37-17 Minor Mod Orton Camp & Orton Plantation Holdings

i crmittlass
MODIFICATION/
MINOR .
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
'Vermcit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
37-17
Issued to Orton Camp LLC & Orton Plantation Holdings LLC 37* Floor, 11 Times Square, New York, NY 10036
Authorizing development in Brunswick County adj _to Orton Pond Spillway, Plantation Road,
Winnahow , as requested in the permittee's application letter dated 04/30/19. including
attached workplan drawings (3) 1-3 of 3 all dated 02/28/19.
This permit, issued on September 23, 2019 is, subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
)e subject to fines, imprisonment or civil action; or may cause the permn to oe nuu anu voiu.
1) Unless specifically altered herein, this Minor Modification authorizes the construction of the
emergency spillway, modifications to the existing wingwalls, and installation of rip rap, all as
expressly and specifically set forth in the attached letter and workplan drawings. Any additional land
disturbing activities and/or construction may require a modification of this permit. Contact a Division
of Coastal Management representative at [phone] for this determination.
2) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation. RECEIVED
(See Attached Sheet for Additional Conditions) SEP 3 0 2019
CITY
Thin nermit actin may he annealed by the nermittee or other Sinned by the authority of the Se r of DEQ and the Chair
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2020
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
of the Coastal Resources Commission.
7 iv)JA
}- Braxton C. Davis Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Orton Camp, LLC.& Orton Plantation' Holdings, LLC Permit No. 37-17
Page 2 of 2 .
ADDITIONAL CONDITIONS
(4) This Minor Modification does not authorize the excavation or filling of any wetland areas.
(5) This Minor Modification be attached to the original of Permit No. 37-17, which was issued to the
permittee on 03/23/1.7,,and copies of both,documents shall be readily available on site when Division
personnel inspect the project for compliance.
(6) All conditions and stipulations of the active permit remain in force under this Minor Modification unless
specifically altered herein.
NOTE: Future; development of the v6rrnittee's property may require a modification of this permit.
Contact a representative of the Division at [phone]-prior to the commencement of any
such activity for this -determination. Thepermittee is further. advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: This permit does not eliminate the, need to obtain any additional state, federal or local permits,
approvals or authorizations, that: may be required.
NOTE: The U.S. Army Corps of Engineers assigned the project Action ID No. SAW-2011-00624.
NOTE: The N.C. Division of Water Resources assigned the project DWR Project No. DWR-2011-
0896v5.
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.

Spears, Courtney
From: Coburn, Chad
Sent: Thursday, July 18, 2019 4:07 PM
To: Spears, Courtney
Subject: RE: CAMA Minor Modification Request: Orton Camp, LLC & Orton Plantation Holdings,
LLC
This one will not require written approval from us under GC4175.
From: Spears, Courtney <[e-mail]>
Sent: Thursday, July 18, 2019 8:24 AM
To: Coburn, Chad <[e-mail]>
Subject: FW: CAMA Minor Modification Request: Orton Camp, LLC & Orton Plantation Holdings, LLC
Do you have comments on this one? The applicant has called twice this week to check.
Thank you!
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
910 796 7426 office
courtney.sgears(Mricdenrclov
127 Cardinal Drive Ext.
Wilmington, NC 28405
From: Spears, Courtney
Sent: Friday, July 12, 2019 11:37 AM
To: Coburn, Chad <[e-mail]>; Crumbley, Tyler A CIV USARMY CESAW (USA)
<[e-mail]>
Cc: MacPherson, Tara <[e-mail]>
Subject: RE: CAMA Minor Modification Request: Orton Camp, LLC & Orton Plantation Holdings, LLC
Hey,
Looking at drawing 2 of 3 it looks like there is a proposed section of riprap (approx. 20'x35' or 700 sf) that would be
below NHW. There are no wetlands in that area of which I am aware.
Courtney Spears RECEIVED
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality HP 3 0 2019
910 796 7426 office
courtnev.soears(a.ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
DCM-MHD CITY

From: Coburn, Chad
Sent: Thursday, July 11, 2019 3:43 PM
To: Spears, Courtney <[e-mail]>; Crumbley, Tyler A CIV USARMY CESAW (USA)
<[e-mail]>
Subject: RE: LAMA Minor Modification Request: Orton Camp, LLC & Orton Plantation Holdings, LLC
Courtney,
Would the 700 square feet of new rip rap at the base of the water control structure be within wetlands or open waters?
Thanks
From: Spears, Courtney <[e-mail]>
Sent: Thursday, July 11, 2019 2:57 PM
To: Crumbley, Tyler A CIV USARMY CESAW (USA) <[e-mail]>; Coburn, Chad
<[e-mail]>
Subject: FW: CAMA Minor Modification Request: Orton Camp, LLC & Orton Plantation Holdings, LLC
Any comments on the attached mod? The agent is asking for an update.
Thanks!
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
910 796 7426 office
courtney. spears(i7a.ncdenr. gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
From: Pietila, Tanya K
Sent: Friday, June 21, 2019 9:57 AM
To: Coburn, Chad <[e-mail]>; Crumbley, Tyler A CIV USARMY CESAW (USA)
<[e-mail]>; [e-mail]
Cc: Day, Susan <[e-mail]>; Spears, Courtney <courtney.spears(0ncdenr.gov>
Subject: CAMA Minor Modification Request: Orton Camp, LLC & Orton Plantation Holdings, LLC
Good Friday Morning!
Please accept this request for a CAMA Minor Modification to Major Permit No. 37-17 from the above subject project in
Winnabow, Brunswick County.
Please reply to Courtney Spears at courtna.sspears(cbncdenr.gov or [phone] with your questions, comments, or
concerns.
Thank you!
Tanya

Spears, Courtney
From: Beecher, Gary H CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, September 23, 2019 3:47 PM
To: Spears, Courtney; Coburn, Chad
Cc: [e-mail]
Subject: [External] RE: CAMA Minor Modification Request: Orton Camp, LLC & Orton Plantation
Holdings, LLC
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
Courtney and Chad,
I just got off the phone with Steve (LMG), The corps can do this permit pretty easily under a Nation Wide 3 for
maintenance. The additional rip rap is being brought in to help prevent future scouring and erosion from occurring. The
work is being performed for maintenance reasons.
Respectfully,
Gary
-----Original Message -----
From: Beecher, Gary H CIV USARMY CESAW (USA)
Sent: Monday, September 16, 2019 12:44 PM
To: Spears, Courtney <[e-mail]>
Cc: Crumbley, Tyler A CIV USARMY CESAW (USA) <[e-mail]>
Subject: RE: CAMA Minor Modification Request: Orton Camp, LLC & Orton Plantation Holdings, LLC
Courtney,
I've been in contact with Steve (Land Management Group). My main question to him was if the project area had been
delineated. I think the project can be issued under a combination of a NWP 3 (Maintenance) and a NWP 13 (Bank
Stabilization).
I should have more information for you this week.
Gary
RECEIVED
SEP 3 0 2019
-----Original Message -----
From: Spears, Courtney [mailto:[e-mail]] DCM-MHD CITY
Sent: Monday, September 16, 2019 11:07 AM
To: Beecher, Gary H CIV USARMY CESAW (USA) <[e-mail]>
Cc: Crumbley, Tyler A CIV USARMY CESAW (USA) <[e-mail]>
Subject: [Non-DoD Source] FW: CAMA Minor Modification Request: Orton Camp, LLC & Orton Plantation Holdings, LLC
Hi Tyler and Gary,

Any comment on this one?
Thanks!
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal. Management
Department of Environmental Quality
910 796 7426 office
[e-mail] <mailto:[e-mail]>
127 Cardinal Drive Ext.
Wilmington, NC 28405
From: Pietila, Tanya K
Sent: Friday, June 21, 2019 9:57 AM
To: Coburn, Chad <[e-mail]>; Crumbley, Tyler A CIV USARMY CESAW (USA)
<[e-mail]>; [e-mail]
Cc: Day, Susan <[e-mail]>; Spears, Courtney <[e-mail]>
Subject: CAMA Minor Modification Request: Orton Camp, LLC & Orton Plantation Holdings, LLC
Good Friday Morning!
Please accept this request for a CAMA Minor Modification to Major Permit No. 37-17 from the above subject project in
Winnabow, Brunswick County.
2

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
MEMORANDUM
NORTH CAROLINA
Environmental Qualify
TO: Courtney Spears
DCM Major Permit Assistant Coordinator, Wilmington
FROM: Tara MacPherson p
k�'
DCM Field Specialis) Wilmingto
THRU: Debra D. Wilson��d
DCM District Manager, Wilmington
DATE: June 19, 2019
SUBJECT: Permit Modification Request to State Permit No. 37.17, Orton Camp, LLC & Orton Plantation
Holdings, LLC, Orton Pond Spillway, Plantation Road, Winnabow, in Brunswick County
Mr. Steve Morrison, acting on behalf of Orton Camp, LLC and Orton Plantation Holdings, LLC, is requesting
a Minor Modification to State Permit No. 37-17. This request was submitted in a letter dated April 30, 2019
with three (3) drawings, 1-3 of 3, all dated revised June 18, 2019. State Permit No. 37-17 was originally
issued March 23, 2017 for the extension of two existing bulkheads and placement of rip rap at the base of
the Orton Pond Spillway. The construction authorized by State Permit No. 37-17 has been completed. State
Permit No. 37-17 is due to expire on December 31, 2020.
State Permit No. 65-02 was issued to Orton Plantation by Settlement on June 3, 2002 for the long term
maintenance of the outer dike adjacent to the Cape Fear River. State Permit No. 83-12 was issued to Orton
Plantation Holdings, LLC on July 17, 2012 for construction of dike and marsh revetments along the Cape
Fear River, Orton Creek, and the Orton Pond Spillway, to augment the dike, replace existing water control
structures and to revert the historic rice fields back to rice production. GPD 66561 was issued to Orton
Plantation Holdings, LLC on June 3, 2016 (and was reissued September 28, 2016) to construct a new
bulkhead at the Orton Pond Spillway. All work authorized by the aforementioned permits has been completed.
The Minor Modification request consists of the construction of a concrete -lined emergency spillway to divert
water from Orton Pond around the existing spillway structure during heavy rain events. The spillway and
stairs would be constructed on the southern shoreline over existing grass area creating approximately 1,660
sq. ft. of new impervious surface adjacent to the water control gates (see Sheet 2 of 3). (Please note that
concrete is not proposed landward of the 11 ft. elevation contour). The existing wingwalls would be
notched/modified to accept the designed flow way and the water control gates would be replaced. The
applicant also wishes to add approximately 700 sq. ft of new rip rap at the base of the water control structure
RECEIVED
uwwauw�..irm+r
North Carolina Department of Environmental Quality I Division of Coastal Management
JUN 25 2019
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215 DCM-MHD CITY

in an area measuring approximately 35 ft. long by 30 ft. wide adjacent to the existing rip rap. An additional
750 sq. ft. of rip rap is proposed on both the northeast and southeast shorelines for erosion control. The rip
rap would be installed in areas measuring 25 ft. long by 30 ft. wide, both with a 2:1 slope, adjacent to the
existing bulkhead wing walls and above Normal High Water (NHW).
The proposed modifications appear to be consistent with NCAC 07H .0208(b) and NCAC 07H .0209, which
include the use standards for water dependent structures and coastal shorelines. This office has no objection
to the modification of State Permit No. 37-17, provided it is consistent with all other local, state, and federal
regulations. Davey Resource Group Inc. has submitted a check (check No.1440) in the fee amount of $100.
By copy of this memo, DCM is requesting that the USACE, NC DWR, and the Brunswick County LPO
provide any comments that your agency may have on the proposed project to Courtney Spears of
DCM's Wilmington office within 14 days of receipt of this memo.
Enclosures
cc: DCM-MHC Tyler Crumbley, USACE
Chad Coburn, NC DWR Connie Marlowe, LPO
RECEIVED
JUN 2 5 2019
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215 -
DCM-MHD CITY

4LMG
LAND MANAGEMENT GROUP
a DAM# company
4/30/19
Tara MacPherson
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, N.C. 28405-3845
Dear Tara,
On behalf of Orton Camp, LLC and Orton Plantation Holdings, LLC, I am requesting a minor
modification, of their CAMA major permit number 37-17. The requested modification is to
authorize the construction of a concrete -lined emergency spillway structure to divert water from
Orton Pond around the existing spillway structure during extreme rainfall events. Overflow
water would then flow down the existing connection to the Cape Fear River.
During Hurricane Florence in September, 2018, water levels in Orton pond rose and the
overflowing water washed out a section of Plantation Road. The proposed emergency spillway
structure is designed to allow large volumes of water to be safely discharged downstream and
keep the pond level from rising far enough to impact the roadway. The structure will be
constructed of concrete to prevent scouring of any adjacent land area. The existing wingwalls
at each end of the structure will be modified (notched) to accept the designed flow way. To
accommodate the structure, a section of additional wingwall will be added on the southern side
above the Orton Pond embankment. Riprap will be placed below the outfall end of the structure
to act as an energy dissapator and to prevent scouring during flow events. There are no wetland
impacts proposed with this modification.
Please see the attached drawings. The adjacent riparian landowners are being notified as
required and we will forward the certified mail delivery receipts to your office. Thank you for
your assistance.
Sincerely,
Steve Morrison
Environmental Consultant
Attachments
Cc: Orton Plantation Holdings, LLC
RECEIVED
JUN 2 5 2019
DCM-MHD CITY
RECEIVED
MAY 0 7 no
www.imgroup.net • Phone: [phone] • Fax:[phone] DCM WILMINGTON, NC
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

tLMG
C
a WHEY'#. company
4/24/19
Jim Tyler
NCDOT
5504 Barbados Blvd.
Castle Hayne, N.C. 28429
MAY 16 2019
NC DOT
DISTRICT 3
Re: Adjacent riparian landowner notification, Orton Pond emergency spillway
construction, Orton Plantation Holdings, LLC, Brunswick County
Dear Mr. Tyler,
As required by the Division of Coastal Management (DCM), as an adjacent riparian
landowner, you are being notified of Orton Plantation Holdings, LLC's request for a
modification of their existing CAMA Major Permit to authorize the construction of an
emergency spillway for Orton Pond. We have enclosed a copy of the modification request
materials. You will have 10 days in which to submit any written comments to the Division of
Coastal Management, 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845. Please
contact me with any questions that you may have regarding this proposed project.
Sincerely,
Steve Morrison
Environmental Consultant
Encl: CAMA permit modification request
Cc: Orton Plantation Holdings, LLC.
www.imgroup.net- Phone: [phone] • Fax:[phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
RECEIVED
DCM WILM9NGTON, NC
RECEIVEDi
JUN 2 5 2019
DCM-MHD CITY

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Hammers, Angela K
From: Koonce, Terry B
Sent: Wednesday, May 29, 2019 12.44 PM
To: Britt, Adam T; Hammers, Angela K
Subject: RE: Orton Pond Emergency Spillway adj to Plantation Rd SE (SR 1529)
Categories: action needed
Angel,
From what 1 can tell we would have no problem with them doing any work in this area. The Bridge has plenty of height
and is in good shape with little to no erosion on the banks. If you need anything else please let me know.
Thanks,
Brad Koonce
Engineering Specialist I
Division 3 Bridge Maintenance
North Carolina Department of Transportation
910 3712372 office
910 264 9691 mobile
tbkoonce(i)o ncdot.00v
25 Old River Road
Leland, NC 28461
From: Britt, Adam T <[e-mail]> RECEIVED
Sent: Tuesday, May 28, 2019 12:37 PM
To: Koonce, Terry B<[e-mail]> JUN 2 5 2019
Subject: FW: Orton Pond Emergency Spillway adj to Plantation Rd SE (SR 1529)
DCM-MHD CITY
Since you're familiar with this, can you take a look at this tomorrow and let me know what you think?
From: Hammers, Angela K
Sent: Thursday, May 23, 2019 2:13 PM RECEIVED
To: Britt, Adam T <atbrittPncdot.eov>
Subject: Orton Pond Emergency Spillway adj to Plantation Rd SE (SR 1529) JUN 11
Hi Adam,
1 DCM WILMINGTON, NC

MacPherson, Tara
From: McGuire, Tyler D
Sent: Tuesday, June 11, 2019 10:09 AM
To: Amico, Patrick J; MacPherson, Tara
Subject: FW: Orton Pond emergency spillway construction, Orton Plantation Holdings, LLC Brunswick
County
Attachments: Orton Pond emergency spillway.pdf
I'm not sure whose terf this one's in but see below...
2
Environmental Specialist
Division of Coastal Management
North Carolina Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
(910) 796 - 7424
Tv1er.McGuire�.ncdenr.gov
•E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Hammers, Angela K
Sent: Friday, June 7, 20191:44 PM
To: McGuire, Tyler D <Tyler. McGuire@ ncdenr.gov>
Subject: Orton Pond emergency spillway construction, Orton Plantation Holdings, LLC Brunswick County
Hello Tyler,
Just a quick note to say the NCDOT, as the adjacent property owner, to the Orton Pond emergency spillway has no
objection to the project. Please let the applicant know that if the shoulder to Plantation Road is damaged, to please
restore the shoulder with vegetation and positive drainage.
Thank you. Let me know if you have any questions.
Sincerely,
Angela (Angel) Hammers
Engineering Technician
Division 3 District 3
North Carolina Department of Transportation RECEIVED
910-398-9100 office
akhammers(cDncdot.aov JUN 2 5 2019
300 Division Drive
Wilmington, NC 28401-8883 DCM-MHD CITY

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
6/19/2019
Davey Resource
Orton Camp LLC
United
1440
$100.00
minor mod fee, #37-17 Plantation
Tmac rct.
Group Inc.
Bank
Rd, Winnabow BrCo
3470
0
o
U
LU
N
0
UJ

Orton Pond
ya N
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is a y1��.-t1r ,y►_ l g y t '
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�. e 5 r " .'�4^•� ..�. �-§R' _ Cif
;` S� y:, i A •'tom as` .�
Emergency Spillway;'_ ,
,F.
a,

EXISTINC3PILLWAY
(WATER CONTROL GATES T()-SE REPLACED)
WING WALL
ORTONPOND
(FRESH WiATER)
' p
I °na0
gem
I �°w
WING WALL
PROPOSED WING WALL
PROPOSED GRADE
3:1 SLOPE
PROPOSED 6'-WHJE
STAIRS AND WALKWA'�
(CONCRETE)
30'
2:1 SIDE
1778 16
15
1
%� 13
All �2
15 /
EXISTING WING WALL (NHW)
12 EXISTING RIP RAP
7 1 (SCOUR HOLES TO BE FILLED)
,1-. -
Ay
., 1
�31 e
NOTES:
1. NO WETLAND IMPACTS PROPOSED. 30' BUFFER
2. BASE CAD FILE PROVIDE BY NORRIS AND TUNSTALL,
CONSULTING ENGINEERS P.C. 75' AEC
3. NOT A SURVEYED OR ENGINEERED DRAWING.
4. FOR ENVIRONMENTAL PERMITTING ONLY.
5. PROPOSED RIP RAP TOTAL: 2,866 s.f.
30'
NHW
TIDAL 20 _
TO CAPE FEAR RIVER
20'
PROPOSED RIP RAP
O
EXISTING WING WALL (NHW) NHW
-- Q
Cn
m
25' RECEIVED
9
709
0
L PROPOSED EMERGENCY
6'-WIDE (CONCRETE FROM WING
—
WALKWAY
Legend
JUN 2 5 ZO
DCM-MHD CITY
RECEIVED
DCM WILMINGTON, NC
\ JUN 1 8 2019
SAY
/A +11) �2:1 SIDE SLOPE
°Mino'Modf��
�LMG
��Req�est
LA"MANAGEMENTGROUF
TRI¢:
Me CO1"1.7 5
3E05 v" Ave,
Emergency Spillway
9
Carolina 2
Mlmingron, No" Carolina 28n02
gton,N
it
Detail View
Telephone. [phone]
2/28/19 6/18/19
Job Number.
1"=20' LMG10.110
Sheet Number.
GSF 2of3

22 22
8 or
PROPOSED EMERGENCY
CONCRETE SPILLWAY 8
6 ELEV: 5.2
EXISTING 6
23'
4
4
2
2
0
1. NO WETLAND IMPACTS PROPOSED.
2. BASE CAD FILE PROVIDE BY NORRIS AND TUNSTALL,
CONSULTING ENGINEERS P.C.
3. NOT A SURVEYED OR ENGINEERED DRAWING.
4. FOR ENVIRONMENTAL PERMITTING ONLY.
0
RECEIVED
JUN 2 5 2019
DCM-MHD CITY
HOFIZOD4 1"=40'
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--- 2/2e/1s
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Orlon Plantation Holdings, LLC
g
LM
Permit#2318
Minor Modification Request
Scale.
Jab Number
LAND MANAGEMENT GROUP
AS N-1
LMG10.110
rale:
Vertical 1" = 4'
o
3B05 Wrightsville Ave, ft'l5
Emergency Spillway
Drawn By:
Sheet Number
Wini ngton, North Carolina 2e402
r-,e.,n...,e mndsonnm
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