwalk. The project area
Orton Creek and Lilliput Creek. The al
shoreline The project area is influence
(MHW).
The waters of Orton Creek and L
classified as SC by the NC Divisiol
Area (PNA) by the NC Division of
PROPOSED PROJECT:
arcel; however, the applicant also owns multiple adjoining
acres and some of the proposed work will cross over into
narily undeveloped. Existing roadways lead through the
iclude agricultural fields; irrigation canals, ditches, ponds,
site, outbuildings, gardens, chapel, and cemetery. Existing
)th the north and south but the two locations are separated
harsh including Spartina alterniflora, Spartina cynosuroides,
I hummocks are present in the marsh area adjacent to the
> adjacent to the Cape Fear River between the mouths of
licant's parcels grant riparian rights to several miles of
by tidal flow; as such, plans reference Mean High Water
Creek are classified as C:SW and the Cape Fear River is
►ter Resources. They are not designated as Primary Nursery
Fisheries, nor open to the harvesting of shellfish.
The applicant proposes to construct a 6' wide by 1,200' long.elevated boardwalk. The boardwalk
will include a 6' wide by 168; long section including,the ramp to and ramp from the covered bridge
section (-7' wide by 33'long:over water) crossing a small creek feature. The applicant also
proposes two 4' wide by approximatelyl75' long pea gravel paths.leading to the entrances of the
boardwalk.
The proposed boardwalk would meander through low marsh coastal wetlands influenced by tidal
flow from the Cape Fear River. The boardwalk would extend from a new home site to the existing
historic plantation home. and rice fields north of Orton Creek (see Sheet 2 of 6). The anticipated
uses for the boardwalk and covered bridge are to provide pedestrian access to new and historical
home sites while also creating access to gardens; cemetery, and rice field sites.
The boardwalk and covered bridge would extend below MHW for about 1200' (— 7,200,sq. ft.) and
the covered bridge will extend over approximately 33' of open water at — -2.4' at MHW (— 231 sq.
ft.). The deck boards of the covered bridge will be at least 6' above MHW. The piling -supported
boardwalk decking will,be elevated at least 3' above existing grade with coastal wetland
vegetation. The.boardwalk will have spaced wooden planking providing drip -through function. No
impervious surfaces are proposed.
Orton Plantation Holdings, LLC
Page 3
Please Note: The second adjacent riparian property owner notification has been received
by State of NC on 9/30/2020 (confirmation of certified mail receipt in application packet;
signed green card has not been received as of 1011212020).
10. ANTICIPATED IMPACTS:
The elevated boardwalk will not require any grading or fill. Piling installation throughout low marsh
coastal wetlands will be the main disturbance. Temporary increases in turbidity should be
expected. Approximately 7,002 sq. ft. of coastal wetlands, 231 sq. ft. of open water incorporated,
and 720 sq. ft. of upland will be impacted with the installation of the boardwalk, covered bridge,
and pea gravel paths.
Submitted by: Ben Brink Date: October 12, 2020 Office, Wilmington
4. DCM MP-1 Section 6.0 Additional Information
4.1 Section 6, a. Project Narrative
The applicant, Orton Plantation Holdings LLC, purchased the property in November 2010 and has since been
completing historic restoration work at the plantation. Construction of anew homesite is underway on a portion
of the property located north of thetiistoric plantation homesite and rice fields. The proposed project includes
constructing a 1,200' x,6' elevated wooden walkway from the new homesite to the historic plantation homesite
and rice fields south of Orton Creek. The walkway will feature a covered elevated bridge section over the creek.
The walkway deck boards will be elevated a minimum of 3' over coastal wetland substrate and lateral support
framing will be at least 6' above mean high water in the center portion of Orton Creek. The purpose of the
walkway is to provide access to Orton Creek from both the new and historical homesites while also creating
pedestrian access between the historical plantation, gardens, cemetery and rice field sites and the new
homesite across Orton Creek to the north.
The project proponent hereby certifies that all information contained herein is true, accurate, and complete to
the best of my knowledge and belief. The project proponent hereby requests that the certifying authority
review and take action on this CWA 401 certification request within the applicable reasonable period of time.
OCT 01 2020
DCM WILMINGTON, NC
Hppucatlon Tor major Development Permit —September 2020
Orton Plantation —Kendall Boardwalk
Winnabow, Brunswick County, North Carolina 14
4LMG
LAND MANAGEMENT GROUP
a t 10cumrym
September 29, 2020
TO: Benjamin Brink
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Orton Plantation Holdings LLC, Peter Talty
CAMA Major Permit Application Request
Benjamin,
Please find enclosed an updated CAMA Major Permit application and supporting materials for the
Orton Creek Kendall Walkway project located at Orton Plantation, adjacent to the Cape Fear River,
Brunswick County, North Carolina. Adjacent riparian landowner notifications have been sent by
certified mail and delivery confirmations are included.
Please let me know if you have any questions or need anything in addition to accept the
application as complete.
Sincerely,
F-IuQ� .raj
Andy Dortch RECEIVED
Land Management Group SEP 2 9 2020
DCM WILMINGTON, NC
Enclosure: CAMA Major Permit Application Package
cc: Orton Plantation Holdings LLC, Peter Talty
www.lmgroup.net • iofo@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
1. Form DCM-MP-1
APPLICATION for
Major Development Permit
(last revised 12/27/06)
RECEIVED
SEP 2 9 2020
DCM WILMINGTON, NC
North Carolina DIVisinm or rnASTAI MAWA
1. Primary Applicant/ Landowner information
Business Name
Project Name (if applicable)
Orton Plantation Holdings, LLC
Orton Plantation — Kendall Boardwalk
Applicant 1: First Name
MI
Last Name
Peter
Talty
Applicant 2: First Name
MI
Last Name
If additional appllcents, please attach an additional page(s) with names listed.
Mailing Address
PO Box
C nY
State
Orton Plantation Holdings, 3r Floor, 11 Times Square
WA
New York
NY
ZIP
Country
Phone No.
FAX No.
10036
USA
212-782-6295
NA
Street Address (if different from above)
City
State
ZIP
NA
Email
peter.talty@bllc.com
2. Agent/Contractorinfonnation
Business Name
Land Management Group
Agent/ Contractor 1: First Name
MI
Last Name
Steve
Morrison
Agent/ Contractor 2: First Name
MI
Last Name
Greg
Finch
Mailing Address
PO Box
City
state
3805 Wrightsville Avenue, Suite 15
Wilmington
NC
ZIP
Phone No. 1
Phone No. 2
28403
910452-0001
ext. NA
NA ext. NA
FAX No.
contractor M
NA
NA
Street Address (if different from above)
City
State
Zip
NA
Email
SMorrlSonlcDlmarouD net; afinch0r arouo net
Application for Major Development Permit — September 2020
Orton Plantation — Kendall Boardwalk
Winnabow, Brunswick County, North Carolina
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Brunswick
9149 Orton Road SE
NA
Subdivision Name
City
ate
.Zip
NA
wnnabow
FNC
28479
Phone No.
Lot No.(s) (if many, attach additional page wiM list)
NA
NA
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Cape Fear
Cape Fear River, Orton Creek
a Is the water body identified in (b) above, natural or manmade?
d. Name the closest majorwater body to the proposed project site.
®Natural ❑Manmade ❑Unknown
Cape Fear
ork within city limits or planning jurisdiction?
�f. If applicable, list the planning jurisdiction or city limit the proposed
ff[]YasO�hlo
work falls within.
NA
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.fL)
Several miles
—7002 acres, 305.007,120 sq.ft
c. Size of individual lots)
d. Approximate elevation of tract above NNW (normal high water) or
NIA
NWL.(normal water Woo
(If many lot sizes, please attach additional page with a list)
0-40' ❑NHW or ®NWL
e. Vegetation on tract
Typical native southeastern NC vegetation; rice fields, gardens and landscaping, coastal and 404 wetland species.
f. Man-made features and uses now on tract
Orton was developed as a rice plantation in 1725, including the gravity water system (dikes, rice trunks, irrigation canals,
interior irrigation ditches, ponds) which has been maintained and updated since original construction. Additional man-made
features include a historic plantation home with outbuildings, extensive gardens, chapel and maintenance sheds.
g. Identify and describe the exisfing land uses adlacan to the proposed project site.
Undeveloped, residential
h. How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
CO -RR, Rural Low Density
(Attach zoning compliance cedificate, If applicable)
®Yes ❑No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No
k. Has a professional archaeological assessment been done for the tract? If Yes, attach a copy. []Yes []NO ®NA
r
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it Involve a National []Yes []No ®NA
Register listed or eligible property?
RECEIVED
SEP 2 9 2020
Application for Major Development Permit —September 2020 DCM WI LMINGTON, NC
Orton Plantation —Kendall Boardwalk
Winnabow, Brunswick County, North Carolina 2
m. (i) Are there wetlands on the site? ®Yes ❑No
(ii) Are there coastal wetlands on the site? ®Yes []No
(III) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes []No
(Attach documentation, ffavailable)
n. Describe existing wastewater treatment facilities.
Onsite septic.
o. Describe existing drinking water supply source.
Onsite wells.
p. Describe existing stone water management or treatment systems.
None.
S. Activities and impacts j
a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublirJGovemment
Wrivate/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The purpose of the walkway is to provide access to Orton Creek while connecting the historical plantation, gardens, cemetery
and rice field sites to the new homesite across Orton Creek to the north.
I
c. Describe the proposed construction methodology, types of construction
of equipment and where It is to be stored.
equipment to be used during construction, the number of each type
Typical elevated wooden walkway construction method
will be used, equipment will be stored at the site.
d. List all development activities you propose.
Construction of an approximately 1,20D-foot-long by 6lfoot-wide
elevated wooden walkway (includes raised bridge section
over Orton Creek) with upland gravel approaches at either
end.
e. Are the proposed activities maintenance of an existing project;
new work, New
or both?
f. What isthe approximate total disturbed land area resulting
from the Elevated walkway .6' Wtdthx 1032 Length = 6,192 Sq Ft
proposed project?
Bridge 6' Width x 168' Length =1,008 Sq Ft (33' overopen
water, 43' top of bank to top of bank)
TOTAL = 7.200
®Sq.Ft or ❑Acres No orogosed she grading or disturbed land
g. Will the proposed project encroach on any public easement,
public ❑Yes ®No ❑NA
aocessway or other area that the public has established use of?
h. Describe location and type of existing and proposed discharges
to waters of the state.
No new discharges proposed.
I. Will wastewater or stormwater be discharged into a wetland? -No
new ❑Yes ®No ❑NA
discharges
If yes, will this discharged water be of the same salinity as the
❑Yes ❑No ®NA RECEIVED
ceiving
water?
j. Is there any mitigation proposed? []Yes®No ❑NA
If yes, attach a mitigation proposal.
Application for Major Development Permit —September 2020 ,
Orton Plantation — Kendall Boardwalk
Winnabow, Brunswick County, North Carolina :t
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. items (a) — (f) are always applicable to any major development application. Please consult the application instruction
booklet on how to pmpe/ly prepare the required items below. ,
a. A project narrative.
b. An accurate, dated.work plat (Including plan view and cross -sectional drawings) drawn to wale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the effected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mall. Such landowners must be advised that they have 30 days In
which to submit comments on the proposed project to the Division of Coastal Management.
Name NC Department of Transportation _ - Phone No. NA
Address 300Division Road, Wilmington, NC 28401
Name State of North Carolina, State Property Office Phone No. NA
Address 116 W Jones St, Raleigh, NC 27603
1 `NameINA - - - Phone No. NA
i Address NA
,i
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and Issuing dates.
CAMA major permit 65-02 transfer to Orton Plantation Holdings,
LLC, 3/17/11.
CAMA general permit 56605, Orton Plantation Holdings,
LLC, 5/26/11.
USACE nationwide permit 3 permit SAW-2011.00624, Orton
Plantation Holdings, LLC, March 2012.
CAMA major permit
83-12, Orton Plantation Holdings, LLC, 7/17/12.
CAMA major permit 87-15, Orton Plantation Holdings, LLC;
9/1115.
CAMA major permit
37-17, Orton Camp LLC and Orton Plantation Holdings, LLC;
3123/17.
CAMA major permit 46-17, Orton Plantation Holdings, LLC,
416/17.
CAMA major permit 54-117, Orton Plantation Holdings, LLC,
4/25/17.
CAMA major permit 37-17 minor modification, Orton Camp,
LLC and Orton Plantation Holdings, LLC, 9/23/19.
h. Signed consultant or agent authorization form, ifapplicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by properly owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), 1 necessary, If the project involves expenditure of
public funds or use of public lands. attach a statement documenting ocmpllance with the North Carolina Envimnmental Pollrry Ata.
.Application for Major Development Permit —September 2020
Orton Plantation —Kendall Boardwalk
Winnabow, Brunswick County, North Carolina
RECEIVED
SEP 29 2.020
DCM WILMINGTON, NC
4
I understand that any permit Issued in response to this application will allow
project will be subject to the conditions and restrictions contained in the permit.
The
I certify that I am authorized to grant, and do in fad grant permission to representatives of state and federal review agencies, to enter on the
aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date: _9/29/202C Print Name: Greg Finch, Agent. Land Management Group
Signature C!% FZO-d
Please Indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information NDCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
®DCM MP-4 Structures Information
RECEIVED
SEP 2 9 2029
DCM WILMINGTON, NC
wppnwuon Tor mafor ueveiopmentPermit —September 2020
Orton Plantation —Kendall Boardwalk
Winnabow, Brunswick County, North Carolina
2. Form DCM MP-4
Structures
(Construction within Public Trust Areas)
I. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
[]Commercial ❑PubliclGovernment ❑Private/Community
c. () Docks) and/or pier(s)
(i) Number
Qil) Length
(N) Width
(v) Floating ❑Yes ❑No
e. (1) Are Platforms included? ❑Yes ❑No
If yes:
(it) Number
(Ili) Length
(iv) Width
(v) Floating ❑Yes ❑No
Note: Rooted areas are calculated from dripline dimensions.
g. (t) Number of slips proposed
(it) Number of slips existing
I. Check the proposed type of siting:
❑ Land cut and access channel
❑Open water; dredging for basin and/or channel
❑Open water; no dredging required
❑Other; please describe:
k. Typical boat length:
M. (i) Will the facility have tie pilings?
[]Yes ❑No
(ii) If yes number of tie pilings?
Application for Major Development Permit — September 2020
Orton Plantation —Kendall Boardwalk
Winnabow, Brunswick County, North Carolina
®This section not applicable
It, (i) Will the facility be open to the general public?
❑Yes []No
d. (!)Are Finger Piers included? ❑Yes ❑No
If yes:
(n) Number
(Ili) Length
(iv) Width
(v) Floating ❑Yes ❑No
f. (i) Are Boatlifts included? ❑Yes []No
If yes:
(n) Number
(iii) Length
(iv) Width
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or maintenance
service
❑ Dockage, fuel, and marine supplies
❑ Dockage ('Wet slips") only, number of slips:
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
). Describe the typical boats to be served (e.g., open runabout, charter
boats, sail boats, mixed types).
I. (1) Will the facility be open to the general public?
❑Yes ❑No
RECEIVED
SEP 2 9 2020
DCM WILMINGTON, NC
11
`Z DOCKING FACIL/T19MARINA OPERATIONS I
®This section not applicable]
a. Check each of the following sanitary facilities that will be included In the proposed project
❑ Office Toilets
❑ Toilets for patrons; Number:
❑ Showers
❑ Boalholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. () Give the location and number of 'No Sewage Discharge° signs proposed.
(fi) Give the location and number of "PumpoutAvallable° signs proposed.
f. Desaibe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and 'No Wake" signs proposed.
I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on -overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
1. If this project is an expansion of an existing marina,. what types of services are currently provided?
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
❑Yes LINO
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ❑No
o. Is the marinaldoddng facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation ISM), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
OWL _ []None
P. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? []Yes []No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
RECEIVED
nppuwcmn ror major uevelopment Permit —September 2020
Orton Plantation —Kendall Boardwalk
Winnabow, Brunswick County, North Carolina
SEP 2.9 2020
DCM WILMINGTON. NC
7
3. BOATHOUSE (including covered tits) ®This section not appficable
a. () Is the boathouse strudure(s):
❑Commercial ❑PubllorGovemment ❑Private/Community
(ii) Number
(ii) Length
(jv) Width
Note: Roofed areas are calculated from ddpline dimensions,
4, GROIN (e.g., wood, sheeipfie, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable
a• () Number
(i) Length
(iii) Width
5. BREAKWATER (e:g., wood, sheetpile, etc.) This section not applicable
a. Length _ b. Averagedistance from NHW, NWL, orwetlands
c. Maximum distance beyond NHW, NWL orwetlands
& MOORING PILINGS and BUOYS ®This section not applicable
b. Number _
[]Commercial ❑Public/GDvemment ❑PrivalelCommunity
c. Distance to be placed beyond shoreline it. Description of buoy (color, inscription, size, anchor, etc.)
Note: This should be measured from marsh edge, it present
e. Arc of the swing
I. 'GENERAL
a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. �i J
Greater than 15' to the north and south. No nearby structures.
Note: For buoy or mooring piling, use am of swing including length
ofvessel.
c. Width of water body d. Water depth at waterwardend of structure at NLW or NWL
Orton Creek varies in width approximately 33' open water --4' NLW at bridge crossing
crossing at walkway bridge section 43' top of bank to top of
bank.
e. O Will navigational aids be required as a,result of the project?RECEIVED
❑Yes ®No ❑NA
(il) If yes, explain what type and how they will be implemented. S EP 2 9 2029
NA
ACM WILMINGTON. NC
Application for Major Development Permit —September 2020
Orton Plantation —Kendall Boardwalk
Winnabow, Brunswick County, North Carolina 8
8. OTHER' ❑This section not applicable
a Give complete description.
The applicant proposes to constrict a —1,200' x 6' elevated walkway from the new homesite to access Orton Creek and the
opposite shoreline of the Orton property. This piling supported structure will feature a section crossing the open water of Orton
Creek described in the. MP-5 Bridges and Culverts form. The bridged section is included 1n the 1,200' length. The bottom of the
deck boards crossing the coastal wetlands will be a minimum of 3' above the substrate. The bridge section over Orton Creek will
have a minimum 6' separation between the bottom of the lateral support members and the elevation of mean high water at the
creek center. At each end of the walkway, there will be a 4' wide gravel path extending 75' landward in upland. The walkway
will begin approximately 10' landward of mean high water at each end. No site grading or impervious surfaces are proposed.
Applicant Name
f Agent,. Cand'Management Group .
,
Appucattontar Major Development Permit —September 2020
Orton Plantation — Kendall:Boardwalk
Winnabow, Brunswick County, North Carolina
RECEIVED
OCT 07 2020
'DCMMILMINGTON, NO
0
3. Form DCM MP-5
BRIDGES and CULVERTS
1. BRIDGES
❑This section not applicable
a.
Is the proposed bridge:
b. Water body to be crossed by bridge:
❑Commercial ❑PubliclGovernment EPrivatelCommunity
Orton Creek
c.
Type of bridge (construction material):
d. Water depth at the proposed crossing at NLW or NWL:
Treated Wood
—4' NLW
e.
(I) Will proposed bridge replace an existing brklW? ❑Yes ®NO
f. (i) Will proposed bridge replace an existing culvert? [-]Yes MNo
If yes,
If yes,
(ii) Length of existing bridge: _'
(ii) Length of existing culvert:
(iii) Width of existing bridge:
(III) Width of existing culvert.
(iv) Navigation clearance underneath existing bridge:
(iv) Height of the top of the existing culvert above the NHW or
(v) Will all, or a part of, the existing bridge be removed?
NWL: —
(Explain)
(v) Will all, or a part of, the existing culvert be removed?
(Explain)
9
Length of proposed bridge: 33' over open water 43' lop of
h. Width of proposed bridge : 6'
Bank to Top of Bank total bridge section with incline over
coastal wetlands is 168'
i.
Will the proposed bridge affect existing water flow? ❑Yes ENo
J. Will the proposed bridge affect navigation by reducing or increasing
If yes, explain:
the existing navigable opening? ❑Yes ENo
If yes, explain:
k.
Navigation clearance underneath proposed bridge: Minimum 6'
I. Have you contacted the U.S. Coast Guard concerning their
above mean high water elevation in the central Portion of
approval? ❑Yes ENo
the creek
If yes, explain:
m.
Will the proposed bridge cross wetlands containing no navigable
n. Height of proposed bridge above wetlands. Walkway will have a
waters? ®Yes ❑No
minimum separation between the bottom of the deck boards
If yes, explain: An elevated walkway will extend from each end of
and marsh substrate of 3'.
the bridge section across coastal wetlands to the upland
Application for Major Development Permit —September 2020
Orton Plantation — Kendall Boardwalk
Winnabow, Brunswick County, North Carolina
RECEIVED
SEP 2 9 2020
DCM WILMINGTON. NC
10
Lz. CULVERTS ®This sectfon not applicable
a. Number of culverts proposed:
c. Type of culvert (construction material):
d. (i) Will proposed culvert replace an existing bridge?
❑Yes []No
If yes,
(i) Length of existing bridge:.
(III) Width of existing bridge:
('iv) Navigation clearance underneath existing bridge:
(v) Will all, ora part of, the existing bridge be removed? (Explain)
f. Length of proposed culvert:
h. Height of the top of the proposed culvert above the NHW or NWL.
J. Will the proposed culvert affect navigation by reducing or increasing
the existing navigable opening? ❑Yes []No '
If yes, explain:
Application for Major Development Permit .=September 2020
Orton Plantation —Kendall Boardwalk
Winnabow, Brunswick County, North Carolina
b. Water body in which the culvert is to be placed:
e. (1) Will proposed culvert replace an existing culvert?
❑Yes ❑No
If yes,
(ii) Length of existing culvert(s):
(ii) Width of existing culvert(s):
(iv) Height of the top of the existing culvert above the NHW or
NWL:
M Will all, or a part of, the existing culvert be removed?
(Explain)
g. Width of proposed culvert:
I. Depth of culvert to be buried below existing bottom contour.
k. Will the proposed culvert affect existing water flow?
❑Yes []NO
If yes, explain:
RECEIVED
SEP 2 9 2020
DCM WILMINGTON, NC
11
3. EXCAVATION and FILL 0This section not applicable
a. tv vvni me placement or the proposed bridge or culvert require any b. (1) Will the placement of the proposed bridge or culvert require any
excavation below the NHW or NWL? ❑Yes []No excavation within coastal wetlands/marsh (CW), submerged
If yes, aquatic vegetation (SAV), shell bottom (SB), or other wetlands
n Avg. length of area to be excavated: (WL)? If any boxes are checked, provide the number of square
feet affected.
(ill) Avg, width of area to be excavated: — ❑CW _ ❑SAV []SB _
(iv) Avg. depth of area to be excavated: _ ❑WL []None
(v) Amount of material to be excavated in cubic yards: —
(li) Describe the purpose of the excavation In these areas:
NA
() Will the placement of the proposed bridge or culvert require any
high -ground excavation? ❑Yes ❑No
If yes,
(ii) Avg. length of area to be excavated:
(ii) Avg. width of area to be excavated:
(iv) Avg. depth of area to be excavated:
(v) Amount of material to be excavated in cubic yards:
d. If the placement of the bridge or culvert Involves any excavation, please complete the following:
(f) Location of the spoil disposal area:
(ii) Dimensions of the spoil disposal area: NA
(i) Do you claim title to the disposal area? []Yes []No (if no, attach a leaergmnting penalss)on from the owner.)
(iv) Will the disposal area be available forfuture maintenance? ❑Yes [-]No
(v) Does the disposal area include any coastal wetlandsimarsh (Ulf, submerged aquatlevegatation (SAVs), otherwetlands (WL), or shell bottom
(SB)?
❑CW ❑SAV OWL ❑SB ❑None
If any boxes are checked, give dimensions If different from CIO above.
(v) Does the disposal area include any area below the NHW or NWL? ❑Yes ❑No
If yes, give dimensions if different from (i) above.
e. (i) Will the placement of the proposed bridge or culvert result in any
fill (other than excavated material described. in Item d above) to
be placed below NHVII or NWL? []Yes ❑No
If yes,
(it) Avg. length of area to be filled:
(iii) Avg. width of area to be filled: _
(iv) Purpose of fill:
g. (I) Will the placement of the proposed bridge or culvert result in any
fill (other than excavated material described In Item d above) to
be placed on high -ground? ❑Yes []No
If yes,
(i) Avg, length of area to be filled: _
(iii) Avg. width of area to be filled: _
(iv) Purpose of fill:
Application for Major Development Permit —September 2020
Orton Plantation —Kendall Boardwalk
1Minnabow, Brunswick County, North Carolina
(i) Will the placement of the proposed bridge or culvert result in any
fill (other than excavated material described In Item above) to
be placed within coastal wetiandstmarsh (CW), submerged
aquatic'vegetation (SAV), shell bottom (SB); or other wetlands
(WL)T No If any boxes are checked, provide the number of
square feet affected.
❑CW ❑SAV ❑SB
OWL ❑None
(II) Describe the purpose of the excavation in these areas:
RECEIVED
SEP 2,9 2020
DCM WILMINGTON, NC
12
t GENERAL
a. will me proposed project require the relocation of any existing utility b. Will the proposed project require the construction of any temporary
lines? ❑Yes ®No detour structures? []Yes IIoNo
If yes, explain: If yes, explain:
If this portion of the proposed project has already received
approval from local authorities, please attach a copy of the
approval or certification.
C. Will the proposed project require any work channels?
❑Yes MIN.
If yes, complete Form DCM-MP-2.
d. How will excavated or fill material be kept on site and erosion
controlled?
N/A
e. What type of construction equipment will be used (for example, f.
dragline, badthoe, or hydraulic dredge)?
Piling jet, bobcat, backhoe
g. Will the placement of the proposed bridge or culvert require any
shoreline stabilization? ❑Yes ®No
If yes, complete form MP-2, Section 3 for Shoreline Stabilization
only.
9/29/2020
Dam
Orton Plantation — Orton Creek Walkway
Project Name
Peter Tally
Will wetlands be crossed in transporting equipment to project site?
❑Yes ®No
If yes, explain steps that will be taken to avoid or minimize
environmental impacts_
Bridge and connecting walkway will be constructed from
advancing the structures out over the wetlands without
equipment being placed on the wetland surface.
/Appliant Name
Kagr T Z1I`.d , Agent, Land Management Group RECEIVED
Applicant Signature SEP 2 9 2020
DCM WILMINGTON, NC
Application for Major Development Permit —September 2020
Orton Plantation —Kendall Boardwalk
Winnabow, Brunswick County, North Carolina 13
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Land Management Group, Inc.
C/o Mr. Steve Morrison and Andy Dortch
3805 Wrightsville Ave, Suite 15
Wilmington, NC 28403
Dear Mr. Morrison and Mr. Dortch:
NORTH CAROLINA
Environmental Quality
October 12, 2020
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent
for Orton Plantation Holdings, LLC for State approval for the construction of an elevated wooden
boardwalk and a bridge crossing an unnamed tributary off the Cape Fear River, located at 9149 Orton
Road SE, in Winnabow, Brunswick County. It was received as complete on October 7, 2020 and appears
to be adequate for processing at this time. The projected deadline for making a decision is December 21,
2020. An additional 75-day review period is provided by law when such time is necessary to complete the
review. If you have not been notified of a final action by the initial deadline stated above, you should
consider the review period extended. Under those circumstances, this letter will serve as your notice of an
extended review. However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from December 21, 2020, you may
request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the
status of your project. Such a meeting will be held within five working days from the receipt of your written
request and shall include the property owner, developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing' postcard which must be posted at the
property of your proposed development. You should post this notice at a conspicuous point along your
property where it can be observed from a public road. Some examples would be: Nailing the notice card
to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road
right-of-way where a private road would lead one into your property. Failure to post this notice could result
in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the
appropriate State or Federal agency. Please contact me if you have any questions and notify me in
writing if you wish to receive a copy of my field report and/or comments from reviewing agencies.
Ben Brink
Field Representative
cc: Tara MacPherson, DCM USACE
Curt Weychert, MHC Peter Tally, Applicant
Robb Mairs, DWR
North Carolina Department of Environmental Quality I Division of Coastal Management
Wllmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910796,7215
NOTI(01*17j
CAM,.A PERMIT
APPLIED FOR
.. Ma . . - —
Rd
►MMENTS ACCEPTED THROUGH
ANT
Plantation Holdings, LLC
•m, 11 T�-rimes5quare
'ork. NY 10036
Steve Morrison
(9101 452.0001
November
, 20A2"107
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW -
NC Div. of Cumstal Manioaqw-m-wilieff-at
�1
127 Cardinal Dir. Ext.
ROY COOPER
i.mrm.r
MICHAEL S. REGAN
Secman
BRAXTON DAVIS
L1/hY'lar Uirtnmuilfrxnlal Almra,¢nnrnr
October 21, 2020
Advertising@starnewsonline.com
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 29402
Re: Major Public Notice for.
• Dellaine Risley, Emmett Aldredge Jr., Elizabeth Lennon / New Hanover County
• John Walker / Peader County
• Orton Plantation Holdings, LLC / Brunswick County
Hello Angie: Please publish the attached Notice in the Saturday, October, 24, 2020 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management,
127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy
Springer, (Customer No. 70100342).
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington
office.
PiT
S� cerely,
a . Pietila
Permitting Support & Customer Assistance
cc: MHC Files
Curt Weychert— WiRO/MHC
USACE
Since of North Caroline I r'J1V mental Quality I Caevml M=Wmem
127 Cardinal Driw Ea., Wdmingm , NC 28405 919 796 7215
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-
119(b) that the following applications were submitted for a development permits in Areas of Environmental
Concern as designated under the CAMA: On October 16, 2020, Dellaine Risley, Emmett Aldredge Jr., and
Elizabeth Lennon proposed maintenance and new dredging for a private boat basin & access channel at 2010,
2016, 2020 & 2028 Deep CreekRun, adjacent io 11seA1WW, in Wilmington, New Hanover County; on October
15, 2020, John Walker proposed to expand an existing docking facility from two (2) to five (5) slips at 435
Hughes Rd., adjacent to Mill Creek, in Hampstead, Pender County; and on October, 12,2020, Orton Planation
Holdings,. LLC proposed to construct a 1200' long elevated boardwalk with pea gravel on each end at 9149
Orton Road S1~, adjacent to the Cape Fear River, in Winnabow, Brunswick County. Copies of these
applications can be examined or copied at the office of Katharine Elks (New Hanover County), Jason Dail
(Fender County) or Ben Brink (Brunswick County) N.C. Dept. of Environmental Quality, Division of Coastal
Management,127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7424 for New Hanover County, (910)
796-7221 for Pender County or (910) 796-7425 for Brunswick County during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to November 14, 2020 will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and,comment by the public and state and federal agencies. Notice of
the permit decision in these matters will be provided upon written request.
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Peter Talty
.Mailing Address: Orton Plantation Holdings, LLC
37th Floor, 11 Times Square, New York, N.Y. 10036
Phone Number: 212-782-6295
Email Address: petentalty(EDbllc.com
I certify that l have authorized Land Management Group,
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: Construction of a raised wooden
cartpath/walkwav across marsh and tidal ditch
at my.property located at Orton Plantation,
in Brunswick County.
l furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Title
l/ 2.0
Date
This certification is valid through 12131123
4LMG
C
a OJWEY1 cump.1N
September 4, 2020
NC DEPARTMENT OF TRANSPORTATION
300 DIVISION ROAD
WILMINGfON, NC 28401
To Whom It May Concern:
This letter serves to notify you of the proposed construction on the interior portion of the Orton Plantation
property. Enclosed are plans for a proposed walkway over Orton Creek east NC HWY 133. A NC CAMA
Major permit is required for the construction of the walkway under the Coastal Area Management Act. As
an adjacent riparian owner to the project, you are required by the permit application process to be notified.
A copy of the CAMA permit application (narrative, application forms, and figures) as it has been submitted
to NC DCM is enclosed. Please review the attached permit application and drawings. Appendix B of the
application may be delivered upon request. Should you have any objections to this proposal, please send
your written comments within 30 days of your receipt of this notice to:
Benjamin Brink
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Comments will be considered by the NC Department of Coastal Management in reaching a final decision on
the application. No comment within 30 days of your receipt of this notice will be considered as no objection.
If you have any questions on this project, please call me at 910-452-0001, or e-mail me at
adortch((Dlmaroup net
Sincerely,
RECEIVED
Andy Dortch, Agent SEP 2 S ZKO
Land Management Group
DCM WILMINGTQN, NC
Enclosures
www.lmgroup.net . Phone: 910.452.0001 . Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
4LMG
.a DMrEA compm
September 4, 2020
STATE OF NORTH CAROLINA
116 W ]ONES STREET
RALEIGH, NC 27603
To Whom It May Concern,
This letter serves to notify you of the proposed construction on the interior portion of the Orton Plantation
property. Enclosed are plans for a proposed walkway over Orton Creek east NC HWY 133. A NC CAMA
Major permit is required for the construction of the walkway under the Coastal Area Management Act. As
an adjacent riparian owner to the project, you are required by the permit application process to be notified.
A copy of the CAMA permit application (narrative, application forms, and figures) as it has been submitted
to NC DCM is enclosed. Please review the attached permit application and drawings. Appendix B of the
application may be delivered upon request. Should you have any objections to this proposal, please send
your written comments within 30 days of your receipt of this notice to:
Benjamin Brink
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Comments will be considered by the NC Department of Coastal Management in reaching a final decision on
the application. No comment within 30 days of your receipt of this notice will be considered as no objection.
If you have any questions on this project, please call me at 910-452-0001, or e-mail me at
adortch(allmarouo net
Sincerely,
RECEIVED
Andy Dortch, Agent SFF 2 9 ZOO
Land Management Group
DCM WILMINGTON, NC
Enclosures
mrw .lmgroup.net . Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 29403
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■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpleco,
or on the front if space permits._
t. Article Addressed to
3017 5J\r; S:.v� �1 ohd
III (IIII IIII IIIIIIII III IIIIII II III IIII I II I III
9590 9402 5776 0003 9680 30
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If YES, emer delivery address below: ❑ No
7005 2570 0000 5704 2314 "FUF
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PS Form 3811, July 2015 PSN 7530-02-000-9053 AD \Qi-AO
❑ Rbey Melt Eapr a
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RECEIVED
SEP 2 9 2020
DCM WILMINGTON, NC
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
Name of Property Owner: Orton Plantation Holdings, LLC
Address of Property:
9149 Orton Road SE
(Lot or Street #, Street or Road, City & County)
Agent's Name #: Steve Morrison—
Agent's phone #:910-452-0001
Mailing Address: 3805 Wrightsville Ave STE 15
Wilmington NC 28403
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing with dimensions must be provided with this letter.
AKH I have no objections to this proposal. I have objections to this proposal.
If you have objections to whatis being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is
available at hdp://www,nccoastalmanagement netlweb/cm/staff listing or by calling 1-888-4RCOAST.
No response is considered the same as no objection if yo2 have been notified by Certified Mail
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If
you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement. RECEIVED
AKH SEP 2 9 2020
I do not wish to waive the 15' setback requirement.
NC
(Property Owner Information)
5Uvl Flo�n.tios,, Agent
Signature
Steve Morrison
Print or Type Name
3805 Wrightsville Ave STE 15
Mailing Address
Wilmington NC 28403
City/State/Zip
910-452-0001 / smorrison@lmgroup.net
Telephone Number/ Emall Address
9/24/2020
Date
(Riparian Property Owner Information)
.r9 lyluxm4t47t
Signature
Angel Hammers, Engineering Tech NCDOT
Print or Type Name
30D Division Drive
malting Address
Wilmington NC 28401
City/StatelZip
91 D-398-9100 / akhammers@ncdot.gov
Telephone Number/Email Address
9/24/2020
Date
(Revised Aug. 2014)
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Your item was delivered to the front desk, reception area, or mail room at 3:36 pm on September 8,
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FAQs RECEIVED
OCT 012020
DCM WILMINGTON, NC
NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: 1 f n j Ew/ f- S
Fee: $Z So # to(ora
CDAITS _ MHC cc
Applicant: p r•}ovX r 0.i�o✓� D nY� 1 n/� 1' Agent/Contractor: S i-e-V e Morri f o rn /mod I�oft�h LM
Project Site County: rtAP` S w ICk—
Staff: 9,r; N v-
District: Wilmington
I
Project Name: riven QlgY4,piitko v1 xr n A w
Rover File: n/a
River Basin:
Initial date of application submittal: 9 zo Zv
Date application "received as complete' in the Field office: p 7 LO
Permit Authorization: X
LAMA ❑ Dredge & Fill Both
SITE DESCRIPTION/PERMIT INFORMATION
ORW: Yes
PNA: ❑Yes 7woPhotos
Taken: Yes ❑ Nc9LSetback
Required (riparian): ElYe9gNo
Critical Habitat: ❑Yes Y4Wo ❑Not Sure
15 foot waiver obtained: ❑Yes o
Hazard No " nation Returned:
❑Yes JANO
SAV: ❑Yes o El Not Sure
Shell Bottom: []Yes -5LNo ❑ Not
Temporary Impacts: Yes []No
Sure
Sandbags: []Yes Wo ❑ Not Sure
Did the land use classification come
Mitigati n Required (optional):
from county LUP: JXYes ❑No
❑Yes Klo
Moratorium Conditions:
Environmental Assessment Done:
Length of Shoreline:
❑Yes JtNo ❑NA
[]Yes ❑No ❑NA
t ii FT. i6f" al r+l ler)
Shellfish Area Desi nation:
Project Description: (code)
Development Area: (code)
Open -or- Closed
P
. t8
SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) I 0�§Wamp Waters (SW)
❑ High Quality Waters (HQW) J ❑ Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
El (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort ( Salicornia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
ASAI Salt marsh cordgrass (Spartina
SY) Salt reed grass (Spartina
altemifiora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncos
❑ (SP) Salt(meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490 1 ❑ III(D) Priv. public or Comm w/ D&F to 1
can be applied - $250 acre; 4144 can't be applied - $400
❑ Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer - $100
❑ Ill(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 4144 can be applied - $400
❑ Major development extension request -
L1 II. Public or commercial/no dredge
$100
and/or fill - $400
I. Private no dredge and/or fill - $250
❑ III(C) Priv. public or comm w /D&F to 1
acre; 4144 can be applied; DCM needs
DWQ agreement - $400
Applicant: Orfor Ploo-4 o" �eI6/n5f, ac
Date: 10/1 2/2D Zo
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
,1 p
New Work
Replace
1 9 % %
Nf ua�kw0.
.in, ❑
❑ Y N
i
re
g�
New Work Rk
Replace
X
33
Maint ❑
❑ Y N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y [IN
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipatedfinal
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
temp impacts)
impact amount
temp impacts)
amount
b/
Dredge ❑ Fill ❑ Both ❑ other
-Z3 1
I
+T &
Dredge ❑ Fill ❑ Both ❑ Other
771)
'Z7'7,.11
/ Gc.�
�'V 1
Dredge ❑ Fill ❑ Both ❑ Other V,
li Da2
%/ aoZ
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
919.733-2293::1-888-4RCOAST::w .nccoastatmananemeM_net revised: 02/26MB
Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
10/19/2020
10/20/2020
Davey Resource
Orton Plantation
United
2066
$250.00
major fee, 9149 Orton Rd SE,
Ben rct.
Group Inc.
Holdings, U-C
Bank
Winnabow BRCO NO Split
11717
Major Permit Fee Schedule
Project Name: O f+Dtiti P(A#�o v) County: IJ rvrtSW)(14 Check No & Amount: #-004(o
k6mi lall P64JWay S 2so-Do
Development Type
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
excavation of any wetlands or
$z50
100% ($250)
0% ($0)
open water areas:
II. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
of any wetlands or open water areas.
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B, C, or D below applies:
III(A) - Private, non-commemial
development, if General Water Quality
$250
100% ($250)
01% ($0)
Certification No. 4175 can be applied.
III(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
011/" f50)
No. 4175 can be applied:
III(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
60% ($240)
40% ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
III(D). If General Water Quality
Certification No 4175 cannot be applied
$400
60% ($240)
40% ($160)
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas:
DCM Coordinator: Curt Weychert
Circle one: io Repo / Permit for:
Oversize Plans nt:N'
County: of,
Permit #;
WIRO E-MAIL DISTRIBUTION SHEET
%Vtm �11ZVtt lo' q .OVIAI
DCM Offices:
Morehead City: PT (if oversize) via Courier
cc Curt &Amanda on group email w/ bi .narr app drawings, deed, comment sheet
*MHC documents (Curt & Amanda)
Wilmington. Original hard -copy _L
ONLY USA CE & DWR (wino): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: & Carteret Cc): PN, CL, Reports, Split Sheet _
use both WilmingtolREG@usace.army, miI (NH/BR): PN, CL, Reports, Split Sheet
eg Currey (NH/BR PN, CL, Reports, Split Sheet _
Div of Water Resources: obb Mairs - 401 (BR/NH): PN, CL, Reports, Split Sheet _
�01 (PN/ON): PN, CL, Reports, Split Sheet
Div of Water Resources: VSheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries:
,jdm Harding
DCM PlannertWiRO:
14ke Chnstenbury
Cultural Resources:
. enee Gledhill -Earley EnyironmentaLRoyiewOncdenrgoV
_
Natural Heritage Prog.
Oodney Butler
DCA-Rural Eco. Dev:
�rk Ziegler
NC DOT:
avid Harris
Wildlife Resources:
vfvl?�aria Dunn w/Reports
State Property Office:
Walton: DEED
_
,Xike, Moser _
Acla Hilliard, Real Property Agent (Bio Reports only) _
Shellfish Sanitation:
./er my Humphrey (Bio)
,Sron Gupton, Admin.
DEMLR:
(l Hall - Stormwater Section
_
t�n Sams - Land Quality Section
Public Water Supply:
Xeidi Cox _.
City of Wilmington:
Enforcement: FieldrrRtenp: t`J? V1 ICJyi ✓t �
Co. LPO ✓ (' n i Mayi lrwe,
Agent:
DISTRIBUTED: toL-A w 1 ► t
Updated 1"112e CAMA/Shaun majors docs/e'Agency List
Orton Plantation Holdings, LLC
New Tax Parcel Numbers
1..Orton Plantation, LLC Tract:
*14400001 . (House, Grounds & Rice Field)
3onK 110`4 ' ��` L
2. Orton Longleaf, LLC CE Tract:
*1440000111 (Elijah's House- 252.52 acres)
*1440000112 (Big ,Field- 179.04,acres total)
p
aodC 31U
1440000110 (Triangle Tract„MB 63, Pg. 24)
1440000104 (Tower Site)
-
(tJ�r+•may ►�"
1440000103 (Cemetery)
15900002 (Spoil area)
3. Orton Longleaf, LLC Tract:
*1440000113 (Tract 4- our survey-3984.13 acres),
57s.
3 oe1< 310a f `y
l
S!3
.
31wwy &P.�kJe�
80011. 3
f A,d)
4. Lilliput Interests, LLC Tract:
*1440000114 (Tract 5- our survey- 2734.62 acres)
*1440000118 (Tract 3- our survey- 422.87 acres)
pm sy 0
*1440000115 (Tract 5A- our survey- 9.44 acres)
B°�4''+lr �}
* 1440000116 (Tract.6- our survey- 423 acres)
4 W c Ai
3°°k 3w ,
*1440000117 (Tract 7- our survey- 4.47 acres)
i
IIIIIIIINI1111IIIIIIIIII IIIIIIIIIIII �31a4 P@55�em@a 0-204000
Brunswick County, NC Register of Deeds page 1 of 5
Brenda M. Clemons Register of Deeds
11-10-2010 15:00:41.000 Brunswick County, NC
NC REVENUE STAMP: $6000.00 (#Z38186),
PREPARER HAS NOT SEARCHED
AND DOES NOT CERTIFY TITLE'
TO THE PROPERTY DESCRIBED HEREIN
i
Prepared by:
MrGuireWoods LLP
300 North Third Street, Suite 400
Wilmington, North Carolina 28401
Revenue Stamps: $6,000.00
Tax Parcel Numbers: Parcel Number
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
THIS GENE, RAL WAR
2010, is made by ORTON PLAI
(the "Grantor"), to ORTON PL7
company (the "Grantee"), whose
Now York 10020.
THAT the Grantor, by these pr
Grantee, in fee simple, all of Grantor's
l situated in Brunswick County, North C
attached hereto.
=esnt a C1' Ret
-57ctal_Re�Int.
Ck3 dSU_Ck #-k!O—Cash$
Refund: Cash $ _ _ Finance
❑ Potions cf documentarerr%gil a due to wndltion
of cdgMSL
n cnuircntwrtalns sedsv0l.-d by adginai
,_vuai:rt T,eucagnol to repulntcd orowl ed.
GENERAL WARRANTY DEED
( DEED (this "Deed"), dated as of November /e ,
)N, LLC,,allorth Carolina limited liability company
ION HOLDINGS, LLC, a Delaware limited liability
is 1251 Avenue of the Americas, 17t6 Floor, New York,
does grant, assign, transfer and convey unto the
title and interest in and to that certain property
1; and more particularly described on Exhibit A
TO HAVE AND TO HOLD the aforesaid property, together with all easements,
tenements, privileges and appurtenances thereunto belonging to the Grantee in fee simple
forever.
• 11
������������������� B3D04dP032f45'000
And the Grantor covenants with the Grantee, that Grantor is seized of the said premises in
fee simple and has the right to convey the same in fee simple; that the same are free from
encumbrances; and that the Grantor will warrant and defend the title against the claims of all
persons whatsoever except for the exceptions hereinafter stated. Title to the property,
hereinabove described is subject to the exceptions set forth in Exhibit B attached hereto.
IN WITNESS WHEREOF, the Grantor has duly executed this. Deed, all as of the day
and year first above written.
GRANTOR:
ORTON PLANTATION, LLC
By:I i �l �.
Laurence G Spru t, Mf age-
By:
David prunt, Manager
STATE OF NORTH CAROLINA
COUNTY OF NtVV fttLVW
Illllllllllll lllllllllllllllRegister 83104dP0954a50o0
I, iU1 L N,� t1:Q/y a Notary Public of the County and State
aforesaid, certify that Laurence.'G. Sprout and David H. Sprout personally appeared before me
this day and acknowledged that they are the Managers of Orton Plantation, LLC, a North
Carolina limited liability company (the "Company'o, and that they, as the Managers of the
Company, being authorized to do so, voluntarily executed the foregoing instrument on behalf of
the Company for the purposes stated therein.
I certify that the Signatory
'(I have personal kn
(I have seen satisfactory
federal identification wit
of the following)
a driver's license;
other (describe:_
(a credible witness has s
WITNESS my hand and official
0III
My commission expires:
q
(NOTARIAL SEAL):
Pt
ilL a.
illy appeared before me this day, and
one ofthefollowing):
e of the identity. of the Signatory); or
vidence of the Signatory's identity, by a current state or
the Signatory's photograph in the form of: (check one
104
to the identity of the Signatory).
10 - day of OUVe-Wk1- , 2010.
Notary Public
(type or print name)
TARY _
as —
gIIC
IIILigI l II II IIII11111111111111111111 lag pm 11 a0= <
Brunsulek County, NC Register of Deeds page 4 of 5
Exhibit A
Orton House, Gardens and Rice Field Tract:
BEGINNING in the western line of the Cape Fear River at the mouth of Orton
Creek, and running thence westwardly in the run of Orton Creek 2,700 feet; more or less, to its
intersection With the former boundary,line between Orton Plantation and Kendall, Plantation, said
intersection being 300 feet, more or less, northeastwardly from where Orton Creek turns sharply
toward the south; thence South 40.00 degrees West 1,262.09 feet to a point; thence North 66
degrees 05 minutes 30 seconds West 1',670.90 feet to a point; thence South 30 degrees 27
minutes 27 seconds West 412.38 feet to a point in the centerline of State Road 1530; thence
southwardly in the centerline of State Road No. 1529 to its intersection with the center of the
pipe outlet running under said State Road on Orton Pond dam; thence eastwardly in the run of a
small creek leading from said pipe outlet to an iron pipe in the middle of an unpaved road, said
iron pipe having North Carolina Grid oordinates of North 113,497.02 and East 2,318,637.99
NAD 83, said iron pipe also being in:anortherly line of that tract deeded to Kenneth M. Sprunt
by Deed recorded in Book 791 atPage 464 in the Brunswick County Registry; th ence South 82
degrees 44 minutes 14 seconds East 2�ence South 827.83.feet, along said small creek to its intersection with
the high water line of a rice field; thence along the high water line of said rice field in a southerly
direction to a point that is South 16 degrees 04 minutes 51 seconds West 829.04 feet from the
point of intersection of said small creek with the high water line of said rice field; thence South
73 degrees 51 minutes 33 seconds East 49.98 feet to a point in a dike; thence North 60 degrees
55 minutes 32 seconds East 145.63 feet to a point in said dike; thence South 83 degrees 33
minutes 45 seconds East213.45 feet to a point in said dike; thence South 60 degrees 50 minutes
29 seconds East 174.45 feet,to a point in said dike; thence South 81 degrees 48 minutes 15
seconds East 392.87 feet to a point in said dike;, thence South 79 degrees 28 minutes 29 seconds
East 126.88 feet to a point in said dike;) thence South 79 degrees28 minutes 29 seconds East
260.38 feet to a point in the wester line of the Cape Fear River, thence northwardly along the
western line of.the Cape Fear River approximately 5,000 feet to the point of beginning, and
consisting of approximately 381 acres; more or less.
The above described tract being
by Deed recorded in Book 791 at Page
the property.described in a Deed from 1
Orton Plantation, LLC dated as of Man
the Brunswick County Registry, and in
more or less, described in a Deed from
Laurence G. Sprunt dated September I i
Brunswick County Registry.
3 portion of the property deeded to Kenneth;M. Sprunt,
64 of the Brunswick County Registry and a portion of
aurence G. Sprunt and wife, Elizabeth H. Sprunt to
131, 2006 andrecorded in Book.2361 at Page 1200 in
Ludes a rice field tract of approximately 61.35 acres,
:enneth M. Sprunt and wife, Elizabeth L. Sprunt to
2000 and recorded in Book 1404 at Page 899 in the
IIIIIIIIIIIIIIIII(IIIIIIIII(NIIIIIII a3iO4 p�5sm -20
arunsurek County, NC Register of Deeds page 5 of 5
Exhibit B
1. 2010 and subsequent years' ad valorem taxes, and any deferred taxes under N.C.G.S.
Section 105-277.IF et seq.
2. Right of Way Agreement in favor of State Highway & Public Works Commission
recorded in Book 125, Page 192, Brunswick County Registry.
3. Easement &-Right of Way in favor of Carolina Power & Light Company recorded in
Book 133, Page 49,.Brunswick (County Registry.
4. Right -of -Way Easement to Bru"ck Electric Membership Corporation recorded in
Book 933, Page 1048, Brunswick County Registry.
5. General Permit to Southern 1
571, Brunswick County Regi
6. General Permit between Sou
James L..Sprunt recorded in.
7. A portion of the subject prop
America, recorded in Book 1
8. Any portion of the Property 1
Pathways, cartway, etc., or ri,
9. Rights of others in and to the
and branches located on the I
10. Any encroachments, overlaps,
variations in area or content, p
inspection of the property wou
I L Rights of others, if any, in and
12. All governmental land use state
including zoning, building and
13. No warranty is made with re
water mark of the Cape Fear
Telephone &Telegraph Co. recorded in Book 123, Page
Bell Telephone & Telegraph Company and Mr. & Mrs.
189, Page 47, Brunswick County Registry.
is subject to an casement to the United States of
Page 513, Brunswick County Registry.
within the bounds of any streets, roads, highways,
)f way thereof.
uninterrupted flow of Orton Pond and any creeks,
line disputes, easements, measurements,
or other facts which a correct survey and
any private roads or cemeteries affecting the, property.
ordinances and regulations applicable to the property
livision regulations.
to any portion of the property below the mean high
r or any other area adjacent to navigable tidal, waters.
PREPARER HAS NOT SEARCHEI
AND DOES NOT CERTIFY TITLE
TO THE PROPERTY DESCRIBED
Prepared by:
McGuireWoods LLP
300 North Third Street, Suite 400
Wilmington, North Carolina 28401
Revenue Stamps: $3,080.00
Tax Parcel Numbers: Parcel
Parcel
Parcel Numb1
Part of Parcel
STATE OF NORTH CAROLINA i
i
COUNTY OF BRUNSWICK
THIS GENERAL WAR
2010, is made by ORTON LON
"Grantor"), to ORTON PLANT.
company (the "Grantee"), whose
New York 10020.
Brunswick CounIIIIII IIIIIIgIIII �sia� Pais 16-00'40�001
8runauick County, NC Register of ands N. elemmans
Deeds page 1 of 15
Brenda M. Clemmons Roolster of Deeds
11-10-2010 16:00:41.00t Brunswick County, NC
NC REVENUE STAMP: $3080,00 ()t238188)
:
r Ret:
�
IJ-i, !::6Re _InL
C4 $i(_ Ck LL CzsS S
Cash S __ Fnance
r '-.rz ofda:ur itam ift.bls due to wndw
p A.
1440000103
1440000104
1440000110
15900002
umber 1440000106
GENERAL WARRANTY DEED
'DEED (this "Deed"), dated as of November l0,
, LLC, a North Carolinalimited liability"company (the
HOLDINGS, LLC, a Delaware limited liability
is 1251 Avenue of the Americas, 171h Floor, New York,
THAT the Grantor, by these presents does grant, assign, transfer and convey unto the
Grantee, in fee simple, all of Grantor's right; title and interest in and to that certain property
situated in Brunswick County, NorthCarolina; and more particularly described on Exhibit A
attached hereto.
B,MsW Nc Register of needs page B3104 P0560�2�sf415a,
AND the Grantor hereby also designates and assigns to the Grantee the following rights
and interests under that certain Conservation Easement recorded in Book 1425, Page 724,
Brunswick County Registry and re -recorded in Book 2678, Page 0001, Brunswick County
Registry, and Amended and Restated Conservation Easement by and between Orton Longleaf,
LLC and, the North Carolina Coastal Land Trust recorded in Book 3000 at Page 1250 of the
Brunswick County Registry (the "Conservation Easement") with respect to the aforesaid
property:
1. The right to expand the agricultural uses of the aforesaid property by sixteen (16)
Acres in the aggregate pursuant to Article II, Subsection B.2. of the Conservation Easement:
2. The right to graze, pasture and maintain up to five. (5) horses on the aforesaid
property pursuant to Article II, Subsection B.6. of the Conservation Easement.
3. The right to establish and maintain up to fifty-two (52) acres of wildlife food plots
on the aforesaid property pursuant to Article II, Subsection C.5. and Article II, Subsection G. 2.
of the Conservation Easement.
4. The right to construct, maintain and utilize the Family Lodge (as defined in the
Conservation Easement) pursuant to Article II; Subsection J.6. of the Conservation Easement.
Provided that the Grantor reserves unto itself and its successors and assigns any and all rights
and interests under the ConservationEasement not specifically designated or assigned to the
Grantee hereunder with the property ,Subject to the Conservation Easement which the Grantor is
not conveying to the Grantee hereunder, including without limitation the following:
1. The right to expand the agricultural uses of the aforesaid property by eighty-four
(84) acres in the aggregate pursuant to Article II, Subsection'B.2. of the Conservation Easement.
2. The right to graze, pasture and maintain up to twenty-five (25) horses on the
aforesaid property pursuant to Article 11, Subsection B.6. of the Conservation Easement.
3. The right to establish and maintain up to two hundred seventy-eight (278) acres of
wildlife food plots on the aforesaid property pursuant to Article II, Subsection C.5. and Article
II, Subsection G. 2. of the Conservation Easement.
4. The right to remodel, demolish and/or re -build the Hunting Lodge (as defined in
the Conservation Easement) pursuant) to Article II, Subsection J.4. of the Conservation Easement.
5. The right to construct, Imaintain and utilize three (3) single family residences
pursuant to Article II, Subsection J.5. of the Conservation Easement.
TO HAVE AND TO HOLD the aforesaid property, together with all easements,
tenements, privileges and appurtenances thereunto belonging to the Grantee in fee simple
forever.
And the Grantor covenants w, h the Grantee, that Grantor is seized of the said premises in
fee simple and has the right to cone the same in fee simple; that,the same are free from
I IIIIIIIIIIIiII�IIIIIIIIIIIIIIIIIIIIII 83ia4 �0561mmcns•41'001
Brunswick ounty, NC Register of Deeds page a of IS
I
encumbrances; and that the Grantor will warrant and defend the title against the claims of all
persons whatsoever except for the exceptions hereinafter stated. Title to the property
hereinabove described is subject to the exceptions set forth in Exhibit B attached hereto.
IN WITNESS WHEREOF, the Grantor has duly executed this Deed, all as of the day
and year fast above written.
GRANTOR
ORTON LONGLEAF, LLC
0-2010
STATE OF NORTH CAROLINA IIIIInswi k CaIIty, NC
Register Deedspagepage' 64 of 15 +
COUNTY OF 1�faN "11tCVV)VL'
I, �W Nwr-#— a Notary Public of the County and State.
aforesaid, certify that Laurence G. Sprunt and David H. Sprunt personally appeared before me
this day and acknowledged that they are the Managers of Orton Longleaf, LLC, a North Carolina
limited liability company (the "Company', and that they, as the Managers of the Company,
being authorized to do so, voluntarily executed the foregoing instrument on behalf of the
Company for the purposes stated therein.
I certify that the Signatory personally appeared before me this day, and
J (check one of the following):
(1 have personal knowledge of the identity of the Signatory); or
(I have seen satisfactory evidence of the Signatory's identity, by a current state or
federal identification with the Signatory's photograph in the form of: (check one
ofthefollowing) i
_ a driver's license; or
other (describes l; or
(a credible witness hay sworn to the identity of the Signatory).
WITNESS my hand and officlhal seal this A2i day of OVUIv1,VX41' , 2010.
/;�ti mter
Notary Public j)YC 0(fr e—1
(type or print name)
My commission expires: `\\��tt�
NOTARY
(NOTARIAL SEAL) _
`'UBLIC
4tr` O
IIIIIIIIiWill 1lllllfill llllllilllll B31@4'P@ss3 1e ��0
Brunswick County, NC Register of Deeds' ns47.001
Page S of 13
Exhibit A
FIRST TRACT (Part of Parcel Number 1440000106):
Beginning at an old railroad spike directly over the culvert carrying the discharge waters of
Orton Pond into a no name creek, on the centerline of Plantation Road SE (100-foot public right-
of-way), also known as SR1529 in Brunswick County, North Carolina. Said railroad spike being
located 0.5 miles, more or less, as measured along said Plantation Road southwardly from the
intersection of said Plantation Road SE and Orton Road SE (100-foot wide public right-of-way),
also known as SRI530. 1
Running thence from said beginning spike:
1. North 88 degrees, 53 minutes, 47 seconds East, 50.54 feet to a point on the easterly
right-of-way line of said Plantaiion Road; THENCE
2. Down and with the run of a no name creek the following courses and distances:
North
85 degrees
26 minutes
18 seconds East
791.53 feet
North
16 degrees
27 minutes
58 seconds East
676.04 feet
North
27 degrees
49 minutes
25 seconds East
193.01 feet
North
37 degrees
55 minutes
35 seconds East
66.13 feet
North
60 degrees
17 minutes
12 seconds East
51.64 feet
North
88 degrees
08 minutjes,
31 seconds East
388.20 feet
South
74 degrees
55 minutes
26 seconds East
185.57 feet
South
53 degrees
24 minutes
57 seconds East
99.54 feet
-- and
—
South
66 degrees
59 minutes
43 seconds East
152.64 feet
to the intersection of `Broadwater Branch"; THENCE
3. Continuing with and down said `Broadwater Branch"
as it meanders to the.east:
South
06 degrees
46 minutes
27 seconds East
143.31 feet
South
70 degrees
07 minutes
53 seconds East
671.71 feet
North
65 degrees
21 minut s
33 seconds East
389.28 feet
South
82 degrees
44 minut s
14 seconds East
554.87 feet
to its intersection with
the apparent high water -line on
the western edge of the
Cape Fear River; THENCE
4. With and along said
high waterline:
South
00 degrees
33 minutes
22 seconds East
84.15 feet
South
60 degrees
33 minutes
22 seconds East
207.60 feet
South
02 degrees
19 minutes
38 seconds East
158.02 feet
South
25 degrees
48 minutes
57 seconds East
269.90 feet
South
00 degrees
44 minutes
50 seconds East
237.45 feet
—and—
Brunswick co�I��gC Register B3D04 P05641 60 }415ot
South 10 degrees 04 minutes 51 seconds West
829.04 feet
to a point in a run of another creek; THENCE
5. Down and with the run of last said creek as it meanders to the east:
South 73 degrees 51 minutes 33 seconds East
49.98 feet
North 60 degrees 59 minutes 32 seconds East
145.63 feet
South 83 degrees 33 minutes 45 seconds East
213.45 feet
South 60 degrees 50 minutes 29 seconds East
174.45 feet
South 81 degrees 48 minutes 15 seconds East
392.87 feet
South 79 degrees 28 minutes 29 seconds East
126.88 feet
-and-
South 79 degrees 28 minutes 29 seconds East
260.38 feet
to a point on said high waterline; THENCE
6. Continuing along the high waterline on the western edge of the Cape Fear
River as it meanders in a southerly direction:
South 14 degrees 47 minutes 12 seconds West
390.71 feet
South 20 degrees 37 minutes 00 seconds West
331.75 feet
South 18 degrees 02 minutes 28 seconds West
349.45 feet
South 23 degrees 28 minutes 34 seconds West
347.93 feet
-and-
South 24 degrees 14 minutes 29 seconds West
453.49 feet
to a point in the center of a canal; THENCE
Up and with centerline of said
North 57 degrees 24 mint
North 84 degrees 14 mint
South 87 degrees 49 mint
to a point in Spillway Creek (s
THENCE
Up and with the run
that is:
North
56 degrees
North
67 degrees
North
50 degrees
North
56 degrees
North
87 degrees
South
81 degrees
North
North
North
North
North
North
North
57 degrees
48 degrees
36'degrees
32 degrees
15 degrees
15 degrees
17 degrees
45
52
40
36
02
04
28
41
10
47
39
25
04
as it meanders in a westerly direction:
00 seconds West 177.51 feet
25 seconds West ' 672.77 feet
30 seconds West 191.96 feet
mes called Orton Creek);
Creek in a northwardly direction to a point
27 seconds West
00 seconds West
45 seconds West
56 seconds West
50 seconds West
37 seconds West
43 seconds West
19 seconds West
45 seconds West
26 seconds West
24 seconds West
24 seconds West
54 seconds West
128.56 feet
136.97 feet
290.94 feet
164.97 feet
239.40 feet
208.51 feet
93.09 feet
200.75 feet
202.26 feet
134.25 feet
114.44 feet
170.13 feet
199.01 feet
010
IIBrunswick llllllillllllllRegister �104d?�565,F°i5a'
-and—
North 23 degrees 49 minutes 41 seconds West 133.08 feet to a point
on the easterly right-of-way line of said Plantation Road; THENCE
9: North 00 degrees, 12,minutes; 54 seconds West, 141.45 feet along said easterly right-of-
way line to a point at the beginning of a curve to the West. Said curve
having a radius of 867.00 feet; THENCE
10. With arc of said curve as it curves to the West and along the easterly right-of-way
line of said Plantation Road to a point at the northerly end of said curve that is North
19 degrees, 30 minutes, 02 seconds West, a chord distance of 572.70 feet; THENCE
11. North 38 degrees, 47 minutes,l09 seconds. West, 440.53 feet along said easterly right-of-
way line to a point at the beginning of a curve to the east. Said curve having
a radius of 561.79 feet; THENCE
12. Along the easterly right-of-way line of said Plantation Road and along the arc of last said
curve to a point at the northerly end of last said curve that is North 17 degrees, 44
THENCE 1 seconds West, a chord distance of 403.56 feet from the preceding point;
13 Continuing along the easterly fight -of way -line of said Plantation Road North 03
degrees, 18 minutes, 47 seconds East, 273.71 feet to a point at the southerly end of
a curve to the west, having a radius of 540.00 feet; THENCE
14. Along the are of last said cury
of said Plantation Road SE to.
degrees, 08 minutes,12 secon
preceding point
The same being Tract I shown on a i
prepared by Sherwin D. Cribb, NC P
2009 and revised July 2, 2009, Sheet
The above -described tract contains
SECOND TRACT (Parcel
as it curves to the west, and along the easterly line
c point and place of beginning that is North 02
East, a chord distance of 24.23 feet from the
p of "Division of Property for "Orton Longleaf, LLC"
fessional Land Surveyor, L-1099, dated February 10,
Of 9.
.62 acres, more or less.
3 and Part of Parcel Number 1440000106):
Portion 1:
i
To arrive at the true point of beginning commence at a magnetic nail on the centerline of
Plantation Road SE (100-foot wide public right-of-way), also known as SR1529, in Brunswick
County, North Carolina. Said nail being located 0.8 miles, more or less southwardly as
measured along said Plantation Road SE from its intersection with Orton Road SE (100-Foot
wide public right-of-way), also known las SR1530. Said nail being over the centerline of
7
IIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIII LittP0566 oas41.001
Brunsuiek County, ne Register of Deeds page 8 of 15
Spillway Creek discharging the waters of Orton Pond to the Cape Fear River. Go thence South
83 degrees, 38 minutes, 33 seconds West, 50.29 feet to a point on the easterly right-of-way line
of said Plantation Road, the true point of beginning.
Running thence from said beginning point:
1. Down and with the run of Spillway Creek as it meanders in an easterly direction, the
following courses and distances::
North
83 degrees
38 minutes
33 seconds East
126.80 feet
North
42 degrees
11 minutes
24 seconds East
213.11 feet
North
60 degrees
36 minutes
04 seconds East
54.85 feet
South
84 degrees
32 minutes
08 seconds East
264.24 feet
North
79 degrees
42 minutes
01 seconds East
54.31 feet
North
31 degrees
35 minutes
46 seconds East
63.92 feet
North
26 degrees
50 minutes
20 seconds East
51.31 feet
South
80 degrees
24 minutes
56 seconds East
88.35 feet
South
48 degrees
37 minutes
53 seconds East
89.81 feet
South
38 degrees
01 minute
17 seconds East
97.60 feet
South
23 degrees
49 minutes
41 seconds East
133.08 feet
South
17 degrees
04 minutes
54 seconds East
199.01 feet
South
15 degrees
25 minutes
24 seconds East
170.13 feet
South
15 degrees
39 minutes
24 seconds East
114.44 feet
South
32 degrees
47 minutes
26 seconds East
134.25 feet
South
36 degrees
10 mint es
45 seconds East
202.26 feet
South
48 degrees
41 mint es
I9 seconds East
200.75 feet
South
57 degrees
28 minutes
43 seconds East
93.09 feet
North
81.degrees
04 minutes
37 seconds East
208.51 feet
South
87 degrees
02 minutes
50 seconds East
239.40 feet
South
56 degrees
36 minutes
56 seconds East
164.97 feet
South
50 degrees
40 minutes
45 seconds East
290.94 feet
South
67 degrees
52 minutes
00 seconds East
136.97 feet
-and-
South
56 degrees
45 minutes
27 seconds East
129.56 feet
to a point in the centerline of a canal; THENCE
2. Continuing down and with the cemerline of said canal:
North
87 degrees
49 minutes
30 seconds East
191.96 feet
South
84 degrees
14 minutes
25 seconds East
672,77 feet
-and-
South '57
degrees
24 minutes
00 seconds East
177.51 feet
to a point on the high waterline lof the western edge of the Cape Fear River;.
THENCE
i
3. In a southerly direction along said high waterline as it meanders in a southerly
direction the following two calls :
South
25 degrees
31 minutes
17 seconds East
130.00 feet
Illllilllllflllllllllllilllllllllllllr B3104 P0561�;mo f°SzO,
—and—
South 07 degrees 15 minutes 15 seconds West 28.49 feet to a point
on the northerly boundary of Brunswick Town historic site, as described in a deed
recorded in book 113 at page 287 of the Brunswick County Registry; THENCE
4. South 86 degrees, 31 minutes, 14 seconds West, 711.61 feet along said
northerly boundary line to a point that is North 03 degrees, 28 minutes, 46 seconds
West, 497.03 feet from monument "Russellborough"; THENCE
5. Continuing South 86 degrees, 31 minutes, 14 seconds West, 27.31 feet to an old
concrete monument on said northerly boundary line; THENCE
6. Continuing South 86 degrees, 31 minutes, 14 seconds West, 472.43 feet along
said northerly boundary line to an old concrete monument. Last said monument
being the northerly most comer of said Brunswick Town historic site; THENCE
7. South 07 degrees, 17 minutes, 46 seconds West, 1,086.18 feet along a westerly line
of said Brunswick Town historic site to an old concrete monument; THENCE
8. South 23 degrees, 54 minutes,154 seconds East, 849.25 feet along another westerly
line of said Brunswick Town historic site to a point on.the northerly right-of-way of St.
Phillips Road (100-foot wide public right-of-way), also known as SR1530; THENCE
9. North 71 degrees, 06 minutes, 08 seconds West, 478.82 feet along a northerly right-
of-way line of said St. Phillips Road to a point at the easterly end of a curve to the
South having a radius of 550.0,0 feet;'THENCE
10. With the arc of said curve andwith the northerly right-of-way line of St. Phillips Road
to a point at the westerly end of said curve that is North 88 degrees, 45 minutes, 09
seconds West, a chord distance of 333.53 feet from the preceding point; THENCE
11.. South 73 degrees, 35 minutes; 50 seconds West, 242.50 feet along said northerly right-of-
way line to a point at the easteily end of a curve to the south having a radius of 550.00
feet; THENCE
12 With the are of last said curve
Phillips Road to a point at the
34 minutes, 28 seconds West,
THENCE
13. South 45 degrees, 33 minutes,
northerly right-of-way line to
200.00 feet; THENCE
nd along the northerly right-of-way line of said St.
resterly end of said curve that is South 59 degrees,
chord distance of 266.54 feet from the preceding point;
seconds West, 197.92 feet along last said
rint at the easterly end of a curve having a radius of
10
iiBrunswick iiiiR,gLster of B3104dP8�68�0
14. Along the arc of last said curve, as it curves to the north and along last said northerly
right-of-way line to a point at the westerly end of last said curve that is South 72
degrees, 31 minutes, 08 seconds West, a chord distance of 181.39 feet from the
preceding point; THENCE
15. North 80 degrees, 30 minutes, 50 seconds West, 311.49 feet along said northerly right-of-
way line to a "new iron pipe" at its intersection with the easterly right-of-way
line of Plantation Road SE; THENCE
16. North 22 degrees, 37 minutes, 00 seconds West, 1,554.46 feet along last said
easterly right-of-way line to a point at the southerly end of a curve having a radius
of 1,702.42 feet; THENCE
17. Along the are of last said curve and along the easterly right-of-way line of said Plantation
Road SE, as it curves to the east to a point at the northerly end of said curve that is North
15 degrees, 33 minutes, 11 seconds West, a chord distance of 418.52 feet from the
preceding point; THENCE
I
18. North 08 degrees, 29 minutes, 33 seconds West, 1,052.25 feet along said easterly right-
of-way line to a point at the southerly end of a curve having a radius of 559.00 feet;
THENCE
19. Along the are of last said curve and along the easterly right-of-way line of said
.Plantation Road SE, as it curves to the east to a point at the northerly end of last
said curve that is North 04.de ees, 36 minutes, 53 seconds East, a chord distance
of 253.53 feet from the precedi tg point; THENCE
20. North 17 degrees, 43 minutes, 19 seconds East, 216.60 feet along last said easterly
right-of-way line to an old concrete monument at the westernmost comer of a
cemetery as shown on a map recorded in Map Book 23 at page 400 of the Brunswick
County Registry; THENCE
21. North 06 degrees, 39 minutes, 36 seconds East, 282.42 feet along last said easterly
right-of-way line and along the westerly line of said cemetery to an old concrete
monument; THENCE
22. North 00 degrees, 12 minutes, 54 seconds West, 82.55 feet along last said easterly
right-of-way line to the point and place of beginning.
The same being a portion of Tract 2 and contains 160.12 acres, more or less, as shown on a map
of "Division of Property for Orton Longleaf, LLC" prepared by Sherwin D. Cribb, NC
Professional Land Surveyor, L-1099 dated February 10, 2009 and revised July 2, 2009, Sheet 2
of 9.
All bearings are referenced to NC Grid AD83 and all distances are horizontal.
10
IIIIIIIIIIIIIIIIIIIIIIIII�I�IIIIIIIII 131a4 Pa9ss ;6 41.Wt
ar"nauick County, N epaster of D eo ds ' age 1 5
Portion 2: aa4� l! of 15
Beginning at the intersection of the southerly right-of-way line of St. Phillips Road SE
(100-foot wide public right of way) also known as SR1533 with the westerly boundary line of
Brunswick Town historic site as described in a Deed recorded in Book 113 at Page 287 of the
Brunswick County Registry. Running thence from said beginning point:
1. South 23 degrees, 54 minutes, 54 seconds East, 513.54 feet along the westerly boundary
line of said Brunswick Town historic site to an old concrete monument. Said concrete
monument being located North 20 degrees, 56 minutes, 41 seconds West, 114.15 feet
from an old iron pipe. Said old iron pipe being located North 05 degrees, 09 minutes, 43
seconds West, 0.90 feet from a concrete monument. Last said concrete monument being
located South 88 degrees, 39 minutes, 31 seconds West, 199.68 feet from the
northwesterly comer of the ruins of the St. Phillips Church on said, Brunswick Town
historic site.
2. Running thence from said old concrete monument:
North 37 degrees, 40 minutes, 52 seconds West, 683.97 feet along a boundary line
of a tract deeded to the USA by Deed recorded in Book 189 at Page 513 of the
Brunswick County Registry to' the intersection of said southerly line of St. Phillips
Road SE. Last said point being located South 37 degrees, 40 minutes, 52 seconds
West, 55.61 feet from an old Corps of Engineers monument marked'"WALP23';
THENCE
3. From last said intersection point along the southerly right-of-way line of St. Phillips
Road SE, South 71 degrees, 06 minutes, 08 seconds East, 221.87 feet to the point
and place of beginning.
The same being a portion of Tract 2 shown on a map of "Division of Property for Orton
Longleaf, LLC" prepared by Sherwin D. Cribb, February 10, 2009 and revised July 2, 2009,
Sheet 2 of 9 which is boundedon the east by Brunswick Town historic site, on the west by the
United States of America deed book 1 �9 at page 513 on the north by the southerly right -of -line
of St. Phillips Road SE, and containing 0.96 acres, more or less.
All bearings are referenced to NC Grid NAD83 and all distances are horizontal.
Portion 3•
Beginning at a "new iron pipe" at the intersection of the easterly right-of-way line of
Plantation Road SE (100-foot wide public right-of-way), also known as SR1529 with the
southerly right-of-way line off St. Phillips Road SE (100-foot wide public right-of-way), also
known as SR1533 in Brunswick Coun, North Carolina., Running thence from said beginning
point;
IIBIII�IIIIIIIIIIIIIIIIIIIIIIIIIII 83104 aas1� "-'°-2010 arunswiek Ceunt arap [t, Clemmons:41.001
Y, NC ReQlsker a. Deeds page 12 of 15
South 80 degrees, 30 minutes, 50 seconds East, 247.00 feet along the southerly right-of-
way line of said St. Phillips Road SE to a point at the westerly end of a curve having a
radius of 300.00 feet; THENCE
2. With the arc of said curve and with the southerly right-of-way line of said St. Phillips
Road, as it curves to the north, to a point at the easterly end of said curve that is North
72 degrees, 31 minutes, 08 seconds East, a chord distance of 272.09 feet from the
preceding point; THENCE
3. North 45 degrees, 33 minutes, 06 seconds East,197.92 feet along said southerly
right-of-way line to a point at the westerly end of a curve having a radius of 450.00
feet; THENCE
4. Along the arc of last said curve and along the southerly right -of -.way line of said St.
Phillips Road, as it curves to the south; to a point at the easterly end of said curve,
that is North 59 degrees, 34 minutes, 28 seconds East, a chord distance of 218.08
feet from the preceding point; THENCE
5 North 73 degrees, 35 minutes,I50 seconds East, 242.50 feet along the southerly line
of said St. Phillips Road to a point at the westerly end of a curve having a radius of
450.00 feet; THENCE
6. Along the are of last said curve and along the southerly right-of-way line of said St.
Phillips Road, as it curves to the south, to a point at the eastern end of said curve
that is South 88 degrees, 45 minutes, 09 seconds East, 272.89 feet from the preceding
point; THENCE
South 71 degrees, 06 minutes, 08 seconds East, 273.10 feet along last said southerly
right-of-way line to a point of a line of boundary line United.States of America recorded
in Book 189 at Page 513 of the Brunswick County Registry. Last said point being
South 63 degrees, 22 minutes, 59 seconds West, 42.93 feet from an old concrete
monument marked "WALP23'1; THENCE
8. South 63 degrees, 22 minutes,
the USA tract to a "new iron p
Road SE; THENCE
9. North 23 degrees, 35 minutes,
right-of-way line to the point a
The above -described tract contains 1
on the west by Plantation Road SE, c
Tract 2, and on said south by the Lai
entitled "Division of Property for Or
Professional Land surveyor, L-1099,
(Sheet 2 of 9).
seconds West, 1,613.68 feet along said line of
"'in the easterly right-of-way line of said Plantation
seconds West, 479.70 feet along last said easterly
place of beginning.
4 acres, more or less, and is that irregular tract bounded
he north by St. Phillips Road SE, shown as a portion of
of the United States of America, as shown on a map
Longleaf; LLC" prepared by Sherwin D. Cribb, NC,
ted February 2, 2009, revised July 2, 2009
12
2010
IllllllllOrmsulllllllill�llllfllllllllll�r 83104of dP0513e� rks
All bearings are NC Grid NAD83 All distances are horizontal.
THIRD TRACT (Parcel Number 1440000110):
Being the property described as "Tract 6" in that plat entitled "Division of Property for Orton
Longleaf, LLC" by Sherwin D. Cribb dated November 19, 2009 and recorded in Map Cabinet 63
at Page 24 in the Brunswick County registry, reference to which is hereby made for a more
complete description.
FOURTH TRACT (Parcel Number 1440000104):
BEGINNING at a point in the
Sunny Point, North Carolina, said east
Basic Information Map, Resenation h
of beginning being located North.74 d
easement line, from a monument desi€
said monument being located North 7'
said easement line, from a point on the
located in a southerly direction, 1.4 mi
intersection of said centerline with the
of beginning North 25 degrees 58 min
degrees 16 minutes 01 seconds West 1
01 seconds -East 62.67 feet to a point;1
260.00 feet to a point; thence North 84
thence South 05 degrees 22 minutes 5!
degrees 26 minutes 47 seconds East 35
13 seconds West 40.00 feet to a point;
398.47 feet to a point; thence South 54
thence North 35 degrees 21 minutes IS
degrees 38 minutes 41 seconds East 32
Acres +/-. The above description dese
also a 40.0 feet wide strip, 20.0 feet ea
600 feet high radio tower.
FIFTH TRACT (Parcel Number
iorthem easement line of the Military Ocean Terminal,
rent line being shown on a map entitled: Master Plan,
ap, Drawing 918-02-02, dated January, 1982. Said point
grees 25 minutes East 466.88 feet as measured along said
fated WALP 37 as shown on the before mentioned map,
degrees 25 minutes East 58.0 feet, as measured along
centerline of S.R. #1529, said centerline point being
es, as measured along said centerline from the point of
;enterline of S.R. #1S30. Running thence from said point
tes 53 seconds East 49.93 feet to a point; thence North 17
13.91 feet to a point; thence North 84 degrees 37 minutes
fence North 05 degrees 22 minutes 59 seconds West
degrees 37 minutes 01 seconds East 40,00 feet to a point;
seconds East 398.44 feet to a point, thence South 65
3.44 feet to a point; thence South 24 degrees 33 minutes
hence North 65 degrees 26 minutes 47 seconds West
degrees 38 minutes 41 seconds West 40.00 feet to a point;
seconds West 40.00 feet to a point; thence North 54
7.93 feet to the point of beginning and containing 1.28
ibes a site for a proposed building, antenna tower, and
h side of the proposed guy wire location, for the proposed
Being all of that property consisting of 3.24 acres and described as "Spoil Area
Exception' in that plat entitled "Map of Conservation Easement for Kenneth Sptunt A Portion of
Orton Plantation', by Sherwin A. Cribb, dated April, 2000, and recorded in Map Book 23 at
Pages 396-402 in the Brunswick County Registry, reference to which is made for a,more
complete description of the property.
13
IIIiIIIIlillllllll(Iillillll(IIIIIIII a3ia4 PaSTz� o0s:4°'00,
Brunswick County, NC Register of Deeds page 14 of 15
Exhibit B
1. 2010 and subsequent years, ad valorem taxes, and any deferred taxes under N.C.G.S.
Section 105-277.117 et seq.
2. Conservation Easement recorded in Book 1425, Page 724, Brunswick County Registry
and re -recorded in Book 2678,'Page 0001, Brunswick County Registry, and Amended
and Restated Conservation Easement by and between Orton Longleaf, LLC and the North
Carolina Coastal Land Trust recorded in Book 3000 at Page 1259 of the Brunswick
County Registry.
3. Right of Way Agreement in favor of State Highway & Public Works Commission
recorded in Book 125, Page 192, Brunswick County Registry.
4. Easement & Right of Way in favor of Carolina Power & Light Company recorded in
Book 133, Page 49, BrunswiclS County Registry.
5. Lease to Sea -Comm, Inc. re
and Lease Amendments rec
2858 at Page 574 and Book
thereto.
6. Right -of -Way Easement to ]
Book 933, Page 1048, Bruns
7. General Permit to Southern 1
571, Brunswick County Reg
8. General Permit between Sou
James L. Sproul recorded in
9. A portion of the subject prop
America, recorded in Book 1
10. A portion of the subject prop
between Laurence G. Sprunt
September 1, 1991 and a Me:
County Registry.
d in Book 727, Page 672, Brunswick County Registry,
in Book 727, Page 689, Book 729, Page 879, Book
at Page 360,, Brunswick County Registry, with respect
vlck Electric Membership Corporation recorded in
County,Registry.
Telephone & Telegraph Co. recorded in Book 123, Page
Bell Telephone & Telegraph Company and Mr. & Mrs:
199, Page 47, Brunswick County Registry.
is subject to an easement to the United States of
Page 513, Brunswick County Registry.
is subject to an Unrecorded Land Lease Agreement
Kenneth M. Sprunt and GTE Mobilnet, dated
mdum recorded in Book 2793 at Page 478, Brunswick
11. All exceptions and matters sho7 on that plat entitled "Map of Conservation Easement
for Kenneth M. Sprunt A Portion for Orton Plantation", by Sherwin D. Cribb, dated April
2000, and recorded in Book 23, Wages 396-402, Brunswick County Registry.
12. Any portion of the Property lying within the bounds of any streets, roads, highways,
pathways, cartway, etc., or right $ of way thereof.
14
IIIIIIEll IIIIIIIIIIIIIIIIIIIIIIIIli Brand FC71i� ��'a0,
i Brunsulck County, NC Register of Deeds papa 15 of 13
13. Rights of others in and to the continued uninterrupted flow of Orton Pond and any creeks,
and branches located on the Property.
14. Any encroachments, overlaps; boundary line disputes, easements, measurements,
variations in area or content, party walls or other facts which a correct survey and
inspection of the property would show.
15. Rights of others, if any, in and to any private roads or cemeteries affecting the property.
16. All governmental land use statutes, ordinances and regulations applicable to the property
including zoning, building and subdivision regulations.
17. No warranty is made with respect to any portion of the property below the mean high
water mark of the Cape Fear River or any other area adjacent to navigable tidal waters.
15
PREPARE& HAS NOT SEARCHED
AND DOES NOT CERTIFY TITLE
TO THE PROPERTY DESCRIBED I -
Prepared by:
McGuireWoods LLP
300 North Third Street, Suite 400
Wilmington, North Carolina 28401
Revenue Stamps: $50,920.00
Tax Parcel Numbers: Part of Parcel
STATE OF NORTH CAROLINA
COUNTY OF
. THIS GENERAL WAR
2010, is made by ORTON LONI
"Grantor"), to ORTON PLANT.
company (the "Grantee"), whose
New York 10020.
THAT the Grantor, by these pi
Grantee, in fee simple, all of Grantor's
situated in Brunswick County, North C
attached hereto.
1111 II`t YV�OT P0518 76:00 401002
Brunswick Co IIII IIII III�II sta f Da N. Clak I o
arunsulck County. NC Racls4ar of Dads pn6a 1 mE 5
Ore. tl. C"Mons Rtals4ar of Oantytds
11=10-2010'16;00:41.002 8runsulck Cmu. NC
NC REVENUE STRNp: SS0920.00 (9238190)
a,at
geWaht
Ck�3S`Czsh $
Finance
1440000105
GENERAL WARRANTY DEED
'DEED (this "Deed' ); dated as of November
LLC, allorth Carolina limited liability company (the
HOLDINGS, LLC, a Delaware limited liability
is 1251 Avenue of the Americas, 17" Floor, New York,
does grant, assign, transfer and convey unto the
title and interest in and to that certain property
a; and more particularly described on Exhibit A
TO HAVE AND TO HOLD the aforesaid property, together with all easements,
tenements, privileges and appurtenance' thereunto belonging to the Grantee in fee simple
forever.
IIIIIIIIIIIIIIIIIIIIIIIII lllllllll111 83194 P kS wo00:411ns .002
8runeurek County, NC Register of Deeds page 2 of S
And the Grantor covenants with the Grantee, that Grantor is seized of the said premises in
fee simple and has the right to convey the same in fee simple; that the same are free from
encumbrances; and that the Grantor will wan -ant and defend the title against the claims of all
persons whatsoever except for the exceptions hereinafter stated. Title to the property.
hereinabove described is subject to the exceptions set forth in Exhibit B attached hereto.
IN WITNESS WHEREOF, the Grantor has duly executed this Deed, all as of the day
and year first above written.
GRANTOR;
ORTON LONGLEAF, LLC
Sprunt, Manager
Jill 111111111111111111111111111111111 83104 P05C81emmons 4010g2
Brunswick County, NC Register of Duds page 3 of S
STATE OF NORTH CAROLINA
COUNTY OF 0 W 4ZIMe.✓-
I, I 1 , a Notary Public of the County and State
aforesaid, certify that Laurence G. Sprunt and David H. Sprunt personally appeared before me
this day and acknowledged that they are the Managers of Orton Longleaf, LLC, a North Carolina
limited liability company (the "Company"), and that they, as the Managers of the Company,
being authorized to do so, voluntarily executed the foregoing instrument on behalf of the
Company for the purposes stated therein.
I certify that the Signatory personally appealed before me this day, and
(check one of the following):
(I have personal knowledge of the identity of the Signatory); or
(I have seen satisfactory evidence of the Signatory's identity, by a current state or
federal identification with the Signatory's photograph in the form of: (check one
of the fallowing)
a driver's license, or
other (describe: I ); or
(a credible witness has Iwom to the identity of the Signatory).
WITNESS my hand and official, seal this �" day of tJUVtA'AV4-✓ , 2010.
9�1A2 _Yr4y
Notary Public 'Mt o((>(
(type or print name)
My commission expires:
(NOTARIAL SEAL) NOTARY _
�2 PUBLIC
11-10-Y010
Bruns NC ltegist4r 83104dM0�81� 4�oF9s002
Exhibit A
BEGINNING in the western line of the Cape Fear River at the mouth of Orion Creek,
and running thence westwardly in the run of Orton Creek 2,700 feet, more or less, to its
intersection with the former boundary line between Orton Plantation and Kendall Plantation, said
intersection being 300 feet, more or less, northeaslwardly from where Orton Creek turns sharply
toward the south; thence South 40.00 degrees West 1,262.09 feet to a point; thence North 66
degrees 05 minutes 30 seconds West I,670.90 feet to a point; thence South 30 degrees 27
minutes 27 seconds West 412.38 feet to a point in the centerline of State Road 1530; thence in a
northwestwardly direction with the centerline of State Road 1530 1.100 feet, more or less, to the
centerline of the right-of-way of N.C. Highway No. 133 (said highway having a 100 feet right-
of-way); thence southwestwardly in the centerline of said highway 24.155 feet, more or less, to
its intersection with a western line of Orton Plantation, said western line being also an eastern
line of the town limits of Boiling Spring Lakes (said western line of Orton Plantation being
parallel to and a short distance west of'a 310 feet wide Carolina Power & Light Company right-
of-way); thence along the boundary line between Orton Plantation and Boiling Spring Lakes
North 16 degrees 30 minutes West 6,000 feet, more or less, to a stone, an Orton Plantation
(formerly Sprunt) corner; thence along,the boundary line of Orton Plantation and Boiling Spring
Lakes North 10 degrees East 2,202 feet to a stone, an Orton Plantation (formerly Sprunt) comer;
thence along the boundary line of Orton Plantation and Boiling Spring Lakes North 39 degrees
30 minutes West 1,128 feet to -two stones marked "D.L.G." and "U.S." on the east side of the
rum of Allen's Creek, an Orton Plantation (formerly.Spmnt) comer (Allen's Creek is sometimes
called Kendall Creek, Lilliput Creek or,I McKensie Creek); thence continuing the last course,
North 39 degrees 30 minutes West to the tun of Allen's Creek; thence northeastwardly and
eastwardly in the run of Allen's Creek to the old upper dam of Allen's Creek (the run of Allen's
Creek at the dam is the middle of three channels at the dam); thence continuing eastwardly in the
run of Allen's Creek, utilizing the shortest distance where the creek seems to have more than one
channel as in the case of two shortcuts ithrough horseshoe bends, to and through the old dam
which is just west of N.C. Highway No � 133; thence continuing eastwardly in the run of Allen's
Creek to the western line of the Cape Fear River, thence southward)y in the wester line of the
river to the point of Beginning, LESS AND EXCEPT the following described property:
Being the property described as "Tract 6" in that plat entitled "Division of Property for Orton
Longleaf, LLC" by Sherwin D. Cribb dated November 19, 2009 and recorded in Map Cabinet 63
at Page 24 in the Brunswick County registry, reference to which is hereby made for a more
complete description.
IIIIIIIII II IIII II IIIIIIII IIIIIIIIIIiI 83104 P0Ba2 40jp02 6ounswlck Mons
C°tmty, NC Register of Deeds Petgr5 of
Exhibit B
1. 2010 and subsequent years' ad valorem taxes, and any deferred taxes under N.C.G.S.
Section 105-277.IF et seq.
2. Right of Way Agreement in favor of State Highway & PublicWorks Commission
recorded in Book 125, Page 192, Brunswick CountyRegistry.
3. Easement & Right of Way in favor of Carolina Power & Light Company recorded in
Book 133, Page 49, Brunswick County Registry.
4. Consent Judgment in favor t
Page 71, Brunswick County
S. Grant of Easement in favor
879, Page 33, Brunswick C
6. Right -of -Way Easement to
Book 933, Page 1048, Bmi
Power & Light Company recorded in Book 292,
rth Carolina Natural Gas Corporation recorded in Book
Registry.
wick Electric Membership Corporation recorded in
County Registry.
7. Access Easement Agreement infavor of Carolina Power & Light Company recorded in
Book 995, Page 443, BrunswickCounty Registry.
8. General Permit to Southern B,
571, Brunswick County Regis
9. General Permit between Soud
James L. Sprunt recorded in E
10. A portion of the subject prope
America, recorded in Book 1 E
11. Any portion of the Property ly
pathways, cartway, etc., or rig
12. Rights of others in and to the e
and branches located on the Pi
13. Any encroachments, overlaps,
variations in area or content, p
inspection of the property wot
Telephone & Telegraph Co. recorded in Book 123, Page
Bell Telephone & Telegraph Company and Mr. & Mrs.
189, Page 47, Brunswick County'Registry.
is subject to an easement to the United States of
Page 513, Brunswick County Registry.
within the bounds of any streets, roads, highways,
of way thereof.
flow of Orton Pond and any creeks,
undary line disputes, easements, measurements,
y walls or other facts which a correct survey and
show.
14. Rights of others, if any, in and to any private roads or cemeteries affecting the property.
15. All governmental land use statutes, ordinances and regulations applicable to the property
including zoning, building and subdivision regulations.
PREPARER HAS NOT SEARCI•IED
AND DOES NOT CERTIFY TITLE
TO THE PROPERTY DESCRIBED I
Prepared by:
McGuireWoods LLP
300 North Third Street, Suite 400
Wilmington, North Carolina 28401
Revenue Stamps: None
Tax Parcel Number: Part of Parcel l`
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
THIS QUITCLAIM DEED
by ORTON LONGLEAF, LLC, a 1
ORTON PLANTATION HOLDIN
"Grantee"), whose address is 1251 A
10020.
11-10-2010
1.003
R�unswick ����ty, eals ar of B3104DeedP0583e�s Pag�nsfa5
1440000105
to at:
Cc
Cash S _ `i'arse
_ -sc!:r�uarrt are;ficstVa o.o¢r_-d:zn
QUITCLAIM DEED
; "Deed'o, dated as of November / 2010, is made
i Carolina limited liability company (the "Grantor"), to
LLC, a Delaware limited liability company (the
is of the Americas, 17s' Floor, New York, New York
THAT that the Grantor has and by these presents does remise, release and quitclaim unto
the Grantee all the Grantor's right, title and, interest in and to that certain lot or parcel of land
situated in Brunswick County, North Carolina and more particularly described on Exhibit A
attached hereto.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple.
1111111III[IIIIIJill IIIIIIIIIIIIIIII Brenda M.3104 PPc8! 0s:a'o03
Brunsuie County, NC Register of -Deeds page 2 of S
IN WITNESS WHERE, OF, the Grantor has duly executed this Deed, all as of the day
and year first above written.
GRANTOR:
ORTON LONGLEAF, LLC
By:
L urence G. Sprunt, M amger
A-A
By k�,
David H. Sprmn Manager
n t0 aot0
Illllllllllllllllllllllll IIIIIIIIIIII 83104 P0585mmoIs:4,.o03
STATE OF NORTH CAROLINA Brunswick County, Ne Register of Deeds page 3 of 5
COUNTY OF New tAn(NV
I, _ 1 V I, N\(�( P�`� a Notary Public of the County and State
aforesaid, certify that Laurence G. Sprunt and David H. Sprant personally appeared before me
this day and acknowledged that they are the Managers of Orton Longleaf, LLC, a North Carolina
limited liability company (the "Company"), and that they, as the Managers of the Company,
being authorized to do so, voluntarily executed the foregoing instrument on behalf of the
Company for the purposes stated therein,
I certify that the Signatory
(I have personal kn
(I have seen satisfactory
federal identification wit]
ofthe following)
_ a driver's license;
other (describe:
(a credible witness has
WITNESS my band and official
My commission expires:
W til
INN 0
•
(NOTARIAL SEAL)
_ • NC
tr
ally appeared before me this day, and
one of the following):
e of the identity of the Signatory); or
vidence of the Signatory's identity, by a current state or
the Signatory's photograph in the form of. (check one
or
to the identity of the Signatory).
this 10— day of WbVZ-11AVX/ . 2010.
YVUI(1
Notary Public 12,4/
(type or print name)
3
IgrunsIIIiII1�IIlllllllNC Register (Deed Page 4 Of °50�
Exhibit A
Commencing at a rebar with aluminum disk found in the westerly right-of-way of River
Road (North Carolina State Highway No. I33)(100 feet wide) having North Carolina State Plane
Coordinates(NAD83NSRS2007) of Northing = 120649.61 and Easting = 2316064.18, thence;
along the westerly right-of-way of said River Road (100 feet wide), South 24° 15'20" East a
distance of 451.51 feet to a rebar with aluminum disk found, thence; along the westerly right-of-
way of said River Road (100 feet wide), South 22047'05" East a distance of 250.29 feet to the
Point of Beginning, thence continuing along the westerly and northerly right-of-way of said
River Road (100 feet wide), the following ten courses; . i
1) South 22°47'05" East a distance of 350.68 feet to a point, thence;
2) with a curve to the right having a radius of 759.39 feet, a chord bearing of South 03°4747"
East, a chord length of 494.52 feet, for an arc length of 503.70 feet to a #5 rebar with cap set,
thence;
3) South 15011'56" West a distance of 534.39 feet to a #5 rebar with cap set, thence;
4) with a curve to the right having a radius of 3769.65 feet, a chord bearing of South 37°06'29"
West, a chord length of 2813.19 feet, foir an arc length of 2882.94 feet to a #5 rebar with cap set,
thence;
5) South 59'0ITI" West a distance of J729.97 feet to a 45 rebar with cap set, thence;
6) with a curve to the right having a radius of 11621.83 feet, a chord bearing of South 61°49'23"
West, a chord length of 1117.05 feet, for an are length of 1117.48 feet to a #5 rebar with cap set,
thence;
7) South 64°3744" West a distance of 5
8) with a curve to the left having a, radii
West, a chord length of 2361.68 feet, fa
thence;
9) South 41°03'01" West a distance of I
10) with a curve to the left having a rad
West, a chord length of 677.53 feet, for
15°34'58" West a distance of 2.01 feet'
comer of John & Carole R Helms lands
11) along the easterly line of lands of sa
as described in Deed Book 1480 at Pagc
at Page 315, Nathan J. and Jennifer D. I
Richard A. Anderson as described in De
Bridgers as described in Deed Book 96E
Lakes and Section 11, Part I for Boilin8
6337.62 feet to a Granite Stone marked
12) along the easterly line of said Sectie
Telecom Limited Partnership as describe
a distance of 2200.03 feet to a concrete i
13) along the northeasterly line of said I
passing through a monument set at a dis
135.30 feet to a #5 rebar with cap set, thence;
s of 5779.53 feeta chord bearing of South 52150'23"
• an are length of 2378.43 feet to a #5 rebar with cap set,
1444.87 feet to a #5 rebar with cap set, thence;
is of 5779.53 feet, a chord bearing of South 3704124"
in are length of 677.92 feet to a point which bears North
-om a concrete monument found marking the southeast
is described in Deed Book 1335 at Page 1325, thence;
d John & Carole R. Helms, the State of North Carolina
1417, Brian K. Vititoe as described in Deed Book 2796
ovc as described in Deed Book 2158 at Page 796,
A Book 1322 at Page 201, Hal N. & Jennifer H.
at Page 793, Section 21, Part 1 and 2 for Boiling Spring
Spring Lakes, North 15°34'58" West a distance of
DLG", thence;
i 11, Part 1 for Boiling Spring Lakes and Reeves
d in Deed Book 760 at Page 909, North 09017'31" East
ionument found, thence;
-eves Telecom Partnership, North 4301426" West
ince of 1125.56 feet and continuing for a distance of
4
I
IIIIIIIII IIIIIIIIIIII IN III III III III Mod p�5azmaans
Brunswick County, NC Register of Deeds page 5 of 5
20.36 feet further for a total distance of P,145.92 feet to a point in the run of Allen's,Creek
(Kendall Creek), thence,
14) easterly along the run of Allen's Creek (Kendall Creek) as it meanders approximately 39,732
feet (said course having a tic line of North 66*18'24"East 25,437.44 feet), to its intersection
with the westerly line of River Road (100 feet wide), the point and place of beginning,
Said tract comprising an area of 173,548,708 square feet, 3984.13 acres more or less.
PREPARER HAS NOT SEARCHED
AND DOES NOT CERTIFY TITLE'
TO THE PROPERTY DESCRIBED 1
Prepared by:
McGuireWoods LLP
300 North Third Street, Suite 400
Wilmington, North Carolina 28401
Revenue Stamps: $33,300.00
Tax Parcel Numbers: Part of Parcel I
Part of Parcel i
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
THIS GENERAL WA13
2010, is made by LILLIPUT IN
(the "Grantor"), to ORTON PLi
company (the "Grantee"), whose
New York 10020.
THAT the Grantor, by these pr
Grantee, in fee simple, all of Grantor's
situated in Brunswick County, Notch C
attached hereto.
N 10 e
M.
iiBriinSii`e.k COUnWHe Register of Deeds E3104 90i>t49mm4
0runsulek CounlVS NC
Brenda" C'"".4 g238193)
t1-10-2010 16:00:41.004
NC REVENUE STFMP: 533300.00 1
ReL
Finanz-v,
,_ :.J.;rir.u., _n:al:ifi: i7Aadl_19':)Mi5nn
1440000108
1440000109
GENERAL WARRANTY DEED
DEED (this "Deed"), dated as of November :!'
TS, LLC, a North Carolina limited liability company
[ON HOLDINGS, LLC, a Delaware limited liability
is 1251 Avenue of the Americas, 17'h Floor, New York,
does grant, assign, transfer and convey unto the
title and interest in and to that certain property
a; and more particularly described on Exhibit A
TO HAVE AND TO HOLD the aforesaid property, together with all easements,
tenements, privileges and appurtenances
thereunto belonging to the Grantee in fee simple
forever.
IIIIIIIIIIIIIffIIlIIIIIIIIIIIIIIIIIII 13iaq P05simmo00.41!0e4
Brunswick County, NC Register Of Deeds page 2 of 9
And the Grantor covenants with the Grantee, that Grantor is seized of the said premises in
fee simple and has the right to convey the same in fee simple; that the same are free from
encumbrances; and that the Grantor will warrant and defend the title against the claims of all
persons whatsoever except for the exceptions hereinafter stated. Title to the property
hereinabove described is subject to the, exceptions set forth in Exhibit B attached hereto.
IN WITNESS WHEREOF, the Grantor has duly executed this Deed, all as of the day
and year first above written.
GRANTOR:
LILLIPUT INTERESTS, LLC
Samuel N. Sprunt, Jr.-, Manager
I IIII IIIIIII IIIIIIII III III IIII I II 'Brenda n. Cl
63104 P0992 "�'°-Z°'°
I I ts:ea•at.ama
STATE OF NORTH CAROLINA runsulek County, c Raplskao of beads page 3 of 9
COUNTYOF NO&I Ifuh)J•ex �
I, t UY 111 Y urL a Notary Public of the County and State
aforesaid, certify that Samuel N. Sprunt, Jr. personally appeared before me this day and
acknowledged that he is the Manager of I.illiput Interests, LLC, a North Carolina limited liability
company (the "Company"), and that he, as the Manager of the Company, being authorized to do
so, voluntarily executed the foregoing instrument on behalf of the Company for the purposes
stated therein.
I certify that the Signatory
✓ (I have personal
(I have seen satisfact
federal identification
of the following)
_ a driver's lice
other (descril
(a credible witness has
WITNESS my hand and
My commission expires:
a 2,5z
(NOTARIAL SEAL)
ally appeared before me this day, and
one of the following):
e of the identity of the Signatory); or
evidence of the Signatory's identity, by a current state or
h the Signatory's photograph in the form of: (check one
or
or
to the identity of the Signatory).
seal this J011- day of �WQ4,d , 2010.
Notary Public 1W C. YV1c (r am
(type or print name)
-
NOTARY
PUBUO
0
III�II'llllllll l��III'lll II�Reg
II�I {Illr of DWdPtl;p 0eID4 or 9�aoa
arunsulck County,
Exhibit A
FIRST TRACT (Part of Parcel Number 1440000I08):
BEGINNING at a point which is the intersection of the western right-of-way line of N.C.
Highway No. 133 and the division line between J. Laurence Sprunt, et al and Laurence Clark as
established by Order of the District Court of Brunswick County dated April 26, 1972, a copy of
which is recorded in Book 263, Page 515 (the beginning,point of said division line being
identified in said Order as being North 8 degrees 15 minutes West 670.46 feet 14om a stone, an
old Sprout comer, and South 8 degrees 15 minutes East a distance of about 922 feet from the run
of Summerhouse Branch); thence leaving said right-of-way of N.C. Highway No, 133 South 85
degrees 30 minutes West along said Sprout -Clark division line and along the northerly line of the
tract described in deeds recorded in Book 75, Page 122 and Book 87, Page 620, 946 feet; thence
South 20 degrees 15 minutes East 344eet to a stone near a gum tree; thence South 81 degrees
45 minutes West 854 feet to a stone; thence North 10 degrees West to Summerhouse
Branch; thence up said branch to a corner of Tract I of the Division of Frank Brown, Sr. Estate
as shown on the map thereof recorded in Map Book 6, Page 64; thence North 86 degrees 10
minutes West along the southerly line of said Tract I of the Division of Frank Brown, Sr. Estate
980 feet to a stone; thence North 13 degrees 10 minutes West along the westerly lines of Tracts
1, 2 and 3 of said Frank Brown, Sr. Estate Division as shown on said map 843 feet to the
southwest comer of Tract 4 of said Frank Brown, Sr. Estate Division; thence North 69 degrees
48 minutes East along the southerly line of said Tract 4 of said division 2,323 feet to the western
right-of-way line of N.C. Highway No.133; thence northwardly along said western right-of-way
line of said highway about 625 feet to a culvert under said highway accommodating the waters of
Dark Bay Branch; thence eastwardly along Dark Bay Branch to the edge of Sandhill Mill Pond;
thence northwardly and westwardly along the edge of Sandhill Mill Pond as shown on the map
of said Frank Brown, Sr. Estate Division recorded in Map Book 6, Page 64, to the northeast
corner of Tract 6 as shown on said map, thence South 23 degrees East along the easterly line of
said Tract 6, 443 feet to the southwesterly comer of Tract 5A of said division; thence North 86
degrees 05 minutes East along the southerly line of said Tract 5A, 626 feet to the western right-
of-way line of N.C. Highway No. 133; thence southwardly along said western line of said
highway 399 feet to Pretty Pond Road, as shown on said map; thence westwardly following
Pretty Pond Road and the northerly lines of Tract 4 of said Frank Brown, Sr. Estate Division
North 78 degrees 30 minutes West 703 Feet, South 34 degrees 45 minutes West 370 feet and
South 57 Degrees West 491 feet to the southernmost corner of Tract 6 of said division; thence
North 23 degrees West, along the dividing line between Tracts 5 and 6 of said division, 926 feet
to Sandhill Mill Pond; thence westwardly along Sandhill Mill Pond to a line of the first tract
described in a deed from Hargrove Bellamy and wife to Town Creek Timber Company recorded
in Book 248, Page 788; thence South 3 degrees West along said line 1,092 feet to a corner of the
first tract described in said deed recorded in Book 248, Page 788, thence South 73 degrees 30
minutes West along the southerly line ol�said first tract described in said deed recorded in Book
248, Page 788, 5,100 feet, more or less, to a comer of a tract now or formerly owned by the
Weyerhaeuser Company, formerly North Carolina Pulp Company, as shown on a map recorded
in Map Book 2, Page 165; thence South''/0 degrees 50 minutes West along a line of the
Weyerhaeuser tract as shown on said map 464 feet to an old corner of Lilliput Plantation in
llllllllllllillllllllillllllRegister 83104of dP0y94e�s�Sfy9aao
Negro Head Bay; thence South 13 degrees 53 minutes East along another of Weyerhaeuser
Company's lines 1,170 feet, more or less, to Caney Branch; thence southwestwardly along Caney
Branch to its intersection with the northern right-of-way line of N.C. State Road No. 1521
(formerly the old Belgrange Road); thence westwardly along the northern right-of-way line of
State Road No. 1521 to a curve towards the north; thence northwestwardly continuing along said
northern line of State Road No. 1521 about 256 feet to a stone marked "D.L.G.", opposite a
comer of the town limits of Boiling Spring Lakes; thence southwestwardly crossing State Road
No. 1521 to said comer of the town limits of Boiling Spring Lakes; thence South 69 degrees 25
minutes West about 1,720 feet along a boundary line of Boiling Spring Lakes to a stone marked
"D.L.G.."; thence South 44 degrees 52%z minutes West along another boundary line of Boiling
Spring Lakes 835.9 feet to a stone marked "D.L.G." thence along another boundary line of
Boiling Spring Lakes South 44 degrees 551/2 minutes Past 1,270.8 feet to a comer of the town
limits of Boiling Spring Lakes which is in the northern line of a tract now or formerly owned by
International Paper Company as shown on a reap recorded in Map Book 3,Page 153; thence
eastwardly along said northern line of the International Paper Company tract 300 feet, more or
less, to a stone "D.L.G." marking the northeast comer of said paper company tract; thence South
12 degrees East along said International Paper Company easterly line about 6,000 feet to a stone
"J.L.S." in Eagles Branch; thence westwardly along Eagles Branch, as it meanders, to a stone
marking the southeast comer of the "Pretty Pond' 156.17 acre tract now or formerly owned by
International Paper Company as shown on said map recorded in Map Book 3, Page 153; thence
North 86 degrees 20 minutes West along the southern line of said 156.17 acre tract 1,980 feet to
the easterly town limits of Boiling Spring Lakes; thence South 11 degrees East along said
easterly line of Boiling Spring Lakes about 5,000 feet to a cypress in the run of Allen's Creek
(Alien's Creek is sometimes called Kendall Creek, Lilliput Creek or McKensie Creek), thence
northeastwardly and Eastwardly in the run of Allen's Creek to the old upper dam of Allen's
Creek (the run of Allen's Creek at the dam is the middle of three channels at the dam); thence
continuing eastwardly in the run of Allen's Creek, utili7Jng the shortest distance where the creek
seems to have more than one channel as in the case of two shortcuts through horseshoe bends, to
and through the old dam which is just west of N.C. Highway No. 133 to a point in the western
right of way of N.C. Highway 133, thence northwardly along the western right of way of N.C.
Highway 133 approximately 5,225 feet to the point of Beginning.
SECOND TRACT (Part of Parcel Number 1440000109):
Commencing at a #5 rebar with cap set, said point having North Carolina Grid
Coordinates (NAD83NSRS2007) of Northing=109,142.01 and Easting = 2,309,781.15, thence;.
South 56°05' 17" West a distance of 1991.25 feet to the centerline of Orton Pond, the Point of
Beginning, thence the following seven courses along the centerline of said Orton Pond and lands
of the United States of America described in Deed Book 189 Page 515, North 85°20'37" West a
distance of 682.69 feet to a point, thence North 64°4644" West a distance of 610.47 feet to a
point, thence South 76�29'13" West a distance of 793.80 feet to a point, thence South 17041'12"
West a distance of 648.16 feet to a point; thence South 39'0.4'49" West a distance of 402.12 feet
to a point, thence North 88°56'15" West a distance of 234.07 feet to a point, thence South
474199" West a distance of 419.11 feet to a point, said point bearing South 04°21' 11'" East a
distance of 1688.60 feet from a #5 rebar with cap set, having North Carolina Grid Coordinates
(NAD83NSRS)of Northing=108,637.35 and Easting = 2,305,001.15, thence leaving said
1 t 10 2010
IIII IIII II page 4004.Ell111111 N ill Bo4M 91mo�Brunswick 11I111� o`9
centerline of Orton Pond and along the lands of Lilliput Interests LLC as set forth in instrument
recorded in Deed Book 2686 at Page 203 North 19°13'22" West a distance of 478.52 feet.to a
point in the centerline of the Quince -Branch, thence the following thirty-six courses along said
Quince Branch and said lands of Lilliput Interests LLC; North 57° 15' 11 " West a distance of
374.54 feet to a point, thence North 66046'37" West a distance of 298.59 feet to a point, thence
North 76°1 P36" West a distance of 281.02 feet to a point, thence North 899116" West a
distance of 180.45 feet to a point, thence South 83°14'28" West a distance of 468.53 feet to a
point, thence South 72004'31" West a distance of 324.44 feet to apoint, thence South 41°17'29"
West a distance of 275.71 feet to a point, thence South 81"09'32" West a distance of 315.78 feet
to a pointt,thence South 72'38'49" West a distance of 340.18 feet to a point, thence South
72"49'22" West a distance of 318.80 feet to a point, thence North 80014'26" West a distance of
317.14 feet to a point, thence South 61114'16" West a distance of 168.94 feet to a point, thence
South 48°30'26" West a distance of 65.16 feet to a point, thence South 83°5941" West a distance
of 96.46 feet to a point, thence South 52°48'13" West a distance of 211.57 feet to a point, thence
South 26*18'17" West a distance of 88.52 feet to a point, thence South 26"40'34" West a distance
of 99.62 feet to a point, thence South �5108'13" West a distance of 56.78 feet to a point,. thence
South 70"45'28" West a distance of 48.43 feet to a point, thence South 57015'l6" West a distance
of 75.80 feet to a point, thence South 58*35'16" West a distance of 113,76 feet to a point, thence
South 04°3548" West a distance of 46.33 feet to a point, thence South 05"1410" East a distance
of 65.68 feet to a point, thence South 81 "2253" West a distance of 45.06 feet to a point, thence
South 17"15'52" West a distance of 6C.78 feet to a point, thence North 56°34'19" West a distance
of 62.13 feet to a point, thence South 75'34'44" West a distance of 68.79 feet to a point, thence
North 38"3921" West a distance of 8.87 feet to a point, thence North 28"3548" East a distance
of 52.42 feet to a point, thence North 86°06'04" West a distance of 96.02 feet to a point, thence
North 75057120" West a distance of 35.60 feet to a point, thence North 30"24'56" West a distance
of 9.05 feet to a point, thence North 49"1718" East a distance of 21.75 feet to a point; thence
North 62"5731" East a distance of 38.57 feet to a point, thence North 21°59'03" West a distance
of 104.79 feet to a point, thence Northl33"45'55" West a distance of 65.42 feet to a point in the
southerly right-of-way of River Road (NC Highway 133)(100 feet wide), said point bearing
South 33045'55" East a distance of 51180 feet from a magnetic nail set in the centerline of said
River Road (100 feet wide), thence the following three courses along said southerly right-of-way
of River Road (100 feet wide); North 11"03'01" East a distance of 3963.16 feet to a rebar with
cap set, thence with a curve to the right having a radius of 5679.53 feet, a chord bearing of North
52°50'23" East, a chord length of 2320.82 feet, for an are length of 2337.28 feet, to a rebar with
cap set, thence North 64037'44" East adistance of 1353.58 feet to a. point, said point bearing
South 21 °36'40" East a distance of 50.10 feet from a magnetic nail found in the centerline of
said River Road, thence the following Twenty-six courses along the Ramro Branch and the
centerline of Venison Cove and lands of Orton Longleaf LLC as set forth in instrument recorded
in Deed Book 2694 at Page 512; Soutl' 26°41'23" East a distance of49.06 feet to a point, thence
South 19"17'38" East a distance of 96.74 feet to a point, thence South 52"01'31" East a distance
of 130.91 feet to a point, thence North 1 "4243 East a distance of 145.94 feet to a point, thence
South 87°35'08" East a distance of 136.85 feet to a point, thence North 43°42'10" East a distance
of 123.91 feet to a point, thence North 54"18'00" East a distance of 47.19 feet to a point, thence
South 86°20'59" East a distance of 110.74 feet to a point, thence South 51°45'51" East a distance
of 155.75 feet to a point, thence South 33"43' 17" East a distance of 111.32 feet to a point, thence
South 26"51'43" East a distance of 164,.19 feet to a point, thence South 00'15'47" East a distance
6
�������I�JIll11JillJill111111111111 Vied!P0996r of Deeds e afa9eaa
of 190.19 feet to a point, thence South 34158'00" East a distance of 192.86 feet to a point, thence
South 40°48'59" East a distance of 144.26 feet to a point, thence South 13°38'17" East a distance
of 143.00 feet to a point, thence South 21 °20'00" West a distance of 89.63 feet to a point, thence
South 01 °l5'19" East a distance of 169.08 feet to a point, thence South 28°04'04" East a distance
of 216.74 feet to a point, thence South 37°18'59" East a distance of 161.99 feet to a point, thence
South 49°02'07" East a distance of 193,68 feet to a point, thence South 05°29'25" West a
distance of 209.00 feet to a point, thence South 52° 16'54" East a distance of 83.62 feet to a point,
thence South 23°43'28" East a distance of 83.77 feet to a point, thence South 33°55'35" East a
distance of 594.52 feet to a point, thence South 08*11'34" East a distance of 268.13 feet to a
point, thence South 21*5606" East a distance of 360.94 feet to a point, thence leaving said
centerline of Venison Cove, South 15038'52" West a distance of 665.42 feet to the point and
place of beginning, said tract comprising an area of 18,420,068 square feet, 422.87 acres more or
less. I
The above -described property is conveyed together with easements described and conveyed in an
easement deed dated June 30, 1982 from Reeves Telecom Associates, recorded in Book 502,
Page 986.
Excepting, however, from the FIRST TRACT above described those lots or tracts conveyed by
deeds recorded in Book 122, Pages 256,1276 and 602; Book 125, Page 227; Book 147, Page 284;
Book 162, Page 431; and Book 296, Page 216, reserving, however, to Samuel N. Sprunt and his
heirs and assigns all rights reserved or retained by the Grantors in said deeds.
The above -described property is a portion of the property described and conveyed in a deed
dated March 28, 1984 from Kenneth M. Sprunt, et at, to Orton Plantation, a North Carolina
general partnership, recorded in Book 6 0, Page 931.
(IIII(11111111111111111111111111�11 s3ia4 a�9,�eme ut 9'eas
Brunsutck County, NC eyts er of Deeds
Exhibit B
1. 2010 and subsequent years' ad valorem taxes, and any deferred taxes under N.C.G.S.
Section 105-277.1 F et seq.
2. Right of Way Agreement in favor of State Highway & Public Works Commission
recorded in Book 125, Page 192, Brunswick County Registry.
3. Easement & Right of Way in favor of Carolina Power & Light Company recorded in
Book 133, Page 49, Brunswick County Registry.
4. Consent Judgment in favor c
Page 71, Brunswick County
5. Grant of Easement in favor
879, Page 30, Brunswick C
6. Right -of -Way Easement to
Book 933, Page 1048, Brm
Power & Light Company recorded in Book 292,
rth Carolina Natural Gas Corporation recorded in Book
Registry.
,nick Electric Membership Corporation recorded in
County Registry.
7. Access Easement Agreement inlfavor of Carolina Power & Light Company recorded in
Book 995, Page 448, Brunswick County Registry, amended by instrument recorded in
Book 2937 at Page 915, Brunswick County Registry.
8. General Permit to Southern Be]
571, Brunswick County Regish
9. General Permit between Southc
James L. Sprunt recorded in Bc
10. A portion of the subject properl
America, recorded in Book 189
11. Any portion of the Property lyu
pathways, cartway, etc., or righ
12. Rights. of others in and to the cc
and branches located on the Prc
13. Any encroachments, overlaps, I
line rights of way, variations in
survey and inspection of the prc
Telephone & Telegraph Co. recorded in Book 123, Page
Bell Telephone & Telegraph Company and Mr. & Mrs.
189, Page 47, Brunswick County Registry.
is subject to an easement to the United States of
Page 513, Brunswick County Registry.
within the bounds of any streets, roads, highways,
of way thereof.
uninterrupted flow of Orton Pond and.any creeks,
iary line disputes, casements, measurements, power
or content, party walls or other facts which a correct
would show.
14. Rights of others, if any, in and to any private roads or cemeteries affecting the property.
IIIIIIlIII Illllllllllllll illllllll111 B3104 P0598 le 41.aoo
B�unsuick Country, NC Register of Deeds page 9 of 9
15. All governmental land use staSutes, ordinances and regulations applicable to the property
including zoning, building and subdivision regulations.
PREPARER HAS NOT SEARCHED
AND DOES NOT CERTIFY TITLE
TO THE PROPERTY DESCRIBED F
Prepared by:
McGuireWoods LLP
300 North Third Street, Suite 400
Wilmington, North Carolina 28401
Revenue Stamps: None
Tax Parcel Number: Part of Parcel N
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
THIS QUITCLAIM DEED (t
by LILLIPUT INTERESTS, LLC, a
to ORTON PLANTATION HOLDIP
"Grantee"), whose address is 1251 Avc
10020.
11111 i{oIN1I1tNy. INII��llll'I 1
83104 P0599 m 005
of Deeds pa9� 1_ of 10
CrtMSnCc:aa
' • �. ____ C2sh $ _ Finance
r ,I nvnxrd:a iL"..g aIUe roor, rardon
1440000108
QUITCLAIM DEED
"Deed"), dated as of November I'D-^010, is made
rth Carolina limited liability company (the "Grantor"),
i, LLC, a Delaware limited liability company (the
of the Americas, 170 Floor, New York, New York
THAT that the Grantor has and by these presents does remise, release and quitclaim unto
the Grantee all the Grantor's right, tide and interest in and to that certain lot or parcel of land
situated in Brunswick County, North Carolina and more particularly described on Exhibit A
attached hereto.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantec in fee simple.
11111111 IIIIIIIIIIIII II IIIIIIIIIIII Kid Pa600mmons 4,'a66
Brunswick County, NC Register of Deeds page 2of 10
IN WITNESS WHEREOF, the Grantor has duly executed this Deed, all as of the day
and year first above written.
W-917MYCITIX
LILLIPUT INTERESTS, LLC
By: L2��
Samuel N. Sprunt, Jr., Manager
11 10-2010
STATE OF NORTH CAROLnvA 111111111111111 Vend a0sC ,m ns �5
Brunsulck County, NC R�plster of Duds page 3 of 10
COUNTY OF NP.W VZtYiNe.Y
1, .�_q lili(JJ .CFI , a Notary Public of the County and State.
aforesaid, certify that Samuel N. Sprout, Jr. personally appeared before me this day and
acknowledged that he is the Manager of Lilliput interests, LLC, a North Carolina limited liability
company (the "Company"), and that he; as the Manager of the Company, being authorized to do
so, voluntarily executed the foregoing instrument on behalf of the Company for the purposes
stated therein.
I certify that the Signatory personally appeared before me this day, and
knowledge
one of the following):
(I have personalnowledge of the identity of the Signatory); or
(I have seen satisfactory evidence of the Signatory's identity, by a current state or
federal identification with the Signatory's photograph in the form of: (check one
of the following)
a driver's license; or
other (describe: ); or
(a credible witness has sworn to the identity of the Signatory).
WITNESS my hand and official seal this A day of ft2010.
Notary Public - 1' M((Tly
1/1 (type or print name)
o,ttMuC
My commission expires:
C /,,
NOTARY a
(NOTARIAL SEAL)
_ PueuC
////tiA'N0\1
ttlllll;ii "
Illll lil(IIIIIIIIIIIIIill llllllllllll s31a4 m41.00aCOIwoS 05
arunwick County, NC Register of needs page 4 of to
Exhibit A
FIRST TRACT:
Commencing at a concrete monument in the northerly right-of-way of Funston Road
'(SR1521)(60 feet wide) in the eastern line of lands of Town Creek Timber Company as
described in Deed Book 460at Page I66, thence; South 00'0VO West a distance of 73.70 feet,
thence South 00001'43" East a distance of 88.27 feet to a granite stone marked "Sprunt" being
the southeast corner of the aforementioned Town Creek Timber Company Iands and having
North Carolina Grid Coordinates (NAD83NSRS2007) of Northing = 127,154.53 and Fasting =
2,310,572.72, being the Point of Beginning, thence;
0 North 00°01'43" West a distance of 88.27 feet to a concrete monument found in the southerly
right-of-way of said Funstan Road (60 feet wide), thence the following 6 courses along the
southerly right-of-way of said Funston Road (60 feet wide);
2) North 54140'16" East a distance of 238.63 feet to a #5 rebar with cap set, thence;
3) North 6604937" East a distance of 495.84 feet to a 45 rebar with cap set, thence;
4) North 57-06'07" East a distance of 288.89 feet to a #5 rebar with cap set, thence;
5) with a curve to the left having a radius of 480.00 feet, a chord bearing of North 43013'33"
East, a chord length of 230.23 feet, for an arc length of 232.50 feet to a 95 rebar with cap set,
thence;
6) North 29°20'59" East a distance of 166.91 feet to a #5 rebar with cap set, thence;
7) with a curve to the right having a radius of 219.77 feet, a chord bearing of North 63022'48"
East, a chord length of 245.98 feet, for an arc length of 261.06 feet to a #5 rebar with cap set,
thence;
8) South 82°35'24" East a distance of 557.17 feet to a #5 rebar with cap set at the intersection of
said southerly right-of-way of Funston Road (60 feet wide)_with the westerly right-of-way of
River Road (North Carolina State Highway 133)(100 feet wide), thence the following two
courses along the westerly right-of-way of said River Road(100 feet wide);
9) South 30054'49" East a distance of 596.12 feet to a #5 rebar with cap set, thence;
10) with a curve to the right'having a radius of 794935 feet, a chord bearing of South 30'10'40"
East, a chord length of 204.16 feet, for an arc length of 264.17 feet to a #5 rebar with cap set,
thence;
11) along the northerly line of Towanna Michele Spencer as described in Deed Book 2191 at
Page 1120 and the northerly line of Samuel Brown as described in Deed Book 156 at Page 673,
South 65*5I'11" West a distance of 2300.98 feet to a concrete monument marking the northwest
comer of said Samuel Brown lands, thence;
12) along the westerly line of said Samuel Brown, William B Picketts as described at Deed Book
166 at page 596, and Christobell Delts as described at Deed Book 344,at page 317, South
17°07"ll " East a distance of 844.34 feet to a granite stone marked "Sprunt" marking the
southwest corner of the aforementioned Christobell Delts land, thence;
13) along the southerly line of said Christobell Delts, South 89136'58" East a distance of 980.55
feet to a granite stone marked "Sprunt" marking the southeast comer of the said Christobell Delts
land and the southwest comer of Samuel Brown lands as described in Deed Book 160at Page
486,thence;
IlllllllIlllllllIIIIIIIIIIIIIitII�IL B1 Pas l mmons-ao,eo5
Brunswick County, NC Regls or of Deeds page 5of to
14) along the southerly line of said Samuel Brown lands, North 775243" East a distance of
107.05 feet to a granite stone marked "Sprunt" marking the northwest comer of lands of Leatha
Sidbury as described in Deed Book 1293 at Page I306, thence;
15) along the westerly line of lands of said Leatha Sidbury, Lee Andrews Clark as described in
Deed Book 904 at Page 1064, and Lawrence and Rudolph Brewington as described in Deed
Book 816 at page 308, South 10'44'42" East a distance of 980.54 feet to a granite stone marked
"Spmnt" marking the southwest comer of said Brewington lands, thence;
16) along the south line of said Brewington, North 819T17" East a distance of 846.46.feet to a
granite stone marked "Sprunt", thence;
17) along the south line of said Brewington, South 86°24'13" East a distance of 1026.95 feet to a
rebar found in the westerly right-of-way of River Road (North Carolina State Highway No.
133)(100 feet wide), thence;
18) along the westerly right-of-way of said River Road (100 feet wide), South 24°48'26" East a
distance of 1827.92 feet to a concrete monument found marking the northeast comer of lands of
Lillie Mae Roberts and Wilma Brown as described in Deed Book 122 at page 256, thence;
19) along the northerly line of said Roberts and Brown lands, South 65°12'05" West a distance of
417.03 feet to a concrete monument found marking the northwest corner of said Roberts and
Brown lands, thence;
20) along the westerly line of lands of said Roberts and Brown and Charles and Josy Reaves
Smith as described in Deed Book 162 at page 431, South 24°48'32" East a distance of 312.99
feet to a #5 rebar with cap set marking the southwest corner of said Smith lands, thence;
21) along the southerly line of said Smith lands, North 65°11'56" East passing through a concrete
monument found at a distance of 417.15 feet and continuing 1.13 feet further for a total distance
of 418.28 feet to a point on the westerly right-of-way of River Road (North Carolina State
Highway 133)(100 feet wide) said point'being 3104.3 feet plus or minus north of the north edge
of the concrete bridge over Allen's Creek (Kendall Creek), thence the following three courses
along the westerly right-of-way of said River Road (100 feet wide);
22) South 24°44'27" East a distance of 2385.83 feet to a rebar with aluminum disc found, thence;
23) South 24°15'20" East a distance of 451.51 feet to a to a rebar with aluminum disc found,
thence;
24) South 22°47'05" East a distanced 250.29 feet to a point marking the intersection of the
westerly right-of-way of said River Road (100 feet wide) with the centerline of Allen's Creek
(Kendall Creek), thence;
25) westerly along the run of said Kendall creek as it meanders, a distance of 35,517 feet more or
less to the intersection of the run of said creek with the easterly line of lands of Joseph N, JR. and
Carolyn T. Lewis as described in Deed Book 2866 at Page 1083 (said course having a tie line of
South 67159'20" West a distance of 22,496.92 feet), thence;
26) along said easterly line of lands of Joseph N, JR. and Carolyn T. Lewis, North 14024'27"
West passing through an existing iron pipe at 7.02 feet, said pipe having North Carolina Grid
Coordinates (NAD83NSRS) of Northing = 111,581.73 and Easting = 2,295,486.03 and
continuing 1609.34 feet more for a total distance of 1616.36 feet to a rcbar found, ihcnce;
27) along the easterly line of Brittany Woods, Section 14 as described in Map Book G at page
279, North 14° 15'50" West a distance of 1867.48 feet to a rebar found, thence;
28) along the easterly line of Brittany Woods, Section 14 as described in Map Book G at page
279, North 14021'53" West a distance of 1625.36 feet to a.rebar found marking the northeast -
corner of Lot 42 of said Brittany Woods, Section 14, thence;
i
11[1�!�Ij�jIl111�111��It 1j�������������r P0604'mns.4,te0¢
of Deeds pages of 10
29) along a southerly line of Brittany Woods, Section I4, North 85°44'04" East a distance of
190.10 feet to an existing iron pipe marking the southeast comer of lot 40 of said Brittany
Woods, Section 14, thence;
30) along the easterly line of Lot 40 of Brittany Woods, Section 14 North 15010'44" West a
distance of 21.56 feet to a monument marking the southwest corner of lands owned by Camp
Pretty Pond as described in Deed Book 176 at page 468, thence the following three courses along
the southerly line of said Camp Pretty Pond lands;
31) North 89051'40" East a distance of 5,88.20 feet to an existing iron pipe, thence;
32) North 89°56'08" East a distance of 1025.26 feet to a concrete monument found, thence;
33) North 89°52'00" East a distance of 397.33 feet to a concrete monument found marking the
southwest corner of lands of the State of North Carolina as described in Deed Book 2060 at page
1002, thence the following twenty courses along said State of North Carolina lands and the
centerline of the Eagles Branch;
34) North 66°54'06" East a distance of 463.78 feet to an existing iron pipe, thence;
35) North 43°28'20" East a distance of 169.65 feet to a point, thence;
36) North 55°51'17" East a distance of 152.70 feet to a point, thence;
37) North 45° 14'18" East a distance of 70.12 feet to a point, thence;
38) North 28° 17'49" East a distance of 71.86 feet to a point, thence;
39) North 43*23'171' East a distance of 161.15 feet to a point, thence;
40) North 55°5741" East a distance of 181.58 feet to a point, thence;
41) North 79015'36" East a distance of 156.08 feet to a point, thence;,
42) North 72*07'11" East a distance of 117.22 feet to a point, thence;
43) South 79°31'40" East a distance of 177.57 feet to a point, thence;,
44) South 77°50'03" East a distance of 172.82 feet to a point, thence;
45) South 4501901" East a distance of 315.10 feet to a point, thence;
46) North 79°51'39" East a distance of 51.66 feet to a point, thence;
47) North 36°04'25" East a distance of 45.37 feet to a point, thence;
48) South 57131'06" East a distance of 150.97 feet to a point, thence;
49) North 43019'60" East a distance of 176.55 feet to a concrete monument found, thence;
50) North 38°42'08" West a distance of 115.43 feet to an existing iron pipe point, thence;
51) South 8201642" East a distance of 873.79 feet to an existing iron pipe, thence;
52) South 54052'33" East a distance of 179.87 feet to an existing iron pipe, thence;
53) North 39059'49" East a distance of 212.36 feet to a concrete monument marking the
southeasterly comer State of North Carolina lands as described in Deed Book 2060 at Page 1002,
thence;
54) along the easterly line of said State of North Carolina lands, North 1600413" West a distance
of 5847.99 feet to a granite stone marked "DLG" marking the northeast corner of said State of
North Carolina lands, the southeast comer of Donna M &c Lee Norris as described in Deed Book
2680 at Page 700 and Having North Carolina Chid Coordinates (NAD83NSRS) of Northing =
122,805.33 and Easting = 2,298,048.10, thence;
55) along the easterly line of said Norris lands, Becky H Long lands as described indeed Book
1170 at Page 936, and Glenn W Golding as described in Deed Book 389 at page 302, North
49°21'52" West a distance of 1191.31 feet to a granite stone marked "DLG" marking an interior
comer of said Golding lands, thence;
IIII(IIIIIIIIIIIlIIIIIIIIII(Iltlllllll MRP0605m o�9:4J..WS
N county, NC Register of Deeds page 7 of 10
56) along the easterly line of lands of said Golding, Richard A & Teresa R. Milner as described
in Deed Book 1137 at Page 404 and a gap between said Milner property and the easterly line of
Sidney O. and Linda L. Mullins lands as described in deed Book 1576 at page 995, North
41 ° I3'57" East a distance of 862.49 feet to a #5 rebar with cap set, thence;
57) along the easterly line of John W. and Tammy S. Harrison as described in Deed Book 808 at
Page 1019 and William and Patricia Willetts as described in Deed Book 2098 at page 625, North
64°58'45" East passing through a concrete monument at a distance of 1514.94 and continuing for
a distance of 66.65 more for a total a distance of 1581.59 feet to a #5 rebar with cap set in the
northerly right-of-way of Funston Road (SRI521)(60 feet wide) and marking the southwest
comer of TF Holdings Limited Partnership as described in Deed Book 987 at page 849, thence
the following nine courses along the northerly right-of-way of said Funston Road (60 feet wide)
and the southerly line of said TF Holdings Limited Partnership lands;
58) with a curve to the left having a radius of 269.98 feet, a chord bearing of South 67019139"
Past,.a chord length of 126.40 feet, for an arc length of 127.58 feet to a #5 rebar with cap set,
thence;
59) South 80°51'56" East a distance of 451.08 feet to #5 rebar with cap set, thence;
60) South 82a40'10" East a distance of 392.02 feet to a 95 rebar with cap set, thence;
61) South 83"21'46" East a distance of 460.67 feet to a #5 rebar with cap set, thence;
62) South 80a4634" East a distance of 339.18 feet to a #5 rebar with cap set, thence;
63) South 83"06'30" East a distance of 374.30,, feet to a #5 rebar with cap set, thence;
64) South 81°52'03" East a distance of 1191.33 feet to a #5 rebar with cap set, thence;
65) South 81139'04" East a distance of 2831.16 feet to a #5 rebar with cap set, thence;
66) along an easterly line of said TF Holdings Limited Partnership lands, North 52140'02" East a
distance of 22.28 feet to a point, thence; '
67) along an easterly line of said TF Holdings Limited Partnership lands, North 25104'14" East a
distance of 295.I4 feet to a concrete monument, thence;
68) along a southerly line of said TF Holdings Limited Partnership lands, North 63153'31" East a
distance of 406.85 feet to a concrete monument, thence;
69) along an easterly line of said 1F Holdings Limited Partnership lands, North 17013146" West
a distance of 1106.41 feet to a wood post, thence;
70) along a southerly line of said TF Holdings Limited Partnership lands North 71 "09'22" East a
distance of 440.70 feet to a concrete monument having North Carolina Grid Coordinates
(NAD83NSRS) of Northing =125655.44 and Easting = 2305839.08, marking the southeast
comer of said TF Holdings Limited Partnership lands and the southwest cornet of Town Creek
Timber Company lands as described in Deed Book 460 at Page 166, thence;
71) along.the southerly line of said Town Creek Timber Company lands, North 72°25'39" East a
distance of 4964.93 feet to the point and place of beginning;
Said tract comprising an area of 119,120,196 square feet, 2734.62 acres more or less.
SECOND TRACT:
Commencing at a granite stone marked "Sprunf' being the southeast comer of the Town
Creek Timber Company lands as described in Deed Book 460 at Page 166 and having North
Carolina Grid Coordinates (NAD83NSRS) of Northing = 127,154.53 and Easting =
2,310,572.72, thence; North 00*01'43" West a distance of 88.27 feet to a monument found in the
lllllllllllllllllllll IIII IIII IIIIIIII a3iO4 Pa6as � aam:a;�¢aa
Brunsutok County, NC Register of Deeds page a of 10,
southerly right-of-way of said Funston Road (SR1521)(60 feet wide), thence; North 00'01'07"
East a distance of 73.70 feet to monument found in the northerly right-of-way of said Funston
Road (60 feet wide), the Point of Beginning, thence;
1) along the easterly line of Town Creek Timber Company lands as described in Deed Book 460
at Page 166, North 00000'13" East a distance of 929.71 feet to a concrete monument found,
thence the following three courses along the former Sand Hill Mill Pond and a south line of the
said Town Creek Timber Company lands;
2) North 67'26'35" East a distance of 74.93 feet to a point, thence;
3) North 50'50'35" East a distance of 02.33 feet to a point, thence;
4) North 44047'05" East a distance of 140.86 feet to a monument found marking the northwest
comer of Bryan P. and Brenda B. Marshbum as described in Deed Book 1055 at Page 927,
thence;
5) South 26'00'25" Fast a distance of 889.20 feet.to a 95 rebar with cap set in the northerly right-
of-way of said Funston Road (60 feet wide), thence the following three courses along the
northerly right-of-way of said Funston Road (60 feet wide);
6) South 57'06'07" West a distance of 9.16 feet to a #5 rebar with cap set, thence;
7) South 66'49'37" West a distance of 497.10 feet to a #5 rebar with cap set, thence;
8) South 54'42'16" West a distance of 202.40 feet to the point and place of beginning;
Said tract comprising an area of 411,201 square feet, 9.44 acres more or less, and also
being shown on a survey map of Division of Frank Brown, Sr. Estate recorded in Map Book 6 at
Page 64 of the Brunswick County Registry.
THIRD TRACT:
Commencing at a #5 rebar set at the intersection of the westerly right-of-way of River
Road (North Carolina State.Highway No. 133)(100 feet.wide) with the southerly right-of-way of
Funston Road(SR1521)(60 feet wide) having North Carolina Grid Coordinates (NAD83NSRS)
Northing = 128,084.50 and Easting = 2,312,477. 8 1, thence; North 30'41' 18" West a distance of
76.24 feet to a #5 rebar set, thence; North 30'41'31" West a distance of 146.08 feet to a point,
thence; with a curve to the right having a radius of 4,549.63 feet, and a chord bearing of North
29023' 51" West, a chord distance of 205.55 feet, for an are length of 205.57 feet to a 95 rebar set
in the westerly right-of-way of said River Road, the Point of Beginning, thence;
1) along a northerly line of Bryan P. and Brenda B. Marshburn as described in Deed Book 1055
at Page 927, South 82' 10'50" West a distance of 571.75 feet to a concrete monument found,
thence;
2) along a easterly line of said Bryan P. and Brenda B. Marshburn lands, North 26'53'34" West a
distance of 441.99 feet to a concrete monument found, and continuing for a distance of 6,16 feet
further for a total distance of 448.60 feet to a point in the former Sand Hill Mill Pond and the
southerly line of Town Creek Timber Company lands as described in Deed Book 460 at Page
166, thence the following seven courses along said former Sand Hill Mill Pond and southerly
line of Town Creek Timber Company lands, thence;
3) South 73140'59" East a distance of 172.70 feet to a point, thence;
4) South 77'01'57" East a distance of220.65 feet to a #5 rebar set, thence;
��������������������������r B3104 n0607pageammons 05
5) South 82005'52" East a distance of 108.04 feet to a point, thence;
6) North 81°36'56" East a distance of 35.70 feet to a point, thence;
7) North 15029'06" East a distance of 86.20 feet to a point, thence;
8) North 13°33'31" East a distance of 71.08 feet to a point, thence;
9) North 00°5947" West a distance of 41.76 feet to a #5 rebar set in the westerly right-of-way of
said River Road (North Carolina State Highway No. 133)(100 feet wide), thence;
10) along the westerly right-of-way of said River Road, South 26°4436" East a distance of
350.16 feet to a 45 rebar set, thence;
11) along the westerly right-of-way of said River Road, on a curve to the left, having a radius of
4549.63 feet, a chord bearing of South 27125'24" East, a chord distance of 107.98 feet, for an arc
length of 107.98 feet to the point and place of beginning.
Said tract comprising an area of 184,108 square feet, 4.23 acres more or less, and also
being shown on a survey map of Division of Frank Brown, Sr. Estate recorded in Map Book 6 at
Page 64 of the Brunswick County Registry.
FOURTH TRACT:
Commencing at a #5 rebar set at the intersection of the westerly right-of-way of River
Road (North Carolina State Highway No. 133)(100 feet wide) with the southerly right-of-way of
Funston Road(SR1521)(60 feet wide) having North Carolina Grid Coordinates
(NAD83NSRS2007) Northing = 128,084.50 and Easting = 2,312,477,81, thence; South
63* 1849" East a distance of 186.61 feet to a #5 rebar set in the easterly right-of-way of River
Road (North Carolina Highway No. 133)(100 feet wide), the Point of Beginning, thence the
following four courses along the easterly right-of-way of said River Road;
1) North 30°54'49" West a distance of 156.20 feet to a #5 rebar set, thence;
2) North 30°41'31" West a distance of 223.30 feet to a #5 rebar set, thence;
3) with a curve to the right having a radius of 4449.64 feet, a chord bearing of North 28°43'04"
West, a chord length of 306.60 feet, for an arc length of 306.66 feet to a 95 rebar set, thence;
4) North 26°4436" West a distance of 345.43 feet to a #5 rebar set, thence the following
nineteen courses along the former Sand Hill Mill Pond and a westerly line of Town Creek
Timber Company lands as described in Deed Book 460 at Page 166;
5) South 59°20'33" East a distance of 68AI feet to a point, thence;
6) South 34°10'07" East a distance of 71.87 feet to a point, thence;
7) South 47°50'39" East a distance of 68.14 feet to a point, thence;
8) South 81°3T31" East a distance of 75.94 feet to a point, thence;
9) North 66' 11'56" East a distance of 69.70 feet to a point, thence;
10) South 83"01'06" East a distance of 65.38 feet to a point, thence;
11) South 50°1553" East a distance of 74.54 feet to a point, thence;
12) South 30036'05" East a distance of 40.65 feet to a point, thence;
13) South 35°38'56" East a distance of 79.06 feet to a #5 rebar set, thence;
14) South 30103'34" East a distance of 122.27 feet to a point, thence;
15) South 58°0841" East a distance of 73.63 feet to a point, thence;
16) South 0611011" East a distance of 82.89 feet to a point, thence;
17) South 30036'20" West a distance of 81.06 feet to a point, thence;
i
111111111I I{IIIII IIII IIII III III III III OBEPIPPI nos 4;'005
Brunsulek County. NC Reglster of Deeds page 10 of 10
18) South 37"54'36"
West a distance of 77.47 feet to a point, thence;
19) South 34015'18"
West a distance of 79,18 feet to a point, thence;
20) South 32°49'04"
East a distance of 75.68 feet to a point, thence;
21) South 36°47'35"
East a distance of 70.67 feet to a #5 rebar set, thence;
22) South 27951'35"
West a distance of 43.71 feet to a point, thence;
23) South,44°46'33"
West a distance of 60.99 feet to the point and place of beginning.
Said tract comprising an area of 194529 square feet, 4.47 acres more or less, and also
being shown on a survey map of Division of Frank Brown, Sr. Estate recorded in Map Book 6 at
Page 64 of the Brunswick County Registry.
10
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Typical elevated walkway section
NOTES:
1. BASE CAD FILE AND DRAWINGS FROM NORRIS AND TUNSTALL ENGINEERS, P.C.
2. ELEVATION DATUM IS NAVD 88.
3. APPROXIMATE MEAN HIGH WATER IS +2.4' NAVD88 DERIVED FROM FIELD OBSERVATIONS.
4. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY.
iRLMG
LANDMANAOmff8 mCnRpoup
805 WMeMBv�Me veA . 8u1e 15
RECEIVED
SEP 2 9 2020
DCM WILMINGTON, NC
Deb: Reviakn Data: 924f2020 N/A
Kendall Walkway
Scale: Jo em ar
1"=4' LMG10.110C
Walkway view Drawn By: Sheet Number:
WAD 3 of 6
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Elevated walkway bridge section at waterbody crossing
NOTES:
1. BASE CAD FILE AND DRAWINGS FROM NORRIS AND TUNSTALL ENGINEERS, P.C.
2. ELEVATION DATUM IS NAVD 88.
3. APPROXIMATE MEAN HIGH WATER IS +2.4' NAVD88 DERIVED FROM FIELD OBSERVATIONS.
4. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. _..�
RECEIVED
SEP 2 9 2020
DCM WILMINGTON, NC
en4rzo20
Kendall Walkway
1-2•
Elevated Walkway
Bndge Section et Dry BY:
Waterbody Crossing WAD
WA
LMG10.110C
of e
XIO T TED
Typical elevated walkway covered
bridge sideview section at waterbody crossing
t
Typical elevated walkway covered
bridge section at waterbody crossing
NOTES:
1. BASE CAD FILE AND DRAWINGS FROM NORRIS AND TUNSTALL ENGINEERS, P.C.
2. ELEVATION DATUM IS NAVD 88.
3. APPROXIMATE MEAN HIGH WATER IS +2.4' NAVD88 DERIVED FROM FIELD OBSERVATIONS.
4. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY.
�;LMG
LAND MANAGEMENT GROUP
3805 WrIOMsw� A!. SMIS
Nlmncton, North Carolina 2840
ED
)20
—WOO arlutnuvulCN, NC
9e—d per: Remion Date:
9/24/2020 WA
Kendall Walkway n Nvn er:
Sae: ,y
1"=4' LMG10.110C
s:
Welerbody Crossings Dravm W Sheet Number
WAD 5 of 6
12
10
4
2
0
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169.00'
8.8':
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Typical profile along elevated walkway at waterbody crossing
NOTES:
1. BASE CAD FILE AND DRAWINGS FROM NORRIS AND TUNSTALL ENGINEERS, P.C.
2. ELEVATION DATUM IS NAVD 88.
3. APPROXIMATE MEAN HIGH WATER IS +2.4' NAVD88 DERIVED FROM FIELD OBSERVATIONS.
4. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY.
RECEIVED
Sp 2 9 2020
DCM WILMINGTON, NC
Vertical 1" = 3'
D
Horizontal 1"= 30'
LMG
aNAD8AimlrrwTm
O y , =5
Noda Caroline 28402
aW: 910452-0001
Kelltlell Walkway
9/24/2020
WA
Scale:
as noted
oNumber
LMG10.11DC
Side Vmi w at
Waterbody Crossing
D, By:
WAD
Sheet Number.
6 of