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_
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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
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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
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aeel Ipt far
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❑ Collect on Delivery ReaVload DelNery
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rI haumd Mail
❑ Sigrni re confirmed..
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Restricted Delivery
Domestic Return Receipt
A. Sigirlillum
X V ❑Agent
❑ Addre
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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 ❑
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❑ Pnortty Mail Rxgvaae®
signat .
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IIIIIIIIIIIIIIIIII111111111111111111111INIIII
restricted Delivery
❑it
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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 $�
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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
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Approx. NWL =
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Approx. NWL
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EXISTING CONCRETE 20
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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.
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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.
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