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HomeMy WebLinkAbout37-17 Orton Camp & Orton Plantation HoldingsPeu^tit C,"Pss NEW Permit Number 37-17 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit RECEIVED MAR 2 8 2017 for DCM- MHD CITY X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Orton Camp, LLC & Orton Plantation Holdings; LLC, 371 Floor,11 Times Square, New York, NY 10036 Authorizing development in Brunswick County adi. to Orton Pond Spillway, Plantation Road SE. Winnabow , as requested in the permittee's application dated 11/15/16, incl. attached workplan drawings (2), C1 & S2, both dated 10/27/15 and revised 1/17. This permit, issued on March 23, 2017 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may ie subject to tines, imprisonment or civil action, or may cause the permit to be null and void. Bulkheads/Riprap 1) The bulkheads & riprap shall be constructed in the same alignment as depicted on the attached workplan drawing. 2) No backfill material shall be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkheads. 3) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 4) The bulkheads shall be constructed prior to any backfilling activities. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2020 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. k - L r Y°fC BraxtorTC. 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 3 ADDITIONAL CONDITIONS 5) The bulkheads shall be structurally tight so as to prevent_ seepage of backfill materials through the structure. 6) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 7) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 8) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite, marl or broken concrete. 9) All backfill material shall be clean and free of any pollutants except in trace quantities. Sedimentation and Erosion Control 10) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 11) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately landward of the bulkheads immediately following completion of backfilling activities. 12) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. General 13) No open water areas shall be excavated or filled, even temporarily, outside of the approved alignment. 14) The pemmittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 15) 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. 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: This permit does not eliminate the need to obtain ddixipnal state, federal or local permits, approvals or authorizations that may be REG. U MAR 2 8 Z017 Orton CAmp, LLC/Orton Plantation Holdings, LLC Permit No. 37-17 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of a modification of the previous authorization under General Permit 198000291 (Action ID No. SAW-2011-00624), which was issued on 3/16/17. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR- 2011-0896v5. NOTE: An application processing fee of $400 was received by DCM for this project. RECEIVED MAR 2 8 2017 DCM- MHD CITY t / DIVISION OF COASTAL MANAGEMENT �. APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Orton Plantation Holdings, LLC COUNTY: Brunswick PROJECT NAME: Orion Pond Spillway Bulkhead Extensions w/rip rap LOCATION OF PROJECT: off of Plantation Rd SE, adjacent to the Cape Fear River, in Winnabow DATE APPLICATION RECEIVED COMPLETE BY FIELD: 1-11-17 FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Tara MacPherson DISTRICT MANAGER REVIEW: 9"t B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 1-27-17 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNEI'Dj TO: Q)atk C) 75 DAY DEADLINE: CI FI11 MAIL OUT DATE:1-24-17 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: 5400 / #47785 16010 END OF NOTICE DATE: 2-17-17 DEED RI C: ON: 150 DAY DEADLINE: STATE DUE DATE: 2-17-17 FED COMMENTS RECD: DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) Division of Water Resources (401) Storm Water Management (DEMLR) State Property Office Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission Local Permit Office Division of Marine Fisheries / DCM Corps of Engineers _ M H p CITY NC Division of Coastal Management Major Permit Application Computer Sheet AEC Orton Pond l CF River Fee $400 #47765 CDAITS _,..... MHC cc -Applicant Orton Plantation Holdings, LLC AgenUContraotor Land Management Group c/o Laura Stasawch Project Site County Brunswick Staff: Tara MacPherson District Wilmington Project Name Orton Pond spillway bulkheadlrfprap Rover Pile nya River Basin. Cape Fear Initial date of application submttali 12 19 16 Date application received as complete"o in the Field office: -.. __. __ _- ( Permd Authorization rj CAMA n Dredgs & Fill Both l.-. --_------- -_----_-' SITE DESCRIPTION/PERMIT INFORMATION -JYes Na F PNA QYes No Photos Taken Yes NoQ,j _ Habitat [ jYes-L- ❑No Not Sure 15 faot vraiver obtained [JYesNo 0-1 uired (r(parian} LJYes. [JNo ! []Yes ❑No SAV: ❑Yes No ❑Nat Sure Shell Bottom. CjYos]No ❑ Nat Temporary Impacts []Yr s ❑No -- Sure Sandbags ❑YesNo ❑Not Sure I Did the land use stfication came Mitigation Required (optional) from county LUPYes QNo ❑Yes ❑No Moratorium Conditions: EnvironmentN ttssessnient Done t Pngft} Qf Shoreline: []Yes No QNA ❑Yes []NoANA /' a� FT Shellfish Area IPasagnation Project Description (code) Development Are"de) Open -o -Closed .J SECONDARY WATER CLASSIFICATION OPTIONAL (choose MAX of 4) i r Future Water Supply (FWS) Q Nutrient 5ensdroe Waters (NSW) vamp Waters (SW) High Quality Waters (HQW 11 Outstanding Resource Waters (ORW) i WETLANDSIMPACTED [� (404) Corp of Engineers (Jurfsdictanal 1 {LS) Sea lavender (Limonium so.) Q (S$) Glasswort ( Salicornta sp ) wetlands) {; - - ---- - :.-- - -- ❑ (CJ) Saw grass (Cladium jamaicense)' �, (SA) Salt marsh cordgrass (Spartina (� (SY) Salt reed grass (Spartina alterniflora)'.. cynosuroides) i ] {DS) Salt or spike grass (Disfchiis [] (SC) BWlrush or three square {Scirpus Q (TY) Cattail (Typha so) spicata} sp } 1 [I (SR) Black needlerush (Juneus ❑ (SP) Saltimeadow grass (Spartina roemerianus) patens) APPLICATION FEE .-._�.._..._._._-.._� Q No fee required - $0.00 {� IU{A} Private w/ D&F up to 1 acre 3490 TO Ill{D) Prir- public or Comm wJ D&F to 1 I can be applied - $250 acre: 3490 can't be applied - $400 i. 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 .. -- --- ..�......._.__ (- _ ( -.. _- . ___ - - j _ PermdTransfer - $100 tl B) Pablrc or commercial w{ D& to 9 [J Express Permit - $2000 G cre 3490 can be applied - $400 Q Major development extension request Q tl Public or commercial/no dredge $100 andfor fill - S400 --- — - - -- is or c E f " t l-j I Private no dredge and/or Ill- $250 i 1 Itt(C) Prhr public or Comm w tD&F to 1 JA acre, 3490 can be applied, DCM needs DWQ agreement - $400 Orton Plantation Holdings, LLC Date: 12-19-16 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 i i I I m i Ne -- ( w ! ! Maint ❑ (❑ Y [�'N � New WorX Replace I Maint 11 r Y N-._.:._j___ 'i j New Work Replace Maint 0 ❑ Y 17J N'; New Work 7 Replace ! , Maint ❑ !, ❑ Y ❑ N I ( i New Wo-rk [ j r Replace, i ' Mart ! OY ON i :New Work' Replace I Mainz ❑ ❑ Y ❑ N !! ;New Ntork [ Replace i .. '.. Marnt 0 ❑ Y ON j Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. "-- " - - - ---------- 7OTAt_'Sq. Ft. + FINAL Sq. Ft. �TOTALFeet I FINALFeet t - (Applied for ! (Ant�c!pated final {Applied for, (Anhclpated final DISTURB TYPE Disturbance total disturbance Disturbance " disturbance - Habitat Name Choose One includes any Excludes any ! total includes Excludes any anticipated restoration any anhCpa'ed restoration andlor es+oration or andlor temp ff smratjor or temp impact _ act amo temp impacts) f.?nt{_ ' temp lmcis ) ! amounts I v 8 El Fit [ Both ❑ Other -"` .-- -- -r - - -I-'— — �---'- --- --- - -- Dredge ❑ FII Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other L Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ HI ❑ Both ❑ of er ❑� ; i Dredge ❑ Fill ❑ Both ❑ Dine- ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 1 g Dredge ❑ Fill ❑ DGd" ❑ Other ❑ ✓� fir^ _.. .` 4 �'V 9r f -J .ZP94 t 8tS84RCQA5T:: wvaw.nr"aoastalmar.3gcment.net �'� revised: 10'12,06 MAJOR PERMIT FEE SCHEDULE (� Orton Plantation Holdings LLC/$400, CK #47785/Brunswick Co DCM % DWQ % Development Ta Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 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-commercial development, if General Water Quality Certification No. 3900 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3900 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3900 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 3900 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 RECEIVED JAN 31 2017 DCM- MHD CITY Payment Proccessing Confirmation Date Received 1 12/19/2016 Check From (Name) Land Management Group Inc Name of Permit Holder Orton Plantation Holdings LLC Vendor First Bank Check Number 47785 Check amount $400.00 Multiple Permits No Major/Minor Major Permit Number/Comments Major Fee, Plantation Road SE, Bruns Receipt or Refund/Reallocated RECEIVED JAN 31 2017 DCM- MHD CITY Recommendations for State Permit- Orton Plantation Holdings, LLC- (Orton Pond Spillway project) 12/23/17 It appears that the project is consistent with the use standards set forth in NCAC 07H .0209 (d) Use Standards. Provided there are no objections from the commenting agencies, this office recommends a permit be issued with the standard shoreline erosion control conditions. It is also recommended that should a permit be issued, the following condition be included: • This permit does not eliminate the requirement to obtain any other permits or approvals that may be required, including but not limited to a Water Quality Certification from the Division of Water Resources and/or a permit from the U.S. Army Corps of Engineers. RECEIVED JAN 3 1 2017 DCM- MHD CITY ROY COOPER Govemor MICHAEL S. REGAN Secretary Coastal Management ENVIRONMENTAL QUALITY January 24, 2017 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for Orton Plantation Holdings, LLC / Brunswick Co. Kyle & Heather: Please publish the attached Notice in the Friday, January 27, 2017 issue. BRAXTON DAVIS Director 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 Shaun Simpson 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 Tanya Wright, (Ref acct # 796-7215). 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. rKq Heather Coats - WiRO Doug Huggett - MHC Tyler Crumbley - USACE Sarah Young- DCM Sincerely, Shaun K. Simpson Permitting Support & Customer Assistance RECEIVED JAN 3 1 2017 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-79&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 application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On January 17, 2017, Orton Plantation Holdings, LLC proposed to extend two existing bulkheads, and to place rip rap at the Orton Pond Spillway, off of Plantation Road SE, adjacent to the Cape Fear River, in Winnabow, Brunswick County. A copy of the application can be examined or copied at the office of Tara MacPherson, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7425) 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 February 17, 2017 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. RECEIVED JAN 31 2017 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive En., Wilmington, NC 29405 910-796-7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Orton Plantation Holdings, LLC, c/o Peter Talty 2. LOCATION OF PROJECT SITE: Project site is located adjacent to Orton Pond (Parcel ID 1440000119) off of Plantation Road SE in Winnabow, Brunswick County. Photo Index - 2006: 204-6651 D-G, 22-24 2000: 15-145 K-O, 17-23 State Plane Coordinates - Lat: 34003103.23"N Long: 770 57127.3511W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Date of Site Visit — 11/2/16 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received—12/19/16 Complete—1/17/17 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Brunswick County Land Classification From LUP - Conservation (B) AEC(s) Involved: ES, EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — None Planned - N/A (F) Type of Structures: Existing — Orton Pond Spillway bulkheads Planned - Extension of both bulkheads and placement of rip rap (G) Estimated Rate of Erosion: N/A HABITAT DESCRIPTION: ]AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands 1,280 sq. ft. (Open Water (C)Other — High Ground 1,041 sq. ft. (D) Total Area Disturbed: 2,321 sq. ft. (0.05 Acres) (E) Primary Nursery Area: No (F) Water Classification: Orton Pond — C;Sw 8. PROJECT SUMMARY: The applicant is proposing to extend two existing bulkheads and place rip rap at the base of the Orton Pond Spillway. RECEIVED JAN 31 2017 DCM- MHD CITY Orton Plantation Holdings, LLC- c/o Peter Talty Page Two 9. PROJECT DESCRIPTION To find the project site, travel west of US Hwy 74/76 out of Wilmington to NC Highway 133 South towards Southport. Travel approximately 12.5 miles to Plantation Road SE. Turn left and travel a distance of approximately 1.2 miles until you reach the bridge spanning Orton Pond. The spillway is located on the right side of the bridge. The property is bordered by Plantation Road SE to the east, Orton Pond to the west, undeveloped land to the north and Sunny Point to the south. Orton Plantation is a former rice plantation developed around 1725. Construction included a gravity - based water control system, with Orton Pond as the water supply source, and creation of several rice fields on the property. State Permit #176-88 was issued by CRC variance to Kenneth M. Sprunt on September 2, 1988 for the reconstruction of a dam/spillway. The named "Front Rice Fields" (both North and South) are bordered by Orton Creek to the north, Orton Pond spillway to the south and the Cape Fear River to the east. One of the water control structures on the southern end of the Front South Rice Field drains directly to the Orton Pond Spillway. State Permit #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 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. Most recently GP 66561D was issued to Orton Plantation Holdings on June 3, 2016 (and was reissued on September 28, 2016) to construct a new bulkhead at the Orton Pond Spillway. The waters of Orton Pond are classified as C;Sw by the NC Division of Water Resources. They are not designated as Primary Nursery Area (PNA) by the NC Division of Marine Fisheries, nor open to the harvesting of shellfish. PROPOSED PROJECT: The applicant is proposing to extend two existing bulkheads and place rip rap at the base of the Orton Pond Spillway. According to the project narrative, the proposed bulkhead extensions and rip rap revetment are to address shoreline erosion adjacent to the spillway and scour below the spillway. General Permit No. 66561 was issued on 6/3/16, and was re -issued as GP 67207D on 9/28/16, for construction of 54 linear ft. of new bulkhead to replace the existing failing bulkheads adjacent to the spillway location. The current proposal is to extend the new bulkheads 53 linear ft. on the northern shoreline, with approximately 578 sq. ft. of backfill, and 59 linear ft. along the southern shoreline, with approximately 463 sq. ft. of backfill, to the east of the spillway. The applicant is also proposing to place approximately 740 sq. ft. of rip rap at the base of the spillway. The rip rap revetment would extend approximately 20 ft. to the east of the spillway and would span the approximately 50 ft. area between the existing bulkheads creating a stone base at the bottom of the spillway (see Sheet C 1). The applicant states that there will not be any wetland impacts. RECEIVED JAN 31 2017 DCM- MHD CITY 10. ANTICIPATED IMPACTS: Approximately 1,280 square of open water within the diked areas would be permanently filled as a result of this project within the Orton Pond Spillway. An additional 1,041 sq. ft. of high ground area would be temporarily impacted in association the proposed bulkhead extensions. Temporary increases in turbidity should be expected during construction. Submitted by: Tara MacPherson Date: January 24, 2017 Office: Wilmington RECEIVED JAN 31 2017 DCM- MHD CITY LMG LAND MANAGEMENT GROUP me Environmental Consultants 11/15/16 Tara MacPherson Division of Coastal Management 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 Re: CAMA Major Permit application submittal, Orton Pond spillway bulkhead extensions, riprap placement, Orton Plantation Holdings, LLC, Brunswick County Dear Tara, On behalf of Orton Plantation Holdings, LLC, I am submitting a CAMA Major Permit application package for the proposed extension of the two existing bulkheads and the placement of riprap immediately down stream of the Orton Pond spillway. This work is proposed to address the erosion affecting the shoreline embankments and to prevent scour near the spillway. Currently, there is a CAMA General Permit (No. 67207) in hand for the replacement and backfill of the existing lengths of bulkheading and work is underway as of this date. I have enclosed the completed DCM-MP forms, project drawings depicting the proposed work and related materials. Also enclosed is the $400 application fee check. The adjacent riparian landowners are being notified as required and the certified delivery receipts (green cards) will be sent to you as soon as received. Please contact me with any questions that you may have. Thank you for your assistance. RECEIVED Sincerely, JAN 3 1 2017 DCM- MHD C14ECEIVED Steve Morrison DEC 19 M Environmental Consultant RECEIVED Encl: DCM-MP forms, drawings, landowner letter of permission, DCM WILMINGTON, NC Cc Orton Plantation Holdings, LLC DEC 19 2016 www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 I= Mr-1 APPLICATION for Major Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Orton Plantation Holdings, Llc Project Name (if applicable) Orton Pond Spillway bulkhead extensions, riprap Applicant 1: First Name Mr. Peter MI J Last Name Talty Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address Orton Plantation Holdings, LLC, 371" Floor, 11 Times Square PO Box City New York State NY ZIP 10036 Country USA Phone No. 212 - 782 - 6295 ext. FAX No. Street Address (f different from above) city State ZIP Email peter.talty@bllc.com 2. Agent(Contractor Information Business Name RECEIVED Land Management Group, Inc. Agent/ Contractor 1: First Name MI Last Name Steve Morrison Agent/ Contractor 2: First Name MI Last Name Laura Stasavich Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910 - 452 - 0001 ext. ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email smordson@lmgroup.net/istasavich@lmgroup.net <Formi continues on back> DCM WEGEIVED IL ING ON, NC DEC 19 2016 252.808-2808 i, 1-888•41RCOAST .. www,nccoastal management. net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick Plantation Road SE Subdivision Name City State Zip Phone No. Lot No.(s) (rfmany, attach additional page with list) - - ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Orton Pond outfall c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Cape Fear River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Brunswick County 4. Site Description a. Total length of shoreline on the tract (tt) b. Size of entire tract (sq.R) —380' downstream of spillway 17,162,640 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (mama/ high water) or N/A, I I NWL (normal water leveo (If many lot sizes, please attach additional page with a list) 0-20' ❑NHW or I9J. NWL e. Vegetation on tract Pine/hardwood mix, shrubs, grasses f. Man-made features and uses now on trail Orton Pond Spillway RECEIVED CEIVED i� JA N 31 17 g. Identify and describe the existing land uses adiaoent to the proposed project site. Woodland, freshwater pond recreation DCM- MHD CITY h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? CO -RR (Attach zoning compliance certificate, 9 applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? We I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> DCM WILMINGTON, NC DEC 19 2016 252.808-2808 :: 1-888.4RCOAST :: www.necoastaimanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit in. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? Dyes ®No (iii) N yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. none o. Describe existing drinking water supply source. none p. Describe existing storm water management or treatment systems. none 5. ActlVides and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemmerd ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Spillway bulkhead extensions to stabilize nearby steep eroding embankments. Riprap installation at toe of spillway for energy dissapation. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Standard marine construction methods and equipment for bulkhead extensions. Equipment to be stored at site on upland. d. List all development activities you propose. Construction and backfill of bulkhead extensions for bank stabilization. Riprap installation below spillway. e. Are the proposed aclivities maintenance of an existing project, new work, or both? new f. What is the approximate total disturbed land area resulting from the proposed project? 1,200 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use oft h. Describe location and type of existing and proposed discharges to waters of the state. RECEIVto n/a JAN 31 2017 i. Will wastewater or stovnwater be discharged into a wetland? ❑Yes ®N - IT If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ❑No ®NA If yes, attach a mitigation proposal. DCM WILMINGTON, NC <Form continues on back> DEC 19 2016 252.808-2808 :: 1-888.4RCOAST :: a vwrw.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. AdditionalInfonnadon In addition to Ihts completed application form, (MP-1) the following items below, N applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. 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 affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. 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 mail. 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 Michael B. Davis etals do Peter R. Davis Phone No. Address 2 E. Raleigh Street, Wrightsville Beach, N.C. 264W Name Col. Chris Hart, 5961° Transporation Brigade Phone No. Address 6280 Sunny Point Road S.E., Southport, N.C. 28461 Name Jim Tyler, NCDOT Phone No. Address 5504 Barbados Blvd., Castle Hayne, N.C. 28429 g. A list of previous state or federal permits issued for work on the pmjed tract Include peffnit numbers, perrmittee, and issuing dates. CAMA General Permits Nos 66W and 67207, Orton Plantation Holdings, L-C, issued 6/3/16 and 9/28116 h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, ff necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act I understand that any permit issued in response to this application will allow only th The project will be subject to the conditions and restrictions contained in the permit. 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 hat 1he information provided in this application is truthful to the best of my knowledge. Date � si� Print Namecsflyz- toioRQlsyd RECEIVED Signature JAN 3 1 2017 Please indicate application attachments pertaining to your proposed project. DCM- M H D CITY ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NO DEC 19 20% 252.808.2808 :: 1-888-4RCOAST :: www.neeoastalmanagamant.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access - _ -- Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length Width Avg, Existing Depth NA NA Final Project Depth NA NA 1. EXCAVATION ®This secWn not applicable a. Amount of material to be excavated from below NhW or NWL in cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? 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: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (i) Do you claim title to disposal area? Dyes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner e. (i) Does the disposal area include any coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (it) Describe the purpose of disposal in these areas: b. Type d. High -ground excavation in cubic yards. ®This section not applicable b. Dimensions of disposal area. d. () Will a disposal area be available for future maintenance? ❑Yes []NO ❑NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? Dyes ❑No ❑NA (ii) If yes, how much water area is affected? RECEIVED JAN 31 2017 DCM WILM NG ON, NC DCM- MHD CITY DEC 19 2016 252-808-2808 :: 1-888-4RCOAST :: www.nccosstalmanagement.not revised: 12/26106 Form DCM MP-2 (Excavation and Fill, Page 2 of 41;p^ 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood gran, use MP4 — Structures) a. Type of shoreline stabilization: b. Length: bulkheads 112'. riprap 50' ®Bulkhead ORiprap ❑Breakwater/Sill ❑Other. c. Average distance waterward of NHN or NWL: bulkheads 2', riprap 20' e. Type of stabilization material: bulkheads treated timber, riprap stone g. Number of square feet of fill to be placed below water level. Bulkhead backfill 190 Riprap 1000 Breakwater/Sill Other i. Source of fill material. contractor haul in Width: bulkheads 2.5. ricrac 20' d. Maximum distance waterward of NHW or NWL: bulkheads 8% riprap 20' f. (i) Has there been shoreline erosion during preceding 12 months? ®Yes []No ❑NA (it) If yes, state amount of erosion and source of erosion amount information. unknown amount, erosion is evident It. Type of fill material. bulkhead badkfill day material, dprap stone 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. () Will fill material be brought to the site? ❑Yes []No ❑NA b. () Will fill material be placed in coastal wetlandstmarsh (CW), If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None (it) Describe the purpose of the fill in these areas: a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used controlled? badkhce, or hydraulic dredge)? Bulkhead barkfill contained by bulkheads, surface to be stabilized Badkhoe, dumptrodk with ground cover vegetation c. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (it) If yes, explain what type and how they will be implemented. d. (i) Will wetlands be crossed in transporting equipment to proj ❑❑�t site? Yes ®No NAC VED (it) If yes, explain steps that will be to WLor minimize environmental impacts. JAN 31 2017 Sr�ks. t^%kecta.� '.4�afd��"� Applicant Name DCM WIILMINGTCN, NC TnIICL 1_o_2nkUTl1 Applicant Signature I �� 1 8 252-808-2808 :- 1-888.4RCOAST :: ww_ w.neeoastalmaent.neo. revised: 12126/06 )V% RECEIVED Loce4on&Ae allMaps-OrtnPondSpiitway PleasantOaksPlantation\ JAN 3 1 2017 'Boundaries are approximate and are not meant to be absolute. Map Source: USGS Carolina Beach Quad RAN am r Orton Plantation Spillway Brunswick County, NC November 2016 LMG # 02-10-110-13 LMG www.lmgrQuo.net 3805 Wrightsville Avenue Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 11 t 7 I Y I I) `1 � � I SCALE 1" = 2.000' Location RECAWPO DCM WILMINGTON, NC 1 T RECEIVED L:\CAMA\2010CAMAFILES\02-10-11 OR --- PleasantOaksPlantation\ JAN 3 12017 Location&Aeria I Maps-OrtonPondSpillway "Boundaries are approximate and are not meant to be 064� M H D CITY Map Source: 2016 NC One Map L�v� SCALE 1 = 2 000' Orton Plantation Spillway LMG t A!III MAN V.EMLY'f I�AUVV u Brunswick County, NC m °^ °"...°^... 2016 AelliplbEIVED www.lmgrour).net 17MWILMINGTON, N November 2016 3805 Wrightsville Avenue -MG # 02-10-110-R Wilmington, NC 28403 Ut!--: 2016 Phone: 910.452.0001 Fax: 910.452.0060 Kil" 1160. Coastal Management ENVIRONMENTAL QUALITY January 24, 2017 Mr. Steve Morrison Land Management Group 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Dear Mr. Morrison: ROY COOPER G...... r MICHAEL S. REGAN 4 en9rr BRAXTON DAVIS Uircaw. The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Orton Plantation Holdings, LLC, for State approval for development of the subject property (Parcel ID 14400001192) located off of Plantation Road SE, Brunswick County. It was received as complete on January 17, 2017 and appears to be adequate for processing at this time. The projected deadline for making a decision April 2 2017. 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 January 17, 2017, 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. Sincerely, Tara MacPherson Field Specialist cc: Heather Coats, DCM Tyler Crumbley, COE Doug Huggett, MHC Peter Talty, Applicant Connie Marlowe, LPO RECEIVED JAN 31 2017 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat, Wilmington, NC 29405 910-796-7215 CAMA PERMIT APPLIED PROJECT: To extend two existin place %„* the base of the 0 off oiE Rive a W W U W X FOR bulkheads, and to y, COMMENTS ACCEPTED THROUGHFebruary 27y 2017 APPLICANT: Peter Talty 37t' Floor, 11 Times Square New York, NY 10036 _Auent: Steve Morrison (910) 452-0001 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Extension Wilmington, NC 28405 Tara MacPherson, Field Specialist 910-796-7425 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Aficwr Name of,;repettt6wner Requesting Permit: 09 PA02F?VJ%1H0 ,rib - 44e— Mailing Address: 1744 Amk I et /l)ysuaemxAimsat ew( Ah yvgK t Aly /o0,20 Phone Number: ` 4- M" — 0 C o 2-- Email Address: idAR ln"ft+;firYQ BUC- cam certify that I have authorized 4*L4�1?4NAsFmr,✓r�oKovf'r c S7yl- r�lotr(c, loaf Agent / Conlfactdr to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: TyWHZA2) AM, �kfPc�rrsrT 1-)yyA1a neL4rt sF (n2mfj Amb 56 a-ovAy atW property located at Oi!` *A) poo,✓a s-0 WS*5 10AArrrnft6eSAa , in I?Xyolt"icK County, I 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. Owner Information: Si nature_ lnl -T- I A-1RECEIVED V1 Print pe Nam i JAN 3 l 2017 Title DCM- MHD CITY Date RECEIVED DCM WILMINGTON, NC This certification is valid through /L 1 31 1 /7 JAN o 4 gn17 Letter of Permission For Division of Coastal Management Major Permitting As a representative of Orton Camp, LLC I, 1 G.n rr` 1, �- _ do hereby give my permission to Orton Plantation Holdings, LLC to kpply for and to obtain necessary N.C. Division of Coastal Management Major Permitting authorizing the extension of the two bulkheads immediately downstream of the Orton Pond spillway located near Plantation Road in Brunswick County, N.C. — N- �- - Signature 12o1-9 Colav%6,x C;rA,- W,1 r,,, . ti N c 03 �llo-(oI�-7a�o Address Date RECEIVED JAN 31 2017 DCM- MHD CITY DCM WCED IEM NGTON, NC DEC 19 2016 ■ Complete Items 1, 2, and 3. ■ Pont your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: CO 1. CN i i S I�stit 61 G *M 11a1+S prr�tAD) �►'i ��1_ &X- o Sonny �1�� Rind 07 IIIIIIIII IIII I'III III I IIIII II II II IIIIIIII HE 9590 M3 0311 5155 3742 28 2. Artice Number (0arwler fMm W"ke Fab 7005 2570 0000 5703 950.5 77 ■ Complete Items 1, 2, and 3. ■ 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 mallplece, or on the front If space permits. 1. Ankle Addressed to: Mi1,41diel 3 �S�(f q0 'Flit -kw R. i7,vti7s �tl► i� k-hSN� c gca.�.Gt,tilG a P4'd9 IIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 9590 9403 0311 5155 3726 44 2. Amide Number (0ansrer INyn service laoe5 7005 2570 0000 5703 9529 PS Form 3511, April 2015 PSN 7UHU-00041053 D. Is 9 Item 1? Am. 3. Service Type ❑ Prlorry Mall Ezpreas® ❑ Adult Signature ❑ Registered Mall- ❑ ❑A uIt Signature Restdged Delivery D Raapplatered Mall Restrict® UelNa I .uMfled Mall® ❑ Cartifled Mall Rautdc ad Deflvary y D Return aeel Ipt far Elcollect on Delivery �henld ❑ Collect on Delivery ReaVload DelNery D Signature ConflrrratlonTM rI haumd Mail ❑ Sigrni re confirmed.. 1 ineg,ed Mall Reeldcted Deflvary Restricted Delivery Domestic Return Receipt A. Sigirlillum X V ❑Agent ❑ Addre fad Mining? OV of Del 7e � cz D. Is delivery address different from Item 1? 0 Yes If YES, enter delivery address below: ❑ No Service Type ❑ Prloley Men Ex raaea Adds Signature ❑ Registered Meltm A ull Signature Realrioted Delivery CI Registered Mall neeekte Illed Mall® DO very Cemfled Mall Restricted Delivery ❑ Roturn Aecelpt for Collect on Delivery Merche�biee collect on Delivery Restricted Delivery ❑ Signature Conflrmatlanoa Insured Mall 0 Sipnature Confirmation areurad Mail ReeMcted Delivery Iw Mno, Restricted DelNary Domestic Return Receipt RECEIVED JAN 31 2017 DCM- MHD CITY .:�tCEiVED DCM WILMINGTON, NC JAN 0 4 2017 ■ Complete items 1, 2, and 3. A. �gnature ■ Print your name and address on the reverse ❑ A ent so that we can return the card to you. X' _ �reseoe ■ Attach this card to the back of the mallplece, B. Received led Name) C. Date of Delivery or on the front if space porn life. P A C 1. Article Addressed to: D. a at addease r r n Q I , enter delivery e11111 ❑ -TH Ian Ncwl- 5;ZLf 64k1jill t31td• �,: C0.)•�C '( d4jM1 KLaQl{27") 6Z48ti 6r69t 3. Service lyPe ❑ Pnortty Mail Rxgvaae® signat . El IIIIIIIIIIIIIIIIII111111111111111111111INIIII restricted Delivery ❑it oa�eredMRegfistaned �Restrlcted 9590 9403 0311 5155 3726 51 GYCertmecMea® LJ Certified Mail Restricted Delivery ❑ M�h�Raa�eipt for -___ e M -"" `i _f - 2. Ankle Numtar (/lafsfer Irwn service leoeq ❑ Collect on Delivery ❑ Collect on Dellvery Poetriced Delivery D Signature ConMrmatlanTM ❑ Slgnature Conflrmatlon 7005 2570 0000 5703 9512 insured Mall Unwed Mall Restricted Dellvery Restricted 0911very -. (ever, E500) _.-- PS Form 3811, April a30-02.000 9m 2015 PSN 7 Domeatic Return Receipt RECEIVED JAN 31 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC JAN 0 5 2017 LMG LAND MANAGEMENT GROUP iNc. Environmental Consultants 11/15/16 Col. Chris Hart 596a' Transportation Brigade 6280 Sunny Point Road S.E. Southport, N.C. 28461 Re: Adjacent riparian landowner notification, Orton Pond spillway bulkhead extensions, riprap placement, Orton Plantation Holdings, LLC, Brunswick County Dear Col. Hart, As required by the NC Division of Coastal Management (DCM), as an adjacent riparian landowner, you are being notified of Orton Plantation Holdings, LLC's application for a CAMA Major Permit to authorize bulkhead extensions and the placement of riprap below the Orton Pond spillway off Plantation Road in Brunswick County. We have enclosed a copy of those application materials. You will have 30 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 the proposed project. Sincerely, Steve Morrison Environmental Consultant Encl: CAMA Major Permit application materials Cc: Orton Plantation Holdings, LLC. RECEIVED JAN 31 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC DEC 19 2016 www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0'060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 tLMG LAND MANAGEMENT GROUP mc. Environmental Consultants 11/15/16 Jim Tyler NCDOT 5504 Barbados Blvd. Castle Hayne, N.C. 28429 Re: Adjacent riparian landowner notification, Orton Pond spillway bulkhead extensions, riprap placement, Orton Plantation Holdings, LLC, Brunswick County Dear Mr. Tyler, As required by the NC Division of Coastal Management (DCM), as an adjacent riparian landowner, you are being notified of Orton Plantation Holdings, LLC's application for a CAMA Major Permit to authorize bulkhead extensions and the placement of riprap below the Orton Pond spillway off Plantation Road in Brunswick County. We have enclosed a copy of those application materials. You will have 30 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 the proposed project. Sincerely, Steve Morrison Environmental Consultant Encl: CAMA Major Permit application materials Cc: Orton Plantation Holdings, LLC. RECEIVED JAN 31 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC DEC 19 2016 www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 LMG LAND MANAGEMENT GROUP nw- Environmental Consultants 11/15/16 Michael B. Davis etals c/o Peter R. Davis 2 E. Raleigh Street Wrightsville Beach, N.C. 28480 Re: Adjacent riparian landowner notification, Orton Pond spillway bulkhead extensions, riprap placement, Orton Plantation Holdings, LLC, Brunswick County Dear Peter, As required by the NC Division of Coastal Management (DCM), as an adjacent riparian landowner, you are being notified of Orton Plantation Holdings, LLC's application for a CAMA Major Permit to authorize bulkhead extensions and the placement of riprap below the Orton Pond spillway off Plantation Road in Brunswick County. We have enclosed a copy of those application materials. You will have 30 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 the proposed project. Sincerely, Steve Morrison Environmental Consultant Encl: CAMA Major Permit application materials Cc: Orton Plantation Holdings, LLC. RECEIVED JAN 31 2017 DCM- MHD.CITY RECEIVED DCM WMANGTON,NO DEC 19 20% www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NO 28403 • P.O. Box 2522, Wilmington, NO 28402 u�h��h����till����IIIIIII11111III pj1tP0151 mmo=s9mae PREPARER HAS NOT SEARCHED AND DOES NOT CERTIFY TITLE TO THE PROPERTY DESCRIBED HEREIN Prepared by and return to: McGuireWoods LLP 300 North Third Street, Suite 400 Wilmington, North Carolina 28401 Revenue Stamps: None Ret R..v._>� Int (•`, $ _�3,____ Ck aZ�Cash $ fwiund: Ca';:�i_ Finance C ?9ypns c' ^Y.albal ere PIE$ G.; ]:e is pMbCn c'o arJ Tax Parcel Numbers: Part of Parcel Number 1440000106 STATE OF NORTH CAROLINA GENERAL WARRANTY DEED COUNTY OF BRUNSWICK THIS GENERAL WARRANTY DEED (this "Deed"), dated as of November 10, 2010, is made by ORTON LONGLEAF, LLC, a North Carolina limited liability company (the "Grantoel, to ORTON CAMP, LLC, a North Carolina limited liability company (the "Grantee"), whose address is 1308 Live Oak Parkway, Wilmington, NC 28403. WITNESSETH: 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, North Carolina; and more particularly described on Exhibit A attached hereto. 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 2679, Page 0001, Brunswick County Registry, and Amended and Restated Conservation Easement by and between Orton Longleaf, RECEIVED LLC and the North Carolina Coastal Land Trust recorded in Book 3000 at Page 1259 of the JAN 31 2017 ------D�AA-RdHD CITY RE,--.: VEC) DCM WILMINGTON, NC JAN 2 7 2917 IaIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1I 13tt Palam7 sf 9-55'505 runsw,ck County, NC Rsplstsr of Os." pays 2 o 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 thirty-nine (39) 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 twelve (12) 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 one hundred twenty-eight (128) acres of wildlife food plots on the aforesaid property pursuant to Article 11, Subsection C.5. and Article 11, 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, maintain and utilize three (3) single family residences pursuant to Article 11, Subsection J.5. of the Conservation Easement. Provided that the Grantor reserves unto itself and its successors and assigns any and all rights and interests under the Conservation Easement 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: I. The right to expand the agricultural uses of the aforesaid property by forty-five (45) 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 thirteen (13) 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 one hundred fifty (150) 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. 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 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 following exceptions: 2010 and subsequent years' ad valorem taxes; 2. Valid and enforceable easements, restrictions and rights of way of record; ant(_ E C E I V E D JAN 31 2017 DCM-._MHD CITY ak—.'-__ I—D DUO WILMINGTON, NC JAN 2 7 2017 „ is am�e Brunswick '0isnty , Nc Itegister of 83104dP01593f 3. Applicable zoning and land use ordinances, statutes and regulations. IN WITNESS WHEREOF, the Grantor has duly executed this Deed, all as of the day and year first above written. GRANTOR: ORTON LONGLEAF, LLC L4 i9�M//Uaj171 David H. Sprunt, :jEC jVEID DGM WILMINGTON, NG JAN272017 STATE OF NORTH CAROLINA COUNTY OF 9,;j 4 "IN_ s se00 I wP.flty S n blI , 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 (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 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 Ie{h day of November, mo. () )4 S, Notary Public u YJo I� (type or print name) My commission expires: 1a-1(o-ll (NOTARIAL SEAL) RECEIVED JAN 312017 DID".FID CITY ,IEG.._ iVED DCM WILMINGTON, NC JAN 2 7 2917 8,,�%.J.k C.�tY, � .9isteP0161Ts;f9 � Pitt Exhibit A FIRST TRACT: Beginning at a "new iron pipe" in the westerly right-of-way line of Plantation Road SE (100-foot wide public right-of-way), also known as SR1529 with its intersection with a northerly line of a tract deeded to the United States of America by deed recorded in book 189 at page 513 of the Brunswick County Registry. Said intersection point being located South 22 degrees, 37 minutes, 00 seconds East, 22.44 feet and South 23 degrees, 35 minutes, 49 seconds East, 59837 feet from an old concrete right-of-way monument approximately opposite the intersection of said Plantation Road SE and St. Phillips Road SE (I00-foot wide public right of way), also known as SR1533. Running thence from said beginning pipe: 1. South 49 degrees, 02 minutes, 15 seconds West, 2,067.61 feet along said USA line to a point; THENCE 2. Continuing along said USA line South 38 degrees, 06 minutes, 26 seconds West, 1,482.15 feet to a point; THENCE 3. North 59 degrees, 40 minutes, 05 seconds West, 4,852.45 feet along another line of USA to a point; THENCE 4. Continuing along a line of said USA tract North, 80 degrees, 37 minutes, 31 seconds West, 629.44 feet, crossing a tributary of Orton Pond to a point; THENCE 5 Continuing along another USA line South 87 degrees, 50 minutes, 54 seconds West, 349.85 feet to a point; THENCE 6. Leaving said USA tract line North 03 degrees, 07 minutes, 13 seconds West, 75 1. 10 feet to a point in the approximate center of Orton Pond; THENCE 7. Down and with the center of Orton Pond North 86 degrees, 52 minutes, 47 seconds East, 493.95 feet, continuing along the center of said Orton Pond, the following courses and distances: North 65 degrees 35 minutes 25 seconds East 985.45 feet North 55 degrees 28 minutes 55 seconds East 850.52 feet North 40 degrees 51 minutes 17 seconds East 511.22 feet North 18 degrees 17 minutes 20 seconds East 401.91 feet North 48 degrees 03 minutes 53 seconds East 576.68 feet North 65 degrees 17 minutes 20 seconds East 514.99 feet North 33 degrees 51 minutes 59 seconds East 724.44 feet North 32 degrees 46 minutes 03 seconds East 626.05 feet North 54 degrees 27 minutes 16 seconds East 725.12 feet; —THENCE - RECEIVED ^ _ JAN 31 2017 DCM- MHD CITY '-SEC- .,VED DCM WILMINGTON, NC JAN 2 ^ 1-917 IIII IIIII III I IIII IIII IIIIII IIII II I III @3104 P0162 201 a 8runwiek county, Nc I.ter of OHM p+e� fi of 9 8. Leaving the centerline of said Orton Pond North 42 degrees, 42 minutes, 32 seconds East, 1,937.43 feet to a point on the westerly right-of-way line of said Plantation Road SE. Said point being approximately on the centerline of a No Name Creek flowing under said Plantation Road SE to the Cape Fear River. Last said point being on a curve having a radius 490.00 feet; THENCE 9. With the arc of last said curve and with the westerly right-of-way line of said Plantation Road SE, as it curves to the West, to a point at the southerly end of said curve that is South 02 degrees, 08 minutes, 03 seconds West, a chord distance of 20.16 feet from the preceding point; THENCE 10. South 03 degrees, 18 minutes, 47 seconds West, 273.71 feet along last said westerly right-of-way line to a point at the northerly end of a curve having a radius of 561.79 feet; T14ENCE 11. With the arc of last said curve and with the westerly right-of-way line of said Plantation Road SE as it curves to the east, to a point at the southerly end of said curve that is South 17 degrees, 44 minutes, 11 seconds East, a chord distance of 475.39 feet to a point at the southerly end of last said curve; THENCE 12. South 38 degrees, 47 minutes, 09 seconds East, 440.53 feet from said westerly right- of-way line to a point of at the northerly end of a curve having a radius of 767.00 feet; THENCE 13. With the arc of last said curve and with said westerly right -of way -line, as it curves to the west to a point at the southerly end of last said curve that is South 19 degrees, 30 minutes, 02 seconds East, a chord distance of 506.64 feet from the preceding point; THENCE 14. South 00 degrees, 12 minutes, 54 seconds East, 217.99 feet along said westerly right- of-way line to a point; THENCE 15. South 06 degrees, 39 minutes, 36 seconds West, 266.73 feet along said westerly right-of-way line to a point; THENCE 16. South 17 degrees, 43 minutes, 19 seconds West, 206.92 feet to a point at the northerly end of a curve having a radius of 659.00 feet; THENCE 17. With the arc of last said curve and with said westerly right-of-way line, as it curves to the east to a point at the southerly end of said curve that is South 04 degrees, 36 minutes, 53 seconds West, a chord distance of 298.89 feet from the preceding point; THENCE RECEIVED JAR-3-1 2017 DCM- MHD CITY r IREC . � JED DCM WILMINGTON, NC JAN272917 arunsulck county, 0 18. South 08 degrees, 29 minutes, 33 seconds East, 1,052.25 feet along said westerly right- of-way line to a point at the northerly end of a curve having a radius of 1802.42 feet; THENCE 19. With the arc of last said curve and with said westerly right-of-way line, as it curves to the east to a point at the southerly end of said curve that is South 15 degrees, 33 minutes, 11 seconds East, a chord distance of 443.10 feet from the preceding point; THENCE 20. South 22 degrees, 37 minutes, 00 seconds East, 1,565.01 feet along said westerly right-of-way line to a concrete right-of-way monument approximately opposite the intersection with St. Phillips Road SE; THENCE 21. South 22 degrees, 37 minutes, 00 seconds East, 22.44 feet to a point; THENCE 22. South 23 degrees, 35 minutes, 49 seconds East, 598.37 feet along last said westerly right-of-way line to the point and place of beginning. The same being all of Tract 3, containing 694.09 acres, more or less, shown on a map entitled "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 4 of 9. All bearings are NC Grid NAD83 All distances are horizontal. SECOND TRACT: Beginning at a concrete right-of-way monument on the easterly right-of-way line of NC Highway 133 (100-foot public right-of-way) in Brunswick County, NC. Said right-of-way monument being at the western terminus of a site line connecting said easterly right-of-way line with the southerly right-of-way line of Orton Road SE (I00-footpublic right-of-way), also known as SR1530. Running thence from said beginning monument: North, 88 degrees, 44 minutes, 53 seconds East, 287.10 feet along said connector line to a concrete right-of-way monument; THENCE 2. South 61 degrees, 32 minutes, 18 seconds East, 1,074.47 feet along the southerly right-of-way line of said Orton Road SE to another concrete right-of-way monument; THENCE South 44 degrees, 47 minutes, 41 seconds East, 106.54 feet along said southerly right-of-way line to a concrete right-of-way monument in the westerly right-of-way line of Plantation Road SE (100-foot wide public right-of-way), also known as SR 1529; THENCE RECEIVED ------- jAw- j"17 DCM- MHD CITY CAE:. +VED DCM WILMINGTON, NC JAN 2 7 2917 11-12-2010 Brunawck County, NC Ragazlar of Oaada eaaa a of 9 4. South 28 degrees, 07 minutes, 21 seconds West, 845.53 feet along the westerly right-of-way line of said Plantation Road SE to a point at the beginning of a curve having a radius of 1,000.00 feet; THENCE 5. Along the arc of said curve as it curves to the east and along the westerly right-of-way line of said Plantation Road SE to a point at the southerly end of said curve that is South 04 degrees, 43 minutes, 14 seconds East, a chord distance of 1,084.68 feet from the preceding point; THENCE 6. South 37 degrees, 33 minutes 50 seconds East, 296.52 feet along a westerly line of said Plantation Road SE to a point at the beginning of a curve having a radius of 490.00 feet; THENCE 7. Along the arc of last said curve as it curves to the west and along said right-of-way line of Plantation Road SE to a point that is South 18 degrees, 18 minutes, 15 seconds East, a chord distance of 323.25 feet from the preceding point. Said point being South 88 degrees, 53 minutes, 47 seconds West, 50.04 feet from a railroad spike on the center -line of said Plantation Road SE and directly over a culvert carrying the discharge waters of Orton Pond; THENCE 8. South 42 degrees, 42 minutes, 32 seconds West, 1,937.43 feet, entering Orton Pond to a point on the centerline of Orton Pond; THENCE 9. Along said Orton Pond centerline the following four courses: South 54 degrees 27 minutes 16 seconds West 725.12 feet South 32 degrees 46 minutes 03 seconds West 626.05 feet South 33 degrees 51 minutes 59 seconds West 724.44 feet —and— South 65 degrees 17 minutes 20 seconds West 514.99 feet to a point; THENCE 10. Leaving the center -line of (Mon Pond, North 38 degrees, 53 minutes, 46 seconds West, 633.89 feet to a point entering a tributary of Orton Pond, known as "Camp Cove'; THENCE 1 North 42 degrees, 43 minutes, 53 seconds West, 341.65 feet along the center -line of said tributary to a point-, THENCE 12. North 06 degrees, 57 minutes, 48 seconds East, 345.27 feet along last said center- line to a point; THENCE 13. North 37 degrees, 57 minutes, 41 seconds West, 716.69 feet to a point in "Big Bay Drain'; THENCE 14. Up and with the run of"Big Bay Drain"; RECEIVED DCM- MHD CITY REC1VED DCM WILMINGTON, NC JAN 2 7 2917 iiiii�iii J3104 P01Cl... 9'�m North 59 degrees 15 minutes 38 seconds West 557.08 feet North 50 degrees 30 minutes 49 seconds West 97.20 feet North 62 degrees 46 minutes 56 seconds West 66.70 feet North 77 degrees 51 minutes 16 seconds West 160.65 feet North 75 degrees 54 minutes 56 seconds West 135.13 feet North 52 degrees 02 minutes 29 seconds West 145.73 feet North 18 degrees 28 minutes 10 seconds West 17.70 feet North 23 degrees 54 minutes 31 seconds West 475.86 feet North 21 degrees 37 minutes 33 seconds West 399.90 feet North 00 degrees 39 minutes 36 seconds West 230.93 feet North 33 degrees 24 minutes 22 seconds West 106.24 feet North 24 degrees 19 minutes 52 seconds West 105.39 feet North 32 degrees 27 minutes 42 seconds West 165.75 feet to a point on the easterly right-of-way line of said NC Highway 133; THENCE 15. North 64 degrees, 37 minutes, 25 seconds East, 131.42 feet to a point at the westerly end of a curve having a radius of 11,510.00 feet; THENCE 16. Along the arc of last said curve as it curves to the west and along the easterly right-of-way line of said NC Highway 133 to a point at the easterly end of said curve that is North 61 degrees, 49 minutes, 21 seconds East, a chord distance of 1,125.04 feet from the preceding point, passing through a concrete right-of-way monument which is North 62 degrees 10 minutes 34 seconds East, a chord distance 982.93 feet from said point at the westerly end of said curve; THENCE 17. North 59 degrees, 01 minute, 16 seconds East, 1,255.47 feet, along said easterly right-of-way line, to a concrete right-of-way monument; THENCE 18. Continuing North 59 degrees 01 minute, 16 seconds East, 2,603.72 feet, along said easterly right-of-way line to the monument and place of beginning. The same being Tract 5 containing 438.88 acres, more or less, as shown on a map "Division of Property for Orton Longleaf, LLC" prepared by Sherwin D. Cribb, NC Professional Land Surveyor, L-1099 dated February 10, 2009, revised July 2, 2009, Sheet 5 of 9. Subject, however, to a conservation easement described in a deed recorded in book 3000 at page 1259 and shown on a map recorded in map book 23 at pages 396 through 402. All bearings are based on NC Grip NAD83 and all distances are horizontal. RECEIVED JAN 3 1 2017 DCM- MHO, C TY MacPherson, Tara From: Laura Stasavich <Itasavich@lmgroup.net> Sent: Tuesday, January 17, 2017 11:25 AM To: MacPherson, Tara; Wilson, Debra Cc: Steve Morrison Subject: Orton Pond Spillway CAMA Major- Orton Plantation Holdings, LLC Attachments: C1_C2_Revised_011217.pdf Tara, Please find attached revised sheets C1 and C2 for the above -referenced Major Permit application. The revised figures show the normal water level (NWL) and the relative location of proposed rip rap and bulkhead. For the bulkhead extensions, we describe a maximum of 8' waterward of the NWL and an average of 2' waterward of the NWL. For the rip rap, the top of the fill will extend up to 20' waterward of the NWL with a residual slope extending an additional 2' to 5' waterward of the NWL. We can also confirm that there are no wetlands within the project area due to preceding, excessive erosion at the spillway. Please let us know if you need anything else. Thank you, Laura Laura Stasavich Direct: 452-0001 x 1906 1 Fax: 910.452.0060 1 Mobile: 910.471.0510 Email: IstasavichO)Imeroup.net I Website: www.lmgroup.net Land Management Group, Inc I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403 Simpson, Shaun From: Laura Stasavich <Istasavich@lmgroup.net> Sent: Wednesday, January 04, 2017 8:54 AM To: MacPherson, Tara; Steve Morrison Cc: Simpson, Shaun; Wilson, Debra Subject: Orton Pond Spillway Improvements project, Orton Plantation Holdings, LLC Attachments: Certified_Mail_Receipts.pdf; Agent Authorization.pdf Hi Tara, I am providing requested additional information for the Orton Pond Spillway Improvements project, Orton Plantation Holdings, LLC. 1. The agent authorization form is attached. 2. Proposed work would be located within Brunswick Parcel 1440000119. 3. Atypical cross section of the bulkhead and rip rap is provided on Sheet C1. Please let me know if you need something in addition to these details. I have also attached copies of two certified mail receipts from adjacent landowner notifications. Please let me know if you need anything else. Thank you, Laura Laura Stasavich Direct: 452-0001 x 1906 1 Fax: 910.452.0060 1 Mobile: 910.471.0510 Email: Istasavich@lmaroup.net I Website: www.lmgroup.net Land Management Group, Inc I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 [ Wilmington, N.C. 28403 From: MacPherson, Tara [mailto:tara.macpherson@ncdenr.gov] Sent: Thursday, December 29, 2016 8:33 AM To: Laura Stasavich; Steve Morrison Cc: Simpson, Shaun; Wilson, Debra Subject: Orton Plantation Holdings Major Permit Apps. Good Morning, I reviewed these applications and there are a few things we still need. For the bridge replacement project please provide a Parcel No. and an approximate length of shoreline in acres or feet. Forthe bulkhead extension/rip rap project please provide an agent form, a cross-section drawing including the proposed rip rap and a Parcel No. so we can identify the site location. 4, MEMORANDUM To: Heather Coats From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, — Orton Plantation Holdings, LLC, Brunswick County Date: January 24, 2017 )iect is consistent with the 2007 Brunswick Countv Land Use Plan The applicant is proposing to extend two existing bulkheads and place rip rap at the base of the Orton Pond Spillway. The project is located adjacent to Orton Pond off Plantation Road SE in Winnabow, Brunswick County. Areas of Environmental Concern (AFC's) impacted by the proposal are Estuarine Waters, Estuarine Shoreline and Public Trust areas. 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 Nursery Area. I have reviewed this proposal for consistency with the 2007 Brunswick County Land Use Plan and offer the following comments. The general area of the project is classified as Residential/Conservation. In general, Brunswick County allows development in residential/conservation classified AECs which is consistent with the State's minimum use standards. The Brunswick County Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project is consistent with the Brunswick County Land Use Plan. Cc: File RECEIVED MAR 2 8 2017 DCM_ MHD CITY Coastal Management ENVIRONMENTAL QUALITY January 24, 2017 _ Rc v5 I"` Hof! 08 �- ROY COOPER Govemor RECEIVEDINCDENRIDWR Wlt I IAM G. RosS, 7R In(eran Secretary BRAXTON DAVIS JAN 2 4 2017 Director Water Quality Regional Operations (oval Office Wilmington Reg TO: U ' Chad Coburn 401 Wetlands f DWR-WiRO FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenr.aov Fax: 350-2018 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Orton Plantation Holdings, LLC Project Location: off of Plantation Rd SE, adjacent to the Cape Fear River in Winnabow, Brunswick County Proposed Project: to extend two existing bulkhead and to place rip rap at the base of the Orton Pond Spillway Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 17, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. GU/r GIJIO�/ct /lu i 2 1/r .3 2c REPLY: This agency h s no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. i7 Cc L 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. SIGNED DATED RECEIVED MAR 2 8 2017 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 D C M - PIND D CITY 9104967215 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 March 16, 2017 Regulatory Division Action ID No. SAW-2011-00624 and State Permit No. 83-12 Land Management Group, Inc. Attn: Mr. Steve Morrison, Environmental Consultant 3805 Wrightsville Avenue, Suite 15 Wilmington, North Carolina 28403 Dear Mr. Morrison: Through coordination with the North Carolina Division of Coastal Management, and on behalf of Orton Plantation Holdings, LLC, we have learned of your request to modify the work associated with your Department of the Army (DA) permit. Your modification proposal is to extend two existing bulkheads, and to place rip rap at the base of the Orton Pond Spillway, off Plantation Road, S.E., adjacent to the Cape Fear River, in Winnabow, Brunswick County, North Carolina. Your proposal continues to be consistent with the provisions and objectives of general permit No. 198000291 (copy enclosed). The permit is hereby modified. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2021. If you have any questions or comments you may reach me at telephone (910) 251-4170, or email: tvler.crumbley@usace.army.mil. Sincere , Tyler Crumbley Regulatory Project Manager Wilmington Regulatory Field Office Enclosure: RECEIVED GP291 Conditions MAR 2 8 2017 DCM- MFID CITY REC'-iVED DCM WILMINGTON, NC MAR 202017 -2- Copies Furnished (without enclosure): Ms. Tara MacPherson Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Robb Mairs Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Ms. Heather Coats Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Coats, Heather From: Steve Morrison <smorrison@lmgroup.net> Sent: Wednesday, March 22, 2017 10:19 AM To: Coats, Heather Cc: Laura Stasavich; MacPherson, Tara; Wilson, Debra Subject: RE: Orton Camp, LLC deed Attachments: 20170322092402. pdf Heather, I have attached a copy of the GP reissue. FYI. Please add OPH as -co -applicant for the major. Also, let me know if you need anything else. Thanks. Steve Morrison I Environmental Consultant Direct: 452-0001 x 1903 1 Fax: 910.452.0060 1 Mobile: 910.471.0502 Email: smorrison &Imarouo.net I Website. www.imciroup.net Land Management Group, Inc I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403 LMG LAND MANAGEMENT GROUPINC. Environmental Consultants From: Coats, Heather [maiIto: heather.coats@ncdenr.gov] Sent: Wednesday, March 22, 2017 9:16 AM To: Steve Morrison Cc: Laura Stasavich; MacPherson, Tara; Wilson, Debra Subject: RE: Orton Camp, LLC deed RECEIVED MAR 2 S 2017 DCM- MHD CITY Thanks for that, Steve. I talked to Doug about this yesterday and he confirmed that we need to issue the permit in Orton Camp's name (since they are the property owner), but that we can add Orton Plantation Holdings, LLC as a joint permittee if they are ultimately going to be responsible for the work. I looked up the original GP that Holley issued, and it was issued under Orton Camp's name. I haven't been able to track down the reissue, it's possible that it was issued to OPH, LLC, but if so, that would have been done in error. Please let me know if you have any questions or if I can help with anything else. Thanks again, Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather. coats(cDncdenr. al 127 Cardinal Drive Extension Wilmington, NC 28405 "Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Steve Morrison [mailto:smorrison@Imaroup.net] Sent: Tuesday, March 21, 2017 3:39 PM To: Coats, Heather <heather.coats@ncdenr.gov> Cc: Laura Stasavich <Itasavich@lmaroup.net> Subject: Orton Camp, LLC deed Heather, I have attached the deed for the Orton Camp, LLC property on which the Orton Pond spillway is located. I have also included a copy of the letter of permission from Orton Camp LLC for Orton Plantation Holdings LLC to apply for and obtain DCM major permitting for the spillway work. Please let me know if this is sufficient. Thanks. Steve Morrison ! Environmental Consultant Direct 452-0001 x 1903 I Fax 910.452.0060 ; Mobile: 910 471 0502 Email smorrlson(o)lmgroup. net I Website. www. Imgroup. net Land Management Group, Inc Environmental Consultants 3805 Wrightsville Avenue I Suite 15 i Wilmington, N.C. 28403 RECEJvED MAR 2 8 2�11 DCM" ��VA C1TY ;kf/ 12-2010 H���E����1���1�����T1111411 B3104dP0751e,lns�59000 PREPARER HAS NOT SEARCHED AND DOES NOT CERTIFY TITLE TO THE PROPERTY DESCRIBED HEREIN Prepared by and return to: McGuireWoods LLP 300 North Third Street, Suite 400 Wilmington, North Carolina 28401 9r MC (SU .LA ( . Ret: � C';$.---CkuZ Kash$ kaiund: Ca::, 5 _ Finance r=oitons c`,x,, rent are ille; a; m condwn Rebeived Revenue Stamps: None RECEIVED MAR A 1 2017 Tax Parcel Numbers: Part of Parcel Number 1440000106 AR 8 MAR 2 g 2a17 DCM STATE OF NORTH CAROLINA r)C WE1YEkAL WARRANTY UN:F.11 COUNTY OF BRUNSWICK THIS GENERAL WARRANTY DEED (this "Deed"), dated as of November 10, 2010, is made by ORTON LONGLEAF, LLC, a North Carolina limited liability company (the "Grantor"), to ORTON CAMP, LLC, a North Carolina limited liability company (the "Grantee"), whose address is 1308 Live Oak Parkway, Wilmington, NC 28403. WITNESSETH: 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, North Carolina; and more particularly described on Exhibit A attached hereto. 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 1259 of the IIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIII �3104 P0158m e06-69�9a¢ Brunswick County, NC Register of Deeds page 2 of 9 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 thirty-nine (39) 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 twelve (12) 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 one hundred twenty-eight (128) acres of wildlife food plots on the aforesaid property pursuant to Article II, Subsection C.S. 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, maintain and utilize three (3) single family residences pursuant to Article II, Subsection J.S. of the Conservation Easement. Provided that the Grantor reserves unto itself and its successors and assigns any and all rights and interests under the Conservation Easement 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 forty-five (45) 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 thirteen (13) 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 one hundred fifty (150) acres of wildlife food plots on the aforesaid property pursuant to Article II, Subsection C.S. and Article II, Subsection G. 2. 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 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 0 persons whatsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. 2010 and subsequent years' ad valorem taxes; U cr 2. Valid and enforceable easements, restrictions and rights of way of record; an dLU Ix C IIiIIIs lily IIII ntY.IN Register Brenda M B324 PZ759 10o06 59, 000 pf Deeds page 3 of 9 3. Applicable zoning and land use ordinances, statutes and regulations. IN WITNESS WHEREOF, the Grantor has duly executed this Deed, all as of the day and year first above written. GRANTOR: ORTON LONGLEAF, LLC M L" By: d Y /I trl ' r David H. Sprunt, Manager IJ RECEIVED MAR 2 S 2017 DCM- MHD CITY STATE OF NORTH CAROLINA COUNTY OF II'�IIIIIIIIIII IIIIIIIIIIII I�III'Illl� 11-12-2010 21QV4? !� 10 06 59.000 of Ds�ds paO� I W ervty -S Mobley , 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 (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 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 to-Fn day of Nmwbei', 2010. My commission expires: ta-vlo-1i (NOTARIAL SEAL) Notary Publics X -may $� \\`,\'0 011S11N�oj/� (type or print name) _ t A 61 Y".lilt a 0 H w - v > o 0 w 0 W ZEE ` 0 a pC 0 0 11-12-2010 Brunswick�����������i����� B3�04r of dP076u �o{59000 Exhibit A FIRST TRACT: Beginning at a "new iron pipe" in the westerly right-of-way line of Plantation Road SE (100-foot wide public right-of-way), also known as SR1529 with its intersection with a northerly line of a tract deeded to the United States of America by deed recorded in book 189 at page 513 of the Brunswick County Registry. Said intersection point being located South 22 degrees, 37 minutes, 00 seconds East, 22.44 feet and South 23 degrees, 35 minutes, 49 seconds East, 598.37 feet from an old concrete right-of-way monument approximately opposite the intersection of said Plantation Road SE and St. Phillips Road SE (100-foot wide public right of way), also known as SR1533. Running thence from said beginning pipe: 1. South 49 degrees, 02 minutes, 15 seconds West, 2,067.61 feet along said USA line to a point; THENCE 2. Continuing along said USA line South 38 degrees, 06 minutes, 26 seconds West, 1,482.15 feet to a point; THENCE 3. North 59 degrees, 40 minutes, 05 seconds West, 4,852.45 feet along another line of USA to a point; THENCE 4. Continuing along a line of said USA tract North, 80 degrees, 37 minutes, 31 seconds West, 629.44 feet, crossing a tributary of Orton Pond to a point; THENCE 5 Continuing along another USA line South 87 degrees, 50 minutes, 54 seconds West, 349.85 feet to a point; THENCE 6. Leaving said USA tract line North 03 degrees, 07 minutes, 13 seconds West, 75 1. 10 feet to a point in the approximate center of Orton Pond; THENCE 7. Down and with the center of Orton Pond North 86 degrees, 52 minutes, 47 seconds East, 493.95 feet, continuing along the center of said Orton Pond, the following courses and distances: North 65 degrees 35 minutes 25 seconds East 985.45 feet North 55 degrees 28 minutes 55 seconds East 850.52 feet North 40 degrees 51 minutes 17 seconds East 511.22 feet RECEIVED North 18 degrees 17 minutes 20 seconds East 401.91 feet North 48 degrees 03 minutes 53 seconds East 576.68 feet MAR 2 8 2017 North 65 degrees 17 minutes 20 seconds East 514.99 feet North 33 degrees 51 minutes 59 seconds East 724.44 feet pCM- M,HD CITY North 32 degrees 46 minutes 03 seconds East 626.05 feet North 54 degrees 27 minutes 16 seconds East 725.12 feet; —THENCE— IIIIIIIIIIIII IIIIIIIIIIIi,I lolllll111 laiO4 P01s2 ons 12-20113 909 Brunswick County, eglster of Deeds page 6 of 9 Leaving the centerline of said Orton Pond North 42 degrees, 42 minutes, 32 seconds East, 1,937.43 feet to a point on the westerly right-of-way line of said Plantation Road SE. Said point being approximately on the centerline of a No Name Creek flowing under said Plantation Road SE to the Cape Fear River. Last said point being on a curve having a radius 490.00 feet; THENCE 9. With the arc of last said curve and with the westerly right-of-way line of said Plantation Road SE, as it curves to the West, to a point at the southerly end of said curve that is South 02 degrees, 08 minutes, 03 seconds West, a chord distance of 20.16 feet from the preceding point; THENCE 10. South 03 degrees, 18 minutes, 47 seconds West, 273.71 feet along last said westerly right-of-way line to a point at the northerly end of a curve having a radius of 561.79 feet; THENCE 11. With the arc of last said curve and with the westerly right-of-way line of said Plantation Road SE as it curves to the east, to a point at the southerly end of said curve that is South 17 degrees, 44 minutes, 11 seconds East, a chord distance of 475.39 feet to a point at the southerly end of last said curve; THENCE 12. South 38 degrees, 47 minutes, 09 seconds East, 440.53 feet from said westerly right- of-way line to a point of at the northerly end of a curve having a radius of 767.00 feet; THENCE 13. With the arc of last said curve and with said westerly right -of way -line, as it curves to the west to a point at the southerly end of last said curve that is South 19 degrees, 30 minutes, 02 seconds East, a chord distance of 506.64 feet from the preceding point; THENCE 14. South 00 degrees, 12 minutes, 54 seconds East, 217.99 feet along said westerly right- of-way line to a point; THENCE 15. South 06 degrees, 39 minutes, 36 seconds West, 266.73 feet along said westerly right-of-way line to a point; THENCE 16. South 17 degrees, 43 minutes, 19 seconds West, 206.92 feet to a point at the northerly end of a curve having a radius of 659.00 feet; THENCE 17. With the arc of last said curve and with said westerly right-of-way line, as it curves to the east to a point at the southerly end of said curve that is South 04 degrees, 36 minutes, 53 seconds West, a chord distance of 298.89 feet from the preceding point; THENCE RECEIVED MAR 2 8 2017 DCM- MHD CITY 11-12 2M �r��*wick County. NC Register of B3104dP0163M.nSs page 7 of 59No 18. South 08 degrees, 29 minutes, 33 seconds East, 1,052.25 feet along said westerly right- of-way line to a point at the northerly end of a curve having a radius of 1802.42 feet; THENCE 19. With the arc of last said curve and with said westerly right-of-way line, as it curves to the east to a point at the southerly end of said curve that is South 15 degrees, 33 minutes, 11 seconds East, a chord distance of 443.10 feet from the preceding point; THENCE 20. South 22 degrees, 37 minutes, 00 seconds East, 1,565.01 feet along said westerly right-of-way line to a concrete right-of-way monument approximately opposite the intersection with St. Phillips Road SE; THENCE 21. South 22 degrees, 37 minutes, 00 seconds East, 22.44 feet to a point; THENCE 22. South 23 degrees, 35 minutes, 49 seconds East, 598.37 feet along last said westerly right-of-way line to the point and place of beginning. The same being ail of Tract 3, containing 694.09 acres, more or less, shown on a map entitled "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 4 of 9. All bearings are NC Grid NAD83 All distances are horizontal. SECOND TRACT: Beginning at a concrete right-of-way monument on the easterly right-of-way line of NC Highway 133 (100-foot public right-of-way) in Brunswick County, NC. Said right-of-way monument being at the western terminus of a site line connecting said easterly right-of-way line with the southerly right-of-way line of Orton Road SE (I00-footpublic right-of-way), also known asSR1530. Running thence from said beginning monument: North, 88 degrees, 44 minutes, 53 seconds East, 287.10 feet along said connector line to a concrete right-of-way monument; THENCE South 61 degrees, 32 minutes, 18 seconds East, 1,074.47 feet along the southerly right-of-way line of said Orton Road SE to another concrete right-of-way monument; THENCE South 44 degrees, 47 minutes, 41 seconds East, 106.54 feet along said southerly right-of-way line to a concrete right-of-way monument in the westerly right-of-way line of Plantation Road SE (I00-footwide public right-of-way), also known as SR 1529; THENCE RECEIVED 7 MAR 2 8 2017 DCM- h"HD CITY IIIIIIIIIIIIIIIIIJill IIIIII IIIIIIIIII B3104 P0764m o 6-59 000 Brunswick County, NC Register of Deeds page 8 of 9 4. South 28 degrees, 07 minutes, 21 seconds West, 845.53 feet along the westerly right-of-way line of said Plantation Road SE to a point at the beginning of a curve having a radius of 1,000.00 feet; THENCE 5. Along the arc of said curve as it curves to the east and along the westerly right-of-way line of said Plantation Road SE to a point at the southerly end of said curve that is South 04 degrees, 43 minutes, 14 seconds East, a chord distance of 1,084.68 feet from the preceding point; THENCE 6. South 37 degrees, 33 minutes 50 seconds East, 296.52 feet along a westerly line of said Plantation Road SE to a point at the beginning of a curve having a radius of 490.00 feet; THENCE Along the arc of last said curve as it curves to the west and along said right-of-way line of Plantation Road SE to a point that is South 18 degrees, 18 minutes, 15 seconds East, a chord distance of 323.25 feet from the preceding point. Said point being South 88 degrees, 53 minutes, 47 seconds West, 50.04 feet from a railroad spike on the center -line of said Plantation Road SE and directly over a culvert carrying the discharge waters of Orton Pond; THENCE 8. South 42 degrees, 42 minutes, 32 seconds West, 1,937.43 feet, entering Orton Pond to a point on the centerline of Orton Pond; THENCE 9. Along said Orton Pond centerline the following four courses: South 54 degrees 27 minutes 16 seconds West 725.12 feet South 32 degrees 46 minutes 03 seconds West 626.05 feet South 33 degrees 51 minutes 59 seconds West 724.44 feet —and— South 65 degrees 17 minutes 20 seconds West 514.99 feet to a point; THENCE 10. Leaving the center -line of Orton Pond, North 38 degrees, 53 minutes, 46 seconds West, 633.89 feet to a point entering a tributary of Orton Pond, known as "Camp Cove"; THENCE 11 North 42 degrees, 43 minutes, 53 seconds West, 341.65 feet along the center -line of said tributary to a point; THENCE 12. North 06 degrees, 57 minutes, 48 seconds East, 345.27 feet along last said center- line to a point; THENCE 13. North 37 degrees, 57 minutes, 41 seconds West, 716.69 feet to a point in `BiFECENED Bay Drain'; THENCE MAR 2 8 2017 14. Up and with the run of "Big Bay Drain"; f3 DCM- MHD CITY IIIIIIIII III IIIII IIII IIIIII IIIIIII III a3ia4 P0is5 m o0 0 Brunswick County. NC Register of Deeds page 9 of 9 North 59 degrees 15 minutes 38 seconds West 557.08 feet North 50 degrees 30 minutes 49 seconds West 97.20 feet North 62 degrees 46 minutes 56 seconds West 66.70 feet North 77 degrees 51 minutes 16 seconds West 160.65 feet North 75 degrees 54 minutes 56 seconds West 135.13 feet North 52 degrees 02 minutes 29 seconds West 145.73 feet North 18 degrees 28 minutes 10 seconds West 17.70 feet North 23 degrees 54 minutes 31 seconds West 475.86 feet North 21 degrees 37 minutes 33 seconds West 399.90 feet North 00 degrees 39 minutes 36 seconds West 230.93 feet North 33 degrees 24 minutes 22 seconds West 106.24 feet North 24 degrees 19 minutes 52 seconds West 105.39 feet North 32 degrees 27 minutes 42 seconds West 165.75 feet to a point on the easterly right-of-way line of said NC Highway 133; THENCE 15. North 64 degrees, 37 minutes, 25 seconds East, 131.42 feet to a point at the westerly end of a curve having a radius of 11,510.00 feet; THENCE 16. Along the arc of last said curve as it curves to the west and along the easterly right-of-way line of said NC Highway 133 to a point at the easterly end of said curve that is North 61 degrees, 49 minutes, 21 seconds East, a chord distance of 1,125.04 feet from the preceding point, passing through a concrete right-of-way monument which is North 62 degrees 10 minutes 34 seconds East, a chord distance 982.93 feet from said point at the westerly end of said curve; THENCE 17. North 59 degrees, 01 minute, 16 seconds East, 1,255.47 feet, along said easterly right-of-way line, to a concrete right-of-way monument; THENCE 18. Continuing North 59 degrees 01 minute, 16 seconds East, 2,603.72 feet, along said easterly right-of-way line to the monument and place of beginning. The same being Tract 5 containing 438.88 acres, more or less, as shown on a map "Division of Property for Orton Longleaf, LLC" prepared by Sherwin D. Cribb, NC Professional Land Surveyor, L-1099 dated February 10, 2009, revised July 2, 2009, Sheet 5 of 9. Subject, however, to a conservation easement described in a deed recorded in book 3000 at page 1259 and shown on a map recorded in map book 23 at pages 396 through 402. All bearings are based on NC Grip NAD83 and all distances are horizontal. RECEIVED MAR 2 S 2017 DCM- MHD CITY \AV Coastal Management ENVIRONMENTAL QUALITY January 24, 2017 ECEIVE JAN 2 4 2017 BY:------ 1_� ROY COOPER Governor WILLIAM G. ROSS, JR Interim Secretary BRAXTON DAVIS Director TO: Georgette Scott Stormwater Section DEMLR - WiRO FIR Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)-ncdencgov Fax: 350-2018 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Orton Plantation Holdings, LLC Project Location: off of Plantation Rd SE, adjacent to the Cape Fear River in Winnabow, Brunswick County Proposed Project: to extend two existing bulkhead and to place rip rap at the base of the Orton Pond Spillway Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 17, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson 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. SIGNE DATED RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 FEB 17 2011 910-796-7215 Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY April 25, 2017 Peter J. Talty Orton Plantation Holdings, LLC 37th Floor,11 Times Square New York, NY 10036 Subject: EXEMPTION Stormwater Project No. SW8170128 Orton Pond Spillway Bulkhead Extensions Brunswick County Dear Mr. Talty: PAT MCCRORY Govcrnnr DONALD R. VAN DER VAART &Cnaory TRACY DAVIS Director On January 24, 2017, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project. Staff review of the plans and specifications on February 13, 2017 has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Georgette Scott at (910) 796-7215, or via e-mail at georgette.scott@ncdenr.gov. Sincerely, I For Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/gds: %StormwaterlPermits & Projects12017 \170128 Exemption12017 04 permit 170128 cc: Steve Morrison; Land Management Group, Inc. Brunswick County Building Inspections Tara MacPherson/Shaun Simpson-DCM/WIRO DCM Morehead City Wilmington Regional Office Stormwater File RECE;VE'D MAY 01 2917 DC"�1_,F1-9D CITY State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 127 Cardinal Drive Extension I Wilmington, NC 28405 910 796 7215 T 1 9103502004 F I httn://Domi.ncdenr.org/web/ir/ rl e ROY COOPER IIIR1\I u 00,E JAN 31 2017 WILLIAM G. ROSS, JR hWNIR SecrRrtPy HISTOR{CPRESERVATIONOFfICE BRAXTON DAVIS !qj D nnR EMVI January 24, 2017 TO: Renee Gledhill -Early Dept of Cultural Resources Archives & History FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext , Wilm., NC 28405 heather. coatsWncdenc.gov Fax: 350-2018 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Orton Plantation Holdings, LLC Project Location: off of Plantation Rd SE, adjacent to the Cape Fear River in Winnabow, Brunswick County Proposed Project: to extend two existing bulkhead and to place rip rap at the base of the Orton Pond Spillway Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 17, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson 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" 1 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. SIGNED f2tC DATED REC-iVED DCM WILMINGTON, NC FEB 2 0 2017 Slaw ofNonM1 Cmim I EnvinmelW Quhty I CwW Mwormeft 121 Cw*W Dhiw Ea, WJmmge, NC 2940. 910.196--7215 Coastal Management ENVIRONMENTAL QUALITY January 24, 2017 TO: Tim Walton Dept of Administration State Property Office JAN 3 12011 DOA STATE PROPERTY OFFICE ROY COOPER Governor WILLIAM G. ROSS, JR lntenm Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats()_ncdenrgov Fax: 350-2018 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Orton Plantation Holdings, LLC Project Location: off of Plantation Rd SE, adjacent to the Cape Fear River in Winnabow, Brunswick County Proposed Project: to extend two existing bulkhead and to place rip rap at the base of the Orton Pond Spillway Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 17, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson 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** `�fThis 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. SIGNED ( DATED NL• II RECEIVED DCM WILMINGTON, NC State of Nodh Carolina I Environmental Quality I Coastal Management q nn 127 Cardinal Drive Ext., Wilmington, NC 28405 V L'� , 910-796-7215 M Coastal Management ENVIRONMENTAL QUALITY January 24, 2017 TO: Maria Dunn NC Wildlife Resources Commission For WiRO ROY COOPER Govemor WILLIAM G. ROSS, JR /ntenm Secretary BRAXTON DAVIS nn nrTn�,� Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cDncdenraov Fax: 350-2018 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Orton Plantation Holdings, LLC Project Location: off of Plantation Rd SE, adjacent to the Cape Fear River in Winnabow, Brunswick County Proposed Project: to extend two existing bulkhead and to place rip rap at the base of the Orton Pond Spillway Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 17, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson 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'" e�. 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. SIGNED M , �� DATED 7-1 - C:1=iVED DCM WILMINGTON, NC FEB 1 g 20117 Stale of North Carolina I Environmental Quality I Coa aal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 N K; Coastal Management ENVIRONMENTAL QUALITY January 24, 2017 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office ROY COOPER Governor WILLIAM G. ROSS, JR Interim Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)-ncdenr.gov Fax: 350-2018 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Orton Plantation Holdings, LLC Project Location: off of Plantation Rd SE, adjacent to the Cape Fear River in Winnabow, Brunswick County Proposed Project: to extend two existing bulkhead and to place rip rap at the base of the Orton Pond Spillway Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 17, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson 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. SIGNED /'"y✓l�- �,r1 DATED t��7 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY January 24, 2017 TO: Dan Sams District Manager-DEMLR Wilmington Regional Office ROY COOPER Gommor WILLIAM G. ROSS, JR interim Secretary BRAXTON DAVIS Director 9AA f���� ell .Jy { Vi FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsanncdenr.-gov Fax: 350-2018 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Orton Plantation Holdings, LLC Project Location: off of Plantation Rd SE, adjacent to the Cape Fear River in Winnabow, Brunswick County Proposed Project: to extend two existing bulkhead and to place rip rap at the base of the Orton Pond Spillway Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 17, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson 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. .i SIGNED DATEDT RECEIVED DCM WILMINGTON, NC JAN 3 0 201" State of North Carolina I EnOrommental Quality' Coastal Management 127 Cardinal Drive Ext , Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY January 24, 2017 TO: Ben Hughes NC Dept. of Transportation NH Co. & BR Co. ROY COOPER covemor WILLIAM G. ROSS, JR Mterim Secretary BRAXTON DAVIS 7rmetar DISTRICT 3 JAN 3 'I. 2017 RECEIVED FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCa)ncdenrgov Fax: 350-2018 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Orton Plantation Holdings, LLC Project Location: off of Plantation Rd SE, adjacent to the Cape Fear River in Winnabow, Brunswick County Proposed Project: to extend two existing bulkhead and to place rip rap at the base of the Orton Pond Spillway Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 17, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson 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. SIGNED 4✓ DATED 01 311 ! t-' RECEIVED DCM WILMINGTON, NC FEB 0 2 20V State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive E t , Wilmington, NC 28405 910-796-7215 VV Coastal Management ENVIRONMENTAL QUALITY January 24, 2017 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section ROY COOPER Govemor WILLIAM G. ROSS, JR Intertm Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a).ncdenr.gov Fax: 350-2018 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Orton Plantation Holdings, LLC Project Location: off of Plantation Rd SE, adjacent to the Cape Fear River in Winnabow, Brunswick County Proposed Project: to extend two existing bulkhead and to place rip rap at the base of the Orton Pond Spillway Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 17, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson 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. SIG DATED Received FEB 0 3 1017 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 DC M 910-796-7215 01 ROY COOPER Governor WILLIAM G. ROSS, JR Imerim Secrelary 10 BRAXTON DAVIS Coastal Management (j%) lnre,.ro, ENVIRONMENTAL QUALITY t l� Ivr sIl OIVIs. JAN? 4 2017 January 24, 2017 NiRO pubs aterjy pees TO: Heidi Cox Assistant Regional Engineering Supervisor Public Water Supply-WiRO FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)-ncdenrgov Fax: 350-2018 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Orton Plantation Holdings, LLC Project Location: off of Plantation Rd SE, adjacent to the Cape Fear River in Winnabow, Brunswick County Proposed Project: to extend two existing bulkhead and to place rip rap at the base of the Orton Pond Spillway Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 17, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: _A\, 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. SIGNED DATED 46h RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management FEB 0 6 2017 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 RECEIVED JAN 3 t 2011 ILif).1i/M Irti6I9g01ys Coastal Management UVL� Afp ENVIRONMENTAL QUALITY January 24, 2017 SI..nL �tPl/� TO: Gmvg-B� Fisheries Resource Specialist DCM, Morehead City ROY COOPER Governor WILLIAM O. ROSS, JR Interim Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a ncdenr cos Fax. 350-2018 hCowrter 04?8-33J,' SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Orton Plantation Holdings, LLC Project Location: off of Plantation Rd SE, adjacent to the Cape Fear River in Winnabow, Brunswick County Proposed Project: to extend two existing bulkhead and to place rip rap at the base of the Orton Pond Spillway Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 17, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson 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. SIGNED RECEIVEDOED / ZJ! 17 DCM WILMINGTON, NC—T JAN 3 y 2017 ECEWED JAN 2 9 2017 State of North Carolina I Enviromneutal Quality I Coastal Manageurcal ,5^� r �� 127 Cardinal Drive Ext, Wihaiagton, NC 29405 O,.p' ., G:� P.�,q a.i+ h 1 911Y796-7215 hh Ld' a.d Huggett, Doug From: Davis, Braxton C Sent: Monday, March 13, 2017 10:24 AM To: Huggett, Doug Cc: Lopazanski, Mike Subject: FW: permitting Attachments: Reef enhancements 2017-2021.pdf Doug, can you get up with Steve on this and let him know the best path forward? I know David Moye handled oyster sanctuaries on a regional basis, and Jonathan is now looking at leases, how do you think we should handle artificial reefs? Braxton C. Davis Director NC Divisions of Marine Fisheries and Coastal Management Department of Environmental Quality 252 808 8013 Marine Fisheries Office 252 808 2808 x202 Coastal Management Office Braxton. Davis(o)ncdenr.00v Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Murphey, Steve Sent: Tuesday, February 28, 2017 9:00 AM To: Davis, Braxton C <Braxton.Davis@NCDENR.Gov> Subject: permitting Braxton, If you get a chance, I need some advice on how to move forward with the Artificial Reef, our reef program has a five year plan that will have 37 different projects. I think there might be common activities that would be best looked at together instead of bombarding DCM with multiple permits and scoping meetings. When we met with DCM staff they indicated that we should contact the regional field reps first for individual projects but this five year plan may be a bit overwhelming. Who would you suggest would be the best contact for looking at this 5 year big picture? I attached Jason's 5 year plan but there are lots of very tiny words so if may be difficult to read, especially on your cracked phone. think the timelines for permitting may not be realistic but I would like to discuss that with DCM. Thanks and have a good week. Steve ,;ql0/11 M iC— Steve Murphey Section Chief, Habitat and Enhancement Division of Marine Fisheries North Carolina Department of Environmental Quality 1 Approx. NWL EXTEND HEADWALL 53 LF & BACKFILL WITH -CI AY MATERGRL. TOP OF WALL SEE SHEET C2 --�- x11OEXISTIN-07 [1 FROAMIII SPILLWAY REPAIR --„III PROJECT - - )I W!r- dev 1 -Ire WING WALL TO Tr elev 1.9'1 g'` 578 SF BACKFILL APPROX. 103 CY EXISTING WOOD HEADWALL Iwo-1 n�INSTALL CLASS 2 EXISTING WOOD SPILL+(VAY � HEADWALL x9.5 \ : i 5' EXISTING\ F I LVFROM SPILLWAY REPAIR PROJECT\ EXTEND HEADWALL 59 LF & \BACKFILL WITH CLAY )MATERIAL, TOP OF WALL = 9.y9 SEE SHEET C2 v 463 SF BACKFIL APPROX. 66 CY r- 4' y <1 SCALE: 1" = 20' 0 20 40 60 9.5' CONTOU�, Approx. NWL Approx. NWL = 1.9' or 2' contour +/- X-2.0'i Approx. NWL 11)1%�i- WING WALL\ O 9.5' CONTOUR\ Approx. NWL z qF d J m a � z 0 a a � r o z a a a o z z v500 U Approx. NWL EXISTING CONCRETE 20 APRON ELEV: 1.0'_ _� __—_ ___ z Z� O 2 U �1 RECEIVED _nCkn WILMINGTON, NC J'AN 2 3 2017 14025 EXISTING BOTTOM FILTER FABRIC DECEIVED RIP RAP PLACEMENT DETAIL NTS JAN 31 2017 Approx. NWL labels and distances_ MHD CITY FC, by LMG, Jan 2017, for NC CAMA application review only. v }R,D TV 2GAI fUr P 14 v }•_•L' UL:.11 x U]411NtFJ S C0140,TIF UMWN. T it O.C. PAXW". u^F£ IWLXNAU P$Ne FOR L9Cl OWS RECEIVED DCM WILMINGTON, NC JAN 2 3 P017 RECEIVED JAN 31 2017 'J I &ItSTY Approx. NWL label added by LMG, Jan 2017, for NC CAMA application review only. e3 au or a.s 1Y}JhJjI`�