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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 S m m nu ? Wl Iml n9tonr p r u teg P pose p p CerUfled Fee 0 p Retum Receipt Fee (Endorsement Raluired) Rest acted DeMery Fee (Endorsement Pe irad). $2 ru Told Pestege & Fee; u f8• o sent ro or POBox Na q` rr 0 m •• rU MI o RaFi9hr W r- M p Cedeled Fee O� Return Recelpl Fee (ErldoreemeM Reeulrad) p Reetdoted Denk y Fee f (Endorsement Repwred) ul $2 fU Total Postage & Fees S8 C3 Som T. 0/POBex No. \111 006 e ZS PosMeh q9 w. 00 Here I 9 ,)s, ■ Complete Items 1, 2, and 8. ■ 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 D. Is ddeay addeea djfrmnl fiom Rem 1T U YM If YES, emer delivery address below: ❑ No 7005 2570 0000 5704 2314 "FUF e:u o m..ed MaM wl a.«asom PS Form 3811, July 2015 PSN 7530-02-000-9053 AD \Qi-AO ❑ Rbey Melt Eapr a ❑ Hoy,t MaP. ❑ Rodateted Melt P,8* Ltad Dal ary O aniam Me,c 1=1 necelptfw ❑ SIgmtum Canhmatbn^ ❑ SIgmIum CortlkmNan rmWM dDelivery Domestic Return Receipt I 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) USPS Tracking® Track Another Package RECEIVED SEP 2 9 2020 FAQs > DCM WILMINGTON, NC Tracking Number: 70052570000067042314 Remove x Your item was delivered to the front desk, reception area, or mail room at 3:36 pm on September 8, 2020 in WILMINGTON, NC•28401. G Delivered September 8, 2020 at 3:36 pm o, Delivered, Front Desk/Reception/Mail Room m WILMINGTON, NC 28401 x Get Updates Text & Email Updates Tracking History v September 8, 2020, 3:36 pm Delivered, Front Desk/Reception/Mail Room -WILMINGTON, NC 28401 Your item was delivered to the front desk, reception area, or mail room at 3:36 pm on September 8, 2020 in WILMINGTON, NC 28401. September 8, 2020 In Transit to Next Facility September 6, 2020, 10:22 pm Departed LISPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX September 5, 2020, 3:55 pm Arrived at USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX September 5,:2020,12:67 am Arrived at USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER September 4, 2020,11:06 am USPS in possession of item WILMINGTON, NC 28403 Product. Information RECEIVED SEP 212020 DCM WILMINGTON, NC lm See.Less Can't,find_what. you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs LISPS Tracking® FAQs > Track Another Package Tracking Number: 70052570000057042307 Remove x Your item was delivered at 10:29 am on September 30, 2020 in RALEIGH, NC 27640. G Delivered September 30, 2020 at 10:29 am T Delivered m RALEIGH, NC 27640 m o . Get Updates v '� Text & Email Updates Tracking History September 30, 2020, 10:29 am Delivered RALEIGH, NC 27640 Your item was delivered at 10:29 am on September 30, 2020 in RALEIGH, NC 27640. September 30, 2020, 9:39 am Out for Delivery RALEIGH, NC 27603 RECEIVED OCT 0112020 September 30, 2020, 9:28 am DCM WILMINGTON, NC Arrived at Unit RALEIGH, NC 27611 September29, 2020;10:15 pm Departed USPS Regional Facility RALEIGH NC DISTRIBUTION CENTER September29, 2020 In Transit to Next Facility September 5, 2020, 1:18 pm Arrived at USPS Regional Facility RALEIGH NC DISTRIBUTION CENTER September5, 2020, 12:57 am Arrived at USPS Regional Origin Facility CHARLOTTE NC DISTRIBUTION CENTER September 4, 2020,11:05 am USPS in possession of item T WILMINGTON, NC 28403 a 6 n Product Information See Less Can't find what you're.looking for? uu w uui rmws section to,nnd answers to your tracking questions. 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 a Ark h if 41 µme, �� �• �. 4.\% � ,'sr' yt�• �" yea ,��` �, ' 1 ,� � _I Ab r • 1 �• r ` t �t • Mks 4 . K 111( ♦� . �r( � � � a ppb4�I • � �i .. r s c _ , r � f _ •. 4a .. � 1'I dip ♦. •l 't\i y ♦�] r a Y ill .1- � � ..� BOLTS TOP TREATED ,.a BLOOK TLD L LAtS 2X8 TREATED 2%10 MUTED 2X1D TREATED 8 FEET CENTER TO CENTER POSE 20' ON 8' CENTER JOIST 12' CENTER OALV e scREw axe5 TC POSE X BRACINC SALTWATER MATED T LDVCN V DROVE Typical elevated walkway cross-section along path no 12' US TNiU DALV PER 2X8 S 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 OLu D_ w as N3 J 2 U W = Z � O gZ< a N 3 O W O~ LLI J d' m W z.; 2LZz O0OC� O(�Z O N W ~ cs Z O Q d ir U o N 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 _2 _4 -6 169.00' 8.8': rOP OF DECK (HIGHEST Parr) '�.. TRANS ON O 6.63% SLOPE 0" ROUND POST Q� O 8' CENTER TO CENER n O MPICAL) 6. 2.4' �EM WATER LEVEL 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