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HomeMy WebLinkAbout54-17 Orton Plantation Holdings LLCPermit Class NEW Permit Number 54-17 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermt"t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 _ Excavation and/or filling pursuant to NCGS 113-229 Issued to Orton Plantation Holdings, LLC, 37t" Floor, 11 Times Square, New York, NY 10036 Authorizing development in Brunswick County adj to the Cape Fear River, at Pleasant Oaks Plantation, off NC Hwy 133, Winnabow, as requested in the permittee's application dated 10/20/16, incl. attached workplan drawings (4), 3-4 of 6, dated revised 10/25/16, and 5-6 of 6 dated 6/6/16. This permit, issued on April 25, 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 to tines, imprisonment or civu action; or may cause me permit to oe nuu anu vulu. Rice Field Rehabilitation 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the repairs to the dike structure, reestablishment of the field irrigation drain system and rice field, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910) 796- 7215 for this determination. 2) No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not pE v—�� Braxton C. Davis, Director hereunder requires further Division approval. APR 2 S 2011 Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2020 DM_ " ` ` ' Y In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Orton Plantation Holdings, LLC Permit No. 54-17 Page 2 of 3 ADDITIONAL CONDITIONS 3) Unless specifically altered herein, the alignment and design of the authorized rice field dike and repairs shall adhere to the alignments and designs described in the permit application and depicted on the attached workplan drawings. 4) All fill material shall be clean and free of any pollutants except in trace quantities. Sedimentation and Erosion Control 5) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 6) 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, silt fence shall be properly installed on the existing dike landward of Coastal Wetlands. 7) 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. Stormwater Manazement 8) A stormwater management permit from the Division of Energy, Mineral and Land Resources will be required for the authorized project. A copy of the stormwater management approval shall be obtained and a copy provided to the Division of Coastal Management prior to the initiation of any development activities authorized by this permit. General 9) 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. 10) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 11) Prior to the initiation of any activities requiring an Army Corps of Engineers permit, the permittee must obtain the required permit, and provide a copy to DCM prior to construction. NOTE: Should coordination with the Army Corps of Engineers result in alterations to the project design approved by this CAMA Permit, additional authorization from the Division may be required. NOTE: The permittee is advised that the adjacent waters are designated as a Primary Nursery Area by the N.C. Division of Marine Fisheries. Therefore, care should be taken in the management of the crop to minimize any impactful discharges of biocides and fertilizers when the fields are drained. RECEIVED APR 2 8 2017 Orton Plantation Holdings, LLC Permit No. 54-17 Page 3 of 3 ADDITIONAL CONDITIONS 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 any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR- 11-0896v4. NOTE: An application processing fee of $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. RECEIVED APR 2 8 2017 DCM- NIND CITY 1 DIVISION OFCO' ASTAL MANAGEMENT Application Processing Notes. - Type: (check all that apply) . New Major Mod_ Perinft#_ Minor Mod,_ Renewal_ Transfer' Permit C6cirdinator:_� Field Representatiuea�!EpA Date Time Message wf no Cons(de►� � c�.�n�Af'—e�2ti01t�Ytea hrs�rl'� dlgl,.C�' .f '� goir� ►P— O�fC ��o� o�rnq � �fi ah �(d �c.,- Gb�a�l T 5i�iv1' C inn u �wCeS.SlNj_ . i Division of Coastal Mana Lmeut Annlication Processine Notes Applicant: 02:9N &bET7TGO �iNGT Type (check all that w-1yj NEW MAJOR MOD MINOR MOD RENEWAL _TRANSFER Permit Coordinator: ,R ` CAZA-)S Field Representative: T- Date/Time Mersa e j�z��►�, C� 1.�x0 Laity S TO 1-4^ ,S, /,600i 10"2 A�)D rN J �1i Q i i 4 N -�l v , GlJ l-t01-0 0A I iL 71tVil— `�Cx, is SA'lis't%,�.. �1� SA-io S1rE U�a2s.i�ec+� � 9LprJ`f sC�I,SS'90 �/2A-1(-7 � jVy+ )LLLA) jkh-.U5 ��- ✓k ft°DNM OUJ , QL3J-iBkJ-)0, " 1 aCittr - �Z LtZC�%>MOffiILVIJ ' tr�5�41St >JE�G2��i i � +oa rtt 2 ;LJe rjtAT �iL OwTLET 6pc- "PL-A-teor PIVr mlP'Z 1N4i GKIE7-5 c t*0 i n4fj . fGfL , oc NcT Ssti�t ns D , RECEIVED APR 2 S 2017 ACM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY April 21, 2017 Land Management Group, Inc. c/o Mr. Steve Morrison 3805 Wrightsville Ave., Suite 15 Wilmington, NC 28403 ROY COOPER Governor MICHAEL S. PEGAN semmry BRAXTON C. DAVIS Director SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Orton Plantation Holdings, LLC Dear Mr. Morrison: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Wilmington office on November 2, 2016. On January 27, 2017, processing of your application was placed on hold pending a request for additional information requested by the N.C. Division of Water Resources (DWR). Processing of your permit application was placed in abeyance until you satisfied the requirements of the DWR. On April 18, 2017, the DWR notified the Division of Coastal Management Major Permit Section in writing that no further actions are necessary on the part of the applicant. Therefore, processing of your permit application has officially resumed as of April 18, 2017. The revised projected deadline for making a decision is June 21, 2017, as provided by G.S. 113A-122(c). If you have any questions concerning these matters, please feel free to contact me by telephone at (910) 796-7302, or by email me at heather.coats@ncdenr.gov. Sincerely, A,4177a-14 GvA Heather Coats Assistant Major Permits Coordinator Cc: MHC Files RECEIVED WiRO Files APR 2 8 2017 DCM- MHD C'-°( State of North Carollm I Environmental Quality I Coastal Managernent VAirnington Office 1 127 Cardinal Drive Extension I W imington. North Camilm 28405 9107967215 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Orton Plantations Holdings, LLC COUNTY: Brunswick PROJECT NAME: Pleasant Oaks Plantation Rice Field Restoration & Protection Project LOCATION OF PROJECT: adjacent to the Cape Fear River, off Hwy 133, in Winnabow DATE APPLICATION RECEIVED COMPLETE BY FIELD:11102116 / FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: Tara MacPherson DISTRICT MANAGER REVIEW: A (, 2 B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC D: 11-21-16 / Fi i}, t6azNlfF ADJ. RIP. PROP NOTICES REC'D: 3Li.. u c 6c it U4/tli APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE:Ti�I I/tb �i� MAIL OUT DATE:11-18-16 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $4751 #47549 / END OF NOTICE DATE: 12-12-16 DEEDREC'D: 02-0 t1, ON: —11" 150 DAY DEADLINE: f ( I STATE DUE DATE: 12-12-16 FED COMMENTS REC'D: DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance I( Land Quality Section (DEMLR) C�, rA�nc l �� _ S(A) Division of Water Resources (401) Storm Water Management (DEMLR) State Property Office I Iln fit. Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission 1 (-7 Local Permit Office REGEIVED Division of Marine Fisheries / DCM I Z� 12/IQ c nYT ( N O V 2 2 Z 0 1 Corps of Engineers AHD CITY ?t�is 1112 b�lj (- Recommendations for State Permit- Orton Plantation Holdings, LLC- (Pleasant Oaks Plantation Rice Field Restoration and Protection Project) 11/18/16 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 erosion control conditions. Due to the complex nature of the project, it is also recommended that should a permit be issued, the following condition be included: • The permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management and the U.S. Army Corps of Engineers prior to the initiation of any work. • 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 NOV 2 2 2016 DCM- MHD CIT` 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 The applicant is proposing to elevate an existing rice field dike, build a travel surface along the existing dike structure, excavate interior drainage systems and replace associated water control structures for the overall reversion to a rice field for rice production. The property is located off Hwy 133 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 SC and 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 Coastal Management ENVIRONMENTAL OUALITV November 18, 2016 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office PAT MCCRORY Oovemor DONALD R. VAN DER VAART Secrerap, BRAXTON DAVIS u;recvr FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Orton Plantation Holdings, LLC Project Location: adjacent to the Cape Fear River, off Hwy 133, in Winnabow, Brunswick Co. Proposed Project: to elevate an existing rice field dike and enhance the processes for reverting the existing rice field for rice production 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 December 12, 2016. 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 ftiv, i,-ti "f- DATED it/ 2.1 / 1 6 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 \KLI Coastal Management ENVIRONMENTAL QUALITY November 18, 2016 TO: Dan Sams District Manager-DEMLR Wilmington Regional Office PAT MCCRORY Governor DONALD R. VAN DER VAART secremry BRAXTON DAMS Drsecw NOVsp zof FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cDncdenr_go v Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Orton Plantation Holdings, LLC Project Location: adjacent to the 'Cape Fear River, off Hwy 133, in Winnabow, Brunswick Co Proposed Project: to elevate an existing rice field dike and enhance the processes for reverting the existing rice field for rice production 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 December 12, 2016. 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. 4 This agency approves of the project only if the recommended changes -� t\ are incorporated. See attached. �gr,e-,J W-L_ S:A,%, car._ ¢.y.,u.1A krae Erb%,,,.. n„�r� S.it A.6M1� a�K�D 1 ragUl ra t . tq a CkKk yrW�nr ICS.7 I��ciSScy o� SVerr�ula--tr —Pr 1 �Qfwl.� fiV.e�i This agency objects to the protect for reasons de bribed in the attached comments. SIGNED DATED c✓ z,:;�o_ Vt111.tJ1tNC' NpV `b $, 2G16 State of Nosh Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 910-796-7215 WaterResourees .ENVIRONMENTAL QUALITY January 19, 2017 Orton Plantation Holdings, LLC Attn: Mr. Peter. Talty 11'Times Square, 37th. Floor New York, NY 10036 Ot- ROY COOPER Gnrrrrurr MtCEAEL S. REGAN se_Terar3: S. JAY Z[MMERMAN vtra�ta. DW R # 11-0896 v4 Brunswick County Subject: REQUEST FOR ADDITIONAL INFORMATION Pleasant Oaks Plantation Rice Field Restoration and Protection Project Dear Mr, Talty: On November 28, 2016, the Division of Water Resources (Division) received your application dated November 18, 2016, requesting a 401 Water Quality Certification from the Division for the subject project. On January 12, 2017, the Division received an email message chain In which Brennan Dooley of the US Army Corps of Engineers notified the applicant's environmental consultant on December 6, 2016 that the proposed project would be processed under the Standard Permit procedures. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received. 1. Please provide the Division a copy of your response to the January 12, 2017 email from the U.S. Army Corps of Engineers requesting additional information, [15A NCAC 02H .0502(c)] 2. A Public Notice issued by the U.S. Army Corps of Engineers (USACE) will be necessary to begin the proper consideration of an application (pursuant to 15A NCAC 02H .0503). The Division will be notified by the USACE when a Public Notice is issued for your project. No action is necessary by you for this item at this time. This letter is to serve as notification to you that your application cannot be processed until a Public Notice has been issued. Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the proper consideration of the application. If all of the requested information is not received in writing within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be returned. The return of this project will "r,2�slta�tgV r7[D State otNorth Carolina I Emiromamlal Quality I Water Resouroas DCM WILMINGTON, I`IC 9198076300 ' 2017 Orton Plantation Holdings, LLC DWR# 11-0896 v4 Request for Additional Information Page 2of2. reapplication to the Division for approval, including a complete. application package and the appropriate fee. Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all of the above requested information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617. Please be aware that you have no authorization under the Section 401 of the Clean Water Act forthis activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative. Code. Please contact Chad Coburn at 910-796-7379 or chad.coburn@ocdenr.gov or Jennifer Burdette at 919-807-6364 or iennifer.burdette@'ncdenr.gov if you have any questions or concerns. Sincerely, Karen HigginsISupe sor 401 & Buffer Permitting Branch cc: Steve Morrison,, 3805 Wrightsville Avenue, Ste 15, Wilmington, NC 28404 USAGE -Wilmington Regulatory Field Office DWR WiRO401file DWR 401 & Buffer Permitting Branch file Filename: 110896v4Pleasant0aksPlantation(Brunswick)_401 IC_NeedApp&PN . _Z� Coastal Management ENVIRONMENTAL QUALITY November 18, 2016 1� _.r NOV 181016 Georgette Scott Stormwater Section DEMLR - WiRO PAT MCCRORY Gommor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Amcor FRpfk Heather Coats, Assistant Major Permits Coordinator �c NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats incdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Orton Plantation Holdings, LLC Project Location: adjacent to the Cape Fear River, off Hwy 133, in Winnabow, Brunswick Co. Proposed Project: to elevate an existing rice field dike and enhance the processes for reverting the existing rice field for rice production 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 December 12, 2016. 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 DATED &U— (e RECEIVED DCM WILMINGTON, NC DEC 12 2016 State of North Caroline I Environmental Quality I Coastal Management 127 Cardinal Drive Em., Wilmington, NC 28405 910-796-7215 0 Coastal Management ENVIRONMENTAL QUALITY November 18, 2016 PAT MCCRORY Governor DONALD R. VAN DER VAART Secrewt, BRAXTON DAVIS Direct., NOV 2 2 2016 TO: Tim Walton Dept of Administration State Property Office FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Orton Plantation Holdings, LLC Project Location: adjacent to the Cape Fear River, off Hwy 133, in Winnabow, Brunswick Co. Proposed Project: to elevate an existing rice held dike and enhance the processes for reverting the existing rice field for rice production 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 December 12, 2016. 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. ��* ditional comments may be attached** This agency has no comment on the proposed project. SIGNED 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. DATED State of Nonh Carolina I Environmental Quality I Coastal Management 127 Cardinal Dove Ext., Wilmington, NC 29405 910-796-7215 DCM WECAING ON. NG pEC 16 2016 L11 PAT MCCRORY .• n t� (;ovemw DONALD R. VAN DER VAART Coastal Management BRAXTON DAVIS ENVIRONMENTAL QUALITY D/IYWOY -� PRE$ November 18, 2016 2189 TO: Renee Gledhill -Early Dept, of Cultural Resources { j Archives & History FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management' 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsal-ncdenrgov Fax. 395-3964 (Courier 04-16-33) SUBJECT CAMA / Dredge & Fill Application Review Applicant: Orton Plantation Holdings, LLC Project Location: adjacent to the Cape Fear River, off Hwy 133, in Winnabow, Brunswick Co. Proposed Project: to elevate an existing rice field dike and enhance the processes for reverting the existing rice field for rice production 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 December 12, 2016. 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 4,44.� �wtX DATED `1`;30'f(O RECEIVED DCM WILMINGTON, INC DEC 0 5 2016 Stnte of Nwh Cvolim ; Enmotun nul ou ht, Coa WI MmlagrnleN 127 Cudnul Dnoc FXI, Wihmnpun, N(' 2R405 910 79(.7215 Coastal Management ENVIRONMENTAL QUALITY November 18, 2016 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section PAT MCCRORY Govemor DONALD R. VAN DER VAART 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 IVED Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review NOV 2 9 Z016 Applicant: Project Location: Orton Plantation Holdings, LLC DCM- MHD CITY adjacent to the Cape Fear River, off Hwy 133, in Winnabow, Brunswick Co. Proposed Project: to elevate an existing rice field dike and enhance the processes for reverting the existing rice field for rice production 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 December 12, 2016. 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. �'or: �^'dY Gfa•:�c5 SIGNED DATED State of Nonh Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY November 18, 2016 TO: DISTRICT 3 NOV 2 2 2016 RECEIVED Ben Hughes NC Dept. of Transportation NH Co. & BR Co. \KV PAT MCCRORY Governor DONALD R. VAN DER VAART .Seerelary BRAXTON DAVIS ulrecror FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Orton Plantation Holdings, LLC Project Location: adjacent to the Cape Fear River, off Hwy 133, in Winnabow, Brunswick Co. Proposed Project: to elevate an existing rice field dike and enhance the processes for reverting the existing rice field for rice production 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 December 12, 2016. 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 % t DATED RECEIVED DCM WILMINGTON, N6 Slate of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ezt., Wilmington, NC 28405 910-796-7215 !'_ Coastal Management ENVIRONMENTAL QUALITY November 18, 2016 TO: Maria Dunn NC Wildlife Resources Commission For WiRO PAT MCCRORY cowmar DONALD R. VAN DER VAART Secremry BRAXTON DAVIS Dimclor FROM: Heather Coats, Assistant Major Permits Coordinator N(9 c NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Orton Plantation Holdings, LLC Project Location: adjacent to the Cape Fear River, off Hwy 133, in Winnabow, Brunswick Co. Proposed Project: to elevate an existing rice field dike and enhance the processes for reverting the existing rice field for rice production 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 December 12, 2016. 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. SIGNEDDATED 2 t3 7ti1 -T— RECEIVED DCIM WILMINGTON, NO State ofNm01 C"ina I Fxvlrwacental Q ahty I CoaRsl 14&3119eloem FEB I c. 20 127 Cardinal Drive Ext., Wilmington, NC 29405 910-79&7215 0 Coastal Management ENVIRONMENTAL QUALITY November 18. 2016 TO: Gregg Bodnar Fisheries Resource Specialist DCM, Morehead City PAT MCCRORY Gov,uor DONALD R. VAN DER VAART &cremry BRAXTON DAVIS Uireclor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cDncdenroov Fax: 395-3964 (C*w_d 04-18'-S3) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Orton Plantation Holdings, LLC Project Location: adjacent to the Cape Fear River, off Hwy 133, in Winnabow, Brunswick Co. Proposed Project: to elevate an existing rice field dike and enhance the processes for reverting the existing rice held for rice production Please indicate below your agency's position or viewpoint on the proposed project and 'I at the address above by December 12, 2016. 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 12 / / DATED 1 �L//Io �-- RECEIVED DCM WILMINGTON, NC DEC 1 2 2016 RECEIVED NOV 2 2 2016 State of Noah Carolina I Environmental Quality I Comhl Mm Watent 127 Cardinal Driw Ent., Wilmington, NC 29405 910-796-7215 DCM- MHD CITY PAT MCCRORY Govemnr DONALD R. VAN DER VAART Secmtory Coastal Management ENVIRONMENTAL OUALITV MEMORANDUM: TO: Heather Coats, DCM Assistant Major Permit Coordinator FROM: Gregg Bodnar, DCM Fisheries Resource Specialist SUBJECT: Orton Plantation LLC (Pleasant Oaks Plantation) DATE: 12/12/2016 BRAXTON DAVIS J)"em r A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to elevate and increase existing dikes, repair/improve water control structures and grade a past rice field to resume rice production. The diked field contains §404 wetlands and an associated pond/creek system is designated C/SW. Immediately waterward of the dikes, coastal wetlands are present and this stretch of the Cape Fear River is designated Primary Nursery Area (PNA), SC, and is closed to shellfish harvest. Though no fill/development is proposed waterward of the existing dike system, there is extensive coastal wetlands along the entire waterward extent of the dike system. Furthermore, the adjacent waters are classified as PNA. Coastal wetlands are considered among the most productive ecosystems in the world. Recent research indicates that even narrow fringes of wetlands are essential factors for fish utilization and erosion control. Wetlands can enhance foraging functions of adjacent habitats, which is why PNA and secondary nursery area (SNA) habitats are closely linked with coastal wetlands. In addition, these wetlands are important to waterfowl feeding and nesting activities. Though all construction activities are proposed to impact areas within the diked area, there is concern that unintended fill of coastal wetlands could result as part of the dike improvements and utilization. Appropriate measures should be used to contain fill from entering the coastal wetlands waterward of the dike system. There is also concern that biocides and fertilizers used as part of the rice production process may be introduced into the PNA system and affect those species that can utilize the flooded rice fields such as waterfowl, fish and shellfish. Care should be taken in the management of the crop to minimize any potential impactful discharges when the fields are drained. Research has been conducted in South Carolina and Louisiana pertaining to these concerns and could be helpful. Contact Gregg Bodnar at (252) 808-2808 ext. 213 or Qregg.bodnar@ncdenr.eov with further questions or concerns. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I MortLead City, NC 28557 252-808-2808 1252-247-3330(fu) Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY Govemor DONALD R. VAN DER VAART Secmror BRAXTON DAVIS Director November 18, 2016 n p! TO: Heidi Cox l'' Assistant Regional Engineering Supervisor vivisiNOV o n PublFROM: HeatlheWCter oats, AssistantMajor Permits CoordinatorCI Pub�cOlater5ppp ys NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats().ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge 8 Fill Application Review Applicant: Orton Plantation Holdings, LLC Project Location: adjacent to the Cape Fear River, off Hwy 133, in Winnabow, Brunswick Co. Proposed Project: to elevate an existing rice field dike and enhance the processes for reverting the existing rice field for rice production 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 December 12, 2016. 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 f a cT67'.0 nts. SIGNED "` DATED I (Alh(,a RECEIVED DCM WILMINGTON, NC NOV 2 & 2015, State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 M I US Army Corps PUBLIC NOTICE Of Engineers Wilmington District Issue Date: February 14, 2017 Comment Deadline: March 16, 2017 Corps Action ID Number: SAW-2016-02385 The Wilmington District, Corps of Engineers (Corps) received an application from Orton Plantation Holdings, LLC, seeking Department of the Army authorization to permanently impact 1.2 acres of wetlands and temporarily impact 24.2 acres of wetlands, associated with restoring and protecting a historic rice field within Pleasant Oaks Plantation in Brunswick County, North Carolina. Specific plans and location information are described below and shown on the attached plans. This Public Notice and all attached plans are also available on the Wilmington District Web Site at: hhtt ://www.saw.usace.armv.mil/Missions/RegulatoryPermitProgram.ast)x Applicant: Orton Plantation Holdings, LLC Attn: Mr. Peter Tally 37"' Floor, 11 Times Square New York, New York 10036 AGENT (if applicable): Authority Land Management Group, Inc Attn: Mr. Steve Morrison 3805 Wrightsville Ave., #15 Wilmington, North Carolina 28403 The Corps evaluates this application and decides whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures of the following Statutory Authorities: ® Section 404 of the Clean Water Act (33 U.S.C. 1344) ❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) ❑ Section 103 of the Marine Protection, Research and Sanctuaries Aptgf,I' (33 U.S.C. 1413) E1127 IV E D FEB 2 0 2017 DCM- MHD CITY Version 7.8.2014 Page 1 Location Directions to Site: From Wilmington, head south on Hwy 17. Exit and head south on Hwy 133 (River Road). Travel approximately 10.5 miles to Kendall Chapel Road and turn left. Travel approximately 0.6 miles until you veer left. This dirt road will lead you to Sandhill Pond which is across the roadway from the rice field. The property is bordered by NC Highway 122 to the west, the Cape Fear River to the east, undeveloped land to the north and Kendall Chapel Road to the south. Project Area (acres): 25.5 Nearest Town: Winnabow Nearest Waterway: Cape Fear River River Basin: Cape Fear Latitude and Longitude: 34.113767 N, 77.951344 W Existing Site Conditions The project area lies within the Pleasant Oaks Plantation which is a former rice plantation developed around 1725, located north of the historic Orton Plantation. The project area is adjacent to the Cape Fear River and is protected from the main Cape Fear River channel by Campbell Island, which is located to the east. An existing pond known as Sandhill Pond (fed by Sandhill Creek) provides a fresh water source for irrigation at the proposed restoration project site (see Project Narrative submitted by applicant). Drainage pipes and water control structures are located at the western end of the dike. An existing 15" inlet pipe and water control structure allows water to flow from Sandhill pond to the rice field to the river. Sandhill Pond is managed through water control structures with two 4" outlet pipes that drain to the river. The existing water control valve does function but is currently closed. An earthen dike on the interior separates the rice field from the Cape Fear River. According to the applicant, the dike has a current elevation of approximately +4' NAVD88 with a base width of 10 ft. to 12 ft. The historic rice field is a wetland area dominated by Phragmites australis. Eroded areas of the dike wall were repaired and 0.045 acre of wetland fill were authorized under a Nationwide Permit 3 verified by the Corps on 3/20/15. The waters of the Cape Fear River are classified as SC (Aquatic life propagation/ protection and secondary recreation) and the waters of Sandhill Creek / Pond are classified as C (Aquatic life propagation/ protection and secondary recreation): WREC E I VE D Supply (WS) by the NC Division of Water Resources. They are not designated as Primary Nursery Area (PNA) by the Division of Marine Fisheries, nor open to the FEB 2 0 2017 harvesting of shellfish. Applicant's Stated Purpose DCM- MHD CITY The applicant's purpose as indicated in the permit application is to "restore and protect a remaining, intact rice field located within the historic Pleasant Oaks Plantation. The intent of the project is to maintain the historic rice field which has been present in this location since the mid- 1700s. The property owner is a direct descendant of the original Version 7.8.2014 Page 2 land grant recipient, and as such, has an interest in restoring and preserving the last remaining Pleasant Oaks Plantation rice field for posterity and historical value." Project Description The applicant is proposing to elevate the existing rice field dike, build a travel surface along the existing dike structure, excavate interior drainage systems and replace associated water control structures for the overall reversion of the project area to a rice field for rice production. The applicant proposes to increase the elevation of the rice field dike by 2' utilizing earthen fill, bringing the elevation to +6' NAVD88. A 10 ft. wide travel surface is proposed on the dike crest to allow for access and maintenance of the rice field. Permanent impacts include 1.2 acres of wetland fill to increase the dike base width to approximately 15 ft. According to the applicant the proposed project does not involve any wetland impacts outside of the existing outer toe slope of the dike which is bordered by coastal wetlands. New drains within the rice field are proposed with four 10 ft. wide by 4 ft. deep quarter drains through the interior and one 20 ft. wide by 6-8 ft. deep collector drain running along the southwestern side of the pond to the water control structures on the western end of the rice field (see sheets 3 and 4 of 6). The total area of drains to be excavated within wetlands is 1.32 acres. The applicant is proposing new water control structures and new intake and outlet pipes. An extension of the inlet pipe from Sandhill Pond is proposed in order to reach the collector drain, which will result in an additional 25 sq. ft. of permanent wetland impact. Rice field preparation activities will include the clearing of vegetation (Phragmites) and the grading of the field surface. Final rice field elevations are proposed of+1' NAVD88 away from the drains to 0' NAVD88 near the drain edges. RECEIVED Avoidance and Minimization FEB 2 0 20V The applicant provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: DCM- MHD CITY "Complete avoidance of wetland impacts was not possible since the purpose of the project is to restore the rice field in its historic location. The Cape Fear River shoreline in this location is relatively high in elevation (approximately +10'MSL to a maximum +25' MSL) with a steep slope to the river. The historic and current water source for the rice field is Sandhill Pond which sits approximately six feet to ten feet higher in elevation than the rice field. Flooding to the field was historically, and would continue to be, gravity -fed. Due to the topography, there is no upland location along the shoreline where the rice field could be located and impact less wetland. Relocating the field to the upland elevation of Sandhill Pond would require mechanical pumping and would not meet the intention of this project to restore the historic rice field. It is noted that an approximate 75' to 270' width of coastal marsh exists between the waterward edge of the existing dike and the Cape Fear River. All coastal marsh impacts have been avoided. Proposed dike/berm expansion work would begin at the waterward edge of the existing dike and expand towards the interior of the field. Expansion towards the interior would contain Version 7.8.2014 Page 3 wetland impacts to the previously disturbed field, which is currently dominated by Phragmites sp., and would avoid all coastal marsh. Wetland impacts have been minimized by limiting dike expansion to the narrowest functionable width and by expanding towards the interior of the field as mentioned. Access to the rice field, by foot or by equipment needed to maintain the field, would be available from the top of the dike only. The proposed top width (10') is the minimal width that would allow for safe and stable equipment access. The proposed top width also appears to be consistent with the previous width which has narrowed and eroded in sections due to a previous lack of maintenance. Side slopes for the fill would be at a 2:1 slope, the steepest slope that can be vegetatively stablized and maintained. The final elevation of the dike would be 6' NAVD88, which would raise the current elevation by approximately two feet. The minimum height needed to maintain proper water level control and access is requested to further minimize side slope fill. All requested wetland fill would be placed in the interior of the rice field, an area which has already been functionally altered. Although the existing field meets wetland criteria, it has been historically altered and converted. The field is currently a monospecific stand of invasive, nonnative Phragmites and has been disconnected from lateral flooding by the river. Impacts are thought to be to a relatively low -functioning wetland when compared to an undisturbed wetland in a similar geomorphic position (such as brackish/salt marsh). Wetland impacts could not be completely avoided due to the purpose and intention of the project, however, impacts to high functioning coastal marsh have been completely avoided. Impacts to previously altered wetland in the interior of the field has been minimized by maintaining the minimum dike height and width needed for safe access and proper function. Compensatory Mitigation The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: Payment to the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB). Purchase of 1.2 acres of riverine riparian wetland credits is proposed. A mitigation ratio of 1:1 is offered based on the previously altered condition of the wetland to be impacted. Essential Fish Habitat Pursuant to the Magnuson -Stevens Fishery Conservation and Management Act, this Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The Corps' initial determination is that the proposed project may affect, but not likely to adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the Nation I V E D Fisheries Service. FEB 2 0 2017 DCM- MHD CITY Version 7.8.2014 Page 4 Cultural Resources Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that: ❑ Should historic properties, or properties eligible for inclusion in the National Register, be present within the Corps' permit area; the proposed activity requiring the DA permit (the undertaking) is a type of activity that will have no potential to cause an effect to an historic properties. ❑ No historic properties, nor properties eligible for inclusion in the National Register, are present within the Corps' permit area; therefore, there will be no historic properties affected. The Corps subsequently requests concurrence from the SHPO (or THPO). ❑ Properties ineligible for inclusion in the National Register are present within the Corps' permit area; there will be no historic properties affected by the proposed work. The Corps subsequently requests concurrence from the SHPO (or THPO). ❑ Historic properties, or properties eligible for inclusion in the National Register, are present within the Corps' permit area; however, the undertaking will have no adverse effect on these historic properties. The Corps subsequently requests concurrence from the SHPO (or THPO). ❑ Historic properties, or properties eligible for inclusion in the National Register, are present within the Corps' permit area; moreover, the undertaking may have an adverse effect on these historic properties. The Corps subsequently initiates consultation with the SHPO (or THPO). ® The proposed work takes place in an area known to have the potential for the presence of prehistoric and historic cultural resources; however, the area has not been formally surveyed for the presence of cultural resources. No sites eligible for inclusion in the National Register of Historic Places are known to be present in the vicinity of the proposed work. Additional work may be necessary to identify and assess any historic or prehistoric resources that may be present. The District Engineer's final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking's potential direct and indirect effects on historic properties within the Corps-indentified permit area. RECEIVED FEB 2 0 2017 R4HD CITY Version 7.8.2014 Page 5 Endangered Species Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information: ❑ The Corps determines that the proposed project would not affect federally listed endangered or threatened species or their formally designated critical habitat. ® The Corps determines that the proposed project may affect federally listed endangered or threatened species or their formally designated critical habitat. The Corps initiates consultation under Section 7 of the ESA and will not make a permit decision until the consultation process is complete. ❑ The Corps is not aware of the presence of species listed as threatened or endangered or their critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the project area. The Corps will make a final determination on the effects of the proposed project upon additional review of the project and completion of any necessary biological assessment and/or consultation with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. Other Required Authorizations The Corps forwards this notice and all applicable application materials to the appropriate State agencies for review. North Carolina Division of Water Resources (NCDWR): The Corps will generally not make a final permit decision until the NCDWR issues, denies, or waives the state Certification as required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and this public notice, combined with the appropriate application fee, at the NCDWR Central Office in Raleigh constitutes initial receipt of an application for a 401 Certification. A waiver will be deemed to occur if the NCDWR fails to act on this request for certification within sixty days of receipt of a complete application. Additional information regarding the 401 Certification may be reviewed at the NCDWR Central Office, 401 and Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding the application for a 401 Certification should do so, in writing, by March 16, 2017 to: NCDWR Central Office Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit RECEIVED (USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617 FEB 2 0 2017 Or, M- MHD CITI (physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604 Version 7.8.2014 Page 6 North Carolina Division of Coastal Management (NCDCM): ® The application did not include a certification that the proposed work complies with and would be conducted in a manner that is consistent with the approved North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2 (b)(2) the Corps cannot issue a Department of Army (DA) permit for the proposed work until the applicant submits such a certification to the Corps and the NCDCM, and the NCDCM notifies the Corps that it concurs with the applicant's consistency certification. As the application did not include the consistency certification, the Corps will request, upon receipt„ concurrence or objection from the NCDCM. ❑ Based upon all available information, the Corps determines that this application for a Department of Army (DA) permit does not involve an activity which would affect the coastal zone, which is defined by the Coastal Zone Management (CZM) Act (16 U.S.C. § 1453). Evaluation The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the discharge of dredged or fill materials in waters of the United States, the evaluaREC E I VE D the impact of the activity on the public interest will include application of the Environmental Protection Agency's 404(b)(1) guidelines. . FEB 2 0 2017 Commenting Information DCM- MHD CITY The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials, including any consolidated State Viewpoint or written position of the Governor; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) Version 7.8.2014 Page 7 pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing shall be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing. The Corps of Engineers, Wilmington District will receive written comments pertinent to the proposed work, as outlined above, until 5pm, March 16, 2017. Comments should be submitted to Brennan Dooley, Wilmington Regulatory Field Office, 69 Darlington Avenue, Wake Forest, North Carolina 27587, at (910) 251-4694. RECEIVED RECEIVED , FEB 2 0 2017 DCM- MHD CITY Version 7.8.2014 Page 8 4 LNG LAAp MANA4lAfEYT GPOL'Y • F=.�•nnmenml (nmuiom w,wv.LMGroup.net Phone: 910.452.0001 •1.8661MG. 1078 Fax 910.452.0060 3805 Wdphtsville Avenue RECEIVED FEB 2 0 2017 DCM- MHD CITY CAMA Major Permit Application Pleasant Oaks Plantation, Brunswick County, NC Rice Field Restoration and Protection Project October 18, 2016 orp., nd), ;is SCALE 1" = 3000' Project Location Map Sheet 1 of 6 Adjacent Landowner to north: Hibernia Management, LLC •r " 1 l`lipBrunswick l 02 OR 1 • 2• afflmAdjacent Lando . . D 0 A.� i I ' 111 USGS Topographic Oaks Ian a ion, Brunswick County, NC Carolina BeachJa FieldRice Restoration and • .quadrangles) 0. 000-1.866.LMGA078 Fax 910.452.0060 October :0 Wilmngton, NC 28403 Ealetin9 B. MHW� 30' Coastal Shoreline Buffer limit y,• ' / . • ; "p`%• Berea Cape Fear River 75' Moan¢ ShorNine AECamR • " ' • . _ .,•_ ., _• _ L., - Q (• • ; ; L( s�• Proposed Quarter Drain ••4 •;;; ..,; ��., .!^!w.wws...; 1. :,'; •..•; ...,-- 10'Wide, a'Deep O > N ••; - "• "1 -/ •'� •/•.,-'.•. ••• •'Y:•• •Xt•t a Belot24' Outlet pipe with water Control SMatme - !!� "'•. •" "i. •'.. '.` • •I�lJ([� •' .: •,; CAI ,• •i. _ 30' Coastal Sharelirw - - •'� ' • ' ' • ` " ' , U CO • • • , •• . ; • ; ;• • ; : Buffer limit i "oMRs pf, • . •� •� •N .. " " - 1 .. , ; • .. 75' Ertuarineshorellne f •� Lw W L- Cag L j:. ,"limabang; • . , _ ncc Drell,Typ. - -...::2f.Quarter Cross Ser[jph D-D' ,rr ; • u • . ; • •� • •>v ,. ; Ex. Twin 48' Pond Outlet Npes a'eepen•.y+�- • 7 • 7 depth `��� :. ; ; • : ; ; I - • Y " �-IJ I I Berm with Water Control Structuresi Field Inlet Pipe to .,,`. •. iY /Exofing •. -' - `" = scale l" 10' ( be Extended to Omrts of .v +y CollettoDisturbance Drain urbance • y„ k .,. ( a'.,. ,; Ex. r C rend inlet ure �• • -; : r with water [onuol strutture t. a'a�;• T Cross Section E-E' YP• Collector Drain / Field Proposed Collector Drain '; w : ; • . ; •^'. . •. •'•, 20' Wide T•��. gradel 6' to 8' Deep •.�, obWnwn •\\rY;; aa6 SondhRl Pond ❑mes of 1 : il. \5 Der/Rev. a'v Estimated wetland fill volume=6,815 cy fidepth •• amenea<ehe Estimated upland fill volume cV 6aer4l n.me4 D�h than \ 1 Temporary Disturbance/Grading Umiuof Weruplaeal weww ( within Diked Area =24.2 acres Disturtanm \ 1 uma � . Style 2•=30 PRELIMINARY; NOT FOR CONSTRUCTION Ej 404 Wetlands Mean High Water 0 200 200 400 FOR ENVIRONMENTAL PERMITTING ONLY ■ Existing Berm -------- 30'Coastal Shoreline Buffer - ®75' Estuarine Shoreline AEC Proposed Berm Expansion 6/6/2016 " / Pu Flamm.2 spot6 Bruaneoalaronswirx county, _ _ — 404 Wetland Fill ('1.2 acres). —Proposed Quarter Drains (10' wide) �a.a�w.� rat r-x4a 02a0-110P rr..�.0 C...w,."1. Avg width of wetland fill =l5'. —— amwrawa.e...sm. �s — Proposed Collector Drain (20' wide) ,c,bm xawa rnr: She Plan 3 6 Propo:ea Rice Field Restoration area Protection of win a 15'Feld Inlet Ppe Water Control StruRur, q PRELIMINARY; NOT FOR CONSTRUCTION FOR ENVIRONMENTAL PERMITTING ONLY 404 Wetlands ® Existing Berm ®Proposed Berm Expansion 404 Wetland Fill (" 1.2 acres). Avg width of wetland fill =15'. —�.— Mean High Water ---- 30' Coastal Shoreline Buffer — —- 75' Estuarine Shoreline AEC — — — — Proposed Quarter Drains (10' wide) — — — Proposed Collector Drain (20' wide) WColl Shoreline Omit a 100 200 440 6/6/2016�� ph' FEB 2 0 2017 02-16130R f 4 of 6 I)CM- MHp CITY LU > Cross Section A - A' LU <= M CR Approx. Weiland Limit Approx. Wetland Limit co LLJ 8 7 7 6 5 4 3 3 ...... 2 2 L/f.jj/I7Tc-3Ex,FeldElev 0 -1 Ex. Berm -2 Ex. Grace -3 '5P -3 -4 Width of Wetland Fill (appmx) -4 -5 -5 -6 -6 .7 .7 -8 Cross Section B - B' Approx Welland Limit Approx. Welland Limit 8 7 6 6 5 5 4 4 ��MMM�M q q e v WOOOMW w 3 -.1 � =110,111M. 3 2 2 0 0 .1 -1 -2 -2 -3 Ex. Ben -3 -4 Ex. Grace -4 Horizontal Scale I" S' -5 -5 Vertical Scale 1"= 5' -6 Width of Weiland Fill (apmcx) -6 Elevations NAVD 88 Pleasantoaks Plantation 6/6/2016 Brunswick County. NC Typical Lross Sections C= Sectiow A & 8 LLI >o Cross Section C - C' T- Cq 2 Approx. Wetland Umft Approx. WeUand Limit LLJCp LU 8 0� 7 7 6 6 5 4 4 3 2 2 0 0 -2 .2 -3 Ex. Grade -3 -4 -4 LS--------------- -5 .5 -6 Width of Wetland no (approx) 6 Horizontal Scale 1" = 51 Vertical Scale I" = 5' Elevations NAVD 98 �j'�/11/�� Pleasant Oaks Panta4M 170 11 Bru..ckCo..t,NC — . 02-1.1MR Typical Cross 5ectlon ...—W Cross Section C 6 of 6 I Water Resources ENVIRONMENTAL QUALITY April 18, 2017 CERTIFIED MAIL: 70081300 00001124 4429 RETURN RECEIPT REQUESTED Orton Plantation Holdings, LLC Attn: Mr. Peter Talty 3711 Floor, 11 Times Square New York, NY 10036 ROY COOPER t, ' MICHAEL. S. RE.GAN S. JAY ZIMMERMAN DWR # 11-0896 v4 Brunswick County Subject: WAIVER OF REQUIREMENT FOR A 401 WATER QUALITY CERTIFICATION Pleasant Oaks Plantation Rice Field Restoration and Protection Project Dear Mr. Talty: On February 6, 2017, the Division of Water Resources (Division) received your application dated January 27, 2017, requesting a 401 Water Quality Certification from the Division for the subject project. According to Title 15A NCAC 02H .0507, if final action is not taken within 60 calendar days, the requirement for Certification is waived. Therefore, the Division has waived the requirement for a 401 Water Quality Certification to permanently impact 1.2 acres of wetlands for dike expansion and temporarily impact 24.2 acres of wetlands for planting rice at the subject property as described in your application package. This waiver is only valid for the specific plan and impacts provided in your application. If additional impacts are necessary and/or your site plans change, a 401 Water Quality Certification will be required. This waiver does not relieve you of the responsibility to obtain all other required federal, state or local approvals. RECEIVED DCM WILMINGTON, NC APR 1 8 2017 Sate of North Cmolirn I Enviroa ntal Quality I water Rao 1617 Mail Smice Cemer I Raleigh, North Camtilu 77699-1617 919 807 6300 Page 2 of 2 Please contact Chad Coburn at 910-796-7379 or chad.coburn@ncdenr.gov or Jennifer Burdette at 919-807-6364 or iennifer.burd'ette@ncdenr.eov if you have, any questions or concerns. Sincerely,. 44" C� Karen Higgins, Supervisor 401 & Buffer Permitting Branch cc: Steve Morrison, Land Management Group, Inc. (via smorrison@lmgroup.net) USACE; Wilmington Regulatory Field Office Todd Bowers, EPA (via bowers'.todd@epa'.gov) DWR WiRO 401 file DWR 401 & Buffer Permitting Branch file Coastal Management ENVIRONMENTAL QUALITY January 27, 2017 Land Management Group, Inc. c/o Ms. Laura Stasavich 3805 Wrightsville Ave., Suite 15 Wilmington, NC 28403 ROY COOPER Governor MICHAEL S. REGAN Se—tory BRAXTON C. DAVIS Director SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Orton Plantation Holdings, LLC Dear Ms. Stasavich: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Wilmington office on November 2, 2016. Processing of the application is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. These required items are summarized below: 1) The N.C. Division of Water Resources (DWR) has requested additional information by way of the attached DWR letter dated January 19, 2017. Their correspondence requests additional information be provided that addresses the U.S. Army Corps of Engineers request for additional information. Therefore, it it necessary that processing of your permit application be placed in abeyance until such time as Jou have satisfied the requirements of the DWR. Once DWR has notified the Division of Coastal Management Major Permit Section in writing that no further actions are necessary on the part of the applicant, we will resume processing of your application. If you can provide to this office a copy of the requested information within five working days from the date of this letter, DCM staff will continue processing of the application and the processing clock will not be suspended. If the required information is not received in this office within the specified timeframe, processing of the application will be suspended in accordance with 15A NCAC 07J.0204(d) until such time as the requested information is provided. RECEIVED JAN 31 2017 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management Wihnington Office 1 127 Cardnal Drive Wensbn I Wilmington. North Carolina 28405 9107967215 If you have any questions concerning these matters, please feel free to contact me by telephone at (910) 796-7302, or by email me at heather.coats@ncdenr.gov. Cc: MHC Files WiRO Files Chad Coburn, DWR Jennifer Burdette, DWR Brennan Dooley, USACE Sincerely, Heather Coats Assistant Major Permits Coordinator REDe�V ED J AN 3 � 2011 DCM- MNp C,-�v State of North Carolina I Environmental Quality I Coastal Management Wilmington Office 1 127 Cardtnal Drive Eztenslon I Wilmington. North Carolina 28405 910 796 7215 v-I on NEAMEML IN&V Water Resources ENVIRONMENTAL OV ALITI January 19, 2017 Orton Plantation Holdings, LLC. Attn: Mr. PeterJ. Talty 11 Times Square, 37ei Floor New York, NY 10036 ROY COOPER Ca.rrm,. MICHAEL S. REGAN aIx.la,}: S. JAY ZIMMERMAN DOIxtua' DWR# 11-0896v4 Brunswick County RECEIVED JAN 31 2017 Subject: REQUEST FOR ADDITIONAL INFORMATION �A4_ IAO D CITY Pleasant Oaks Plantation Rice Field Restoration and Prot ro Dear Mr. Talty: On November 28, 2016, the Division of Water Resources (Division) received your application dated November 18, 2016, requesting a 401 Water Quality Certification from the Division for the subject project. On January 12, 2017, the Division received an email message chain in which Brennan Dooley of the US Army Corps of Engineers notified the applicant's environmental consultant on December 6, 2016 that the proposed project would be processed under the Standard Permit procedures. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received: 1. Please provide the Division a copy of your response to the January 12, 2017 email from the U.S. Army Corps of Engineers requesting additional information. [15A NCAC 02H .0502(c)]. 2. A Public Notice issued by the U.S. Army Corps of Engineers (USACE) will be necessary to begin the proper consideration of an application (pursuant to 15A NCAC 02H .0503). The Division will be notified by the USACE when a Public Notice is issued for your project. No action is necessary by you for this item at this time. This letter is to serve as notification to you that your application cannot be processed until a Public Notice has been issued. Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the proper consideration of the application. If all of the requested information is not received in writing within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be returned. The return of this project will 'Vtfll DClvi WILb3iNGTON, N Smm ofNorth Camlma I Fmieonmemat Quality want lieaouren 1617 Mal Service CmW ! Weigh, North Carolim 27699-1617 .3 p 2, ,g 919 807 63W N 9 17 Orton Plantation Holdings, LLC DWR# 11-0896 v4 Request for Additional Information Page 2 of 2. reapplication to the Division for approval, including a complete application package and the appropriate fee. Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all of the above requested information to the 401 & Buffer Permitting Branch,1617 .Mail Service Center, Raleigh, NC 27699-1617. Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative. Code, Please contact Chad Coburn at 910-796-7379 or chad.coburn@ncdenr.gov or Jennifer Burdette at 919-807-6364 or ei nnifer.burdette@ncdenr.gov if you have any questions or concerns. Sincerely, kw,w Karen Higginst'oo� r 401 & Buffer Permitting Branch cc: Steve Morrison, 3805 Wrightsville Avenue, Ste 15, Wilmington, NC 28404 USACE Wilmington Regulatory field Office DWR WiR0401f'Ile DWR 401 & Buffer Permitting Branch file Filename: 110896v4Pleasa ntOaksPlantation(Brunswickl 401_IC_NeedApp& PN RECEIVED JAN 31 2017 DCM- MHD CITY KXV LMG LAND MANAGEMENT GROUP wc. Environmental Consultants February 2, 2017 TO: Heather Coats NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 RE: Pleasant Oaks Plantation Rice Field Restoration and Protection Project, Brunswick County, Orton Plantation Holdings, LLC Dear Heather: Please find enclosed a copy of the Department of the Army Individual Permit application form as it was submitted to the LISACE. Sincerely, Laura Stasavich Land Management Group, Inc. Encl. as stated www.lmgroup.net • info@Imgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED OCM WILMINGTON, NC FEB 0 6 M7 U.S. ARMY CORPS OF ENGINEERS OMB APPROVAL NO.0710-0003 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT EXPIRES: 28 FEBRUARY 2013 33 CFR 325. The proponent agency is CECW-CO-R. Public reporting for this collection of information is estimated to average 11 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding. this burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Management and Budget. Paperwork Reduction Project (0710-0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information 0 it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403: Clean Water Act, Section 404. 33 USC 1344; Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320-332. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and/or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANTS NAME 8, AUTHORIZED AGENTS NAME AND TITLE (agent is not required) First - Peter Middle - Last - Tally First - Steve Middle - Last - Morrison Company - Orton Plantation Holdings, LLC Company - Land Management Group, Inc. E-mail Address-petectalty@bllc.com E-mail Address - smorrison@lmgroup.net 6. APPLICANTS ADDRESS: 9. AGENTSADDRESS: Address- 37th Floor, I 1 Times Square Address- 3805 Wrightsville Ave., 915 City- New York State- NY Zip- 10036 Country- USA City- Wilmington State- NC Zip- 28403 Country -USA 7. APPLICANTS PHONE NOs. WAREA CODE 10. AGENTS PHONE NOs. WAREA CODE a. Residence b. Business c. Fax a. Residence b. Business c. Fax 212-782-6295 910452-0001 910-452-0060 STATEMENT OF AUTHORIZATION 11. 1 hereby authorize, Land Management G oup, Inc. to t in my ehalf V my #Wgt in the processing of this application and to fumish, upon rer;uest, supplemental information in support of this pe 7M h �71201-7 SIGNATU OF APPLICANT V DATE NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) Pleasant Oaks Plantation Rice Field Restoration and Protection Project 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) Cape Fear River Address N/A off HWY 133 and Kendall Chapel Road SE City- Belville $ CEIVEDzi - 15, LOCATION OF PROJECT Latdude:-N 34.112742 Longitude: W-77,9491N) I IN T NC 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) FEB State Tax Parcel ID Brunswick 10 10000 102 Municipality 0 6 201 Section - Township - Town Creek Range - ENG FORM 4345, OCT 2012 PREVIOUS EDITIONS ARE OBSOLETE. Page I of 3 17. DIRECTIONS TO THE SITE From Wilmington, head south on Hwy 17. Exit and head south on Hwy 133 (River Road). Pass over the Town Creck Bridge. Once past he Olde Fort Golf Course continue approximately 2 miles to Kendall Chapel Road SE. Tura left onto Kendall Chapel Road SE (road will be a maintained dirt road). Rice field will be located off Kendall Chapel Road SE along the river. Site may be gatedflocked. 18. Nature of Activity (Description of project, include all features) The proposed work would restore and protect a remaining, intact rice field located within Pleasant Oaks Plantation. Activities would involve: (1) increasing the width and height of the existing dike/berm to allow for proper water level control and for vehicular access around the perimeter of the field, (2) minor grading in the interior of the dike to restore properly functioning quarter drains and collector drains and to slightly crown field areas between the drains, and (3) removing the monospecific stand of Phragmites currently existing in the field, planting with rice and similar grains, flooding and water level management within the future rice field. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) Proposed work would restore and protect a remaining, intact rice field located within the historic Pleasant Oaks Plantation. The intent of the project is to maintain the historic rice field which has been present in this location since the mid 1700's. The property owner is a direct descendant of the original land grant recipient, and as such, has an interest in restoring and preserving the last remaining Pleasant Oaks Plantation rice field for posterity and historical value. USE BLOCKS 20-231F DREDGED AND/OR FILL MATERIAL IS TO DE DISCHARGED 20. Reason(s) for Discharge Permanent wetland fill is needed to create a uniform dike width and height. The dike as it exists today is not uniform in width due to a previous lack of maintenance. Increasing the top of the dike to a 12' width with 2:1 side slopes and increasing the height of the dike by 2' to a final 6' NAVD88 is needed for proper water level control and stable vehicular access. Temporary wetland impacts within the diked area would allow for minor grading to slightly crown the field, for removal of the existing Phragmites vegetation, and for planting with rice and similar grains. 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: Type Type Type Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards Clean sand for dike expansion- 6,815cy 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres Permanent Impact for Dike Expansion = 1.2 acres. Temporary Wetland Disturbance = 24.2 acres. or Linear Feet 23. Description of Avoidance, Minimization, and Compensation (see instructions) RECEIVED DW WILMINGTON, NO Please see attached. FEB fic, 9r,17 FNG I-OW4 4345, OC7 2012 Page 2 of 3 24. Is Any Portion of the Work Already Complete? Yes Ndo IF YES, DESCRIBE THE COMPLETED WORK A Nationwide 3 Permit was obtained on March 30, 2015 to allow for maintenance and repair of the existing dike. l'he Nationwide Permit authorized repair of two breaches and maintenance leveling of low spots on top of the dike. All work requested and approved remained within the existing dike footprint. No expansion or new work was done. 25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody to mo titan cm w entwe here. Pi aura+, suppwm al an). a. Address- Adj to the North - Hibernia Management, LLC 2425 North May Street City- Southern Pines State- NC Zip- 28387 b. Address- Adj to the South - JIID3GI., IAX Attn: Joseph H. Davis IV, 5516 Nakoma Drive City - Dallas State - TX Zip - 75209 a Address - city - state - Zip - t s d. Address - City - State - Zip - r e. Address - city - State - Zip - 26. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL' IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER USACE JD SAW 2014-00531 November 21, 2014 USACE NW 3-Maintenance SAW-2014-00531 March 30.2015 NCDWR (DWQ) No Written Concurrent DWQ #11-0896v2 March 6, 2015 i i Would include but is not restricted to zoning, building, and flood plain permits 4 27, licetion is hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is plate d rate. I further rti at 1 possess the authority to undertake the work described herein or am acting as the duly authorized agent of the a plies I. IGNAT OF APPLICANT IF 14 DA - /// SIGNATURE OF AGENT RECEW&TE The Application must be signed by the person who desires to undertake the proposed activity (applicant) or t rr VWMr- byNC authorized agent if the statement in block 11 has been filled out and signed. FEB Q 6 2017 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry,. shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345, OCT 2012 Page 3 of 3 23. Description of Avoidance, Minimization, and Compensation (see instructions) Complete avoidance of wetland impacts was not possible since the purpose of the project is to restore the rice field in its historic location. The Cape Fear River shoreline in this location is relatively high in elevation (approximately +10'MSL to a maximum +25' MSL) with a steep slope to the river. The historic and current water source for the rice field is Sandhill Pond which sits approximately six feet to ten feet higher in elevation than the rice field. Flooding to the field was historically, and would continue to be, gravity -fed. Due to the topography, there is no upland location along the shoreline where the rice field could be located and impact less wetland. Relocating the field to the upland elevation of Sandhill Pond would require mechanical pumping and would not meet the intention of this project to restore the historic rice field. It is noted that an approximate 75' to 270' width of coastal marsh exists between the waterward edge of the existing dike and the Cape Fear River. All coastal marsh impacts have been avoided. Proposed dike/berm expansion work would begin at the waterward edge of the existing dike and expand towards the interior of the field. Expansion towards the interior would contain wetland impacts to the previously disturbed field, which is currently dominated by Phragmites, and would avoid all coastal marsh. Wetland impacts have been minimized by limiting dike expansion to the narrowest functionable width and by expanding towards the interior of the field as mentioned. Access to the rice field, by foot or by equipment needed to maintain the field, would be available from the top of the dike only. The proposed top width (12') is the minimal width that would allow for safe and stable equipment access. The proposed top width also appears to be consistent with the previous width which has narrowed and eroded in sections due to a previous lack of maintenance. Side slopes for the fill would be at a 2:1 slope, the steepest slope that can be vegetatively stablized and maintained. The final elevation of the dike would be 6' NAVD88, which would raise the current elevation by approximately two feet. The minimum height needed to maintain proper water level control and access is requested to further minimize side slope fill. All requested wetland fill would be placed in the interior of the rice field, an area which has already been functionally altered. Although the existing field meets wetland criteria, it has been historically altered and converted. The field is currently a monospecific stand of invasive, non- native Phragmites and has been disconnected from lateral flooding by the river. Impacts are thought to be to a relatively low -functioning wetland when compared to undisturbed wetland in a similar geomorphic position (such as brackish/salt marsh). Wetland impacts could not be completely avoided due to the purpose and intention of the project, however, impacts to high functioning coastal marsh have been completely avoided. Impacts to previously altered wetland in the interior of the field has been minimized by maintaining the minimum dike height and width needed for safe access and proper function. Mitigation to offset unavoidable wetland impacts within the existing Phragmites (field) area is offered in the form of payment to the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB). Purchase of 1.2 acres of riverine riparian wetland credits is offered. A mitigation ratio of 1:1 is offered based on the previously altered condition of the wetland to be impacted. RECEIVED DCM WILMINGTON, NG FEB 0 6 2017 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Orton Plantation Holdings, LLC, c/o Steve Morrison 2. LOCATION OF PROJECT SITE: Project site is located adjacent to the Cape Fear River located at Parcel ID 1010000102 (Pleasant Oaks Plantation) off of Hwy 133 in Winnabow, Brunswick County. Photo Index - 2006: 204-6651 D-G, 22-24 2000: 15-145 K-O, 17-23 State Plane Coordinates - Lat: 34106'49.56"N Long: 77° 57'04.84"W 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—10/20/16 Complete— 11/2/16 Office - Wilmington 6. SITE DESCRIPTION: RECEIVED (A) Local Land Use Plan — Brunswick County Land Classification From LUP - Conservation NOV 2 2 2016 (B) AEC(s) Involved: ES, EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private DC M- M H D CM (E) Wastewater Treatment: Existing — Onsite septic system Planned - N/A (F) Type of Structures: Existing — Sandhill Pond (managed site), residential home, dirt road and existing rice field Planned - Shoreline/dike stabilization along the outer dike, replacement of water control structures, construction of field access areas and the overall reversion to rice fields. (G) Estimated Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED) OTHER (A) Vegetated Wetlands 52,272 sq. ft. Section 404 Type (B)Nnn-Vegetated Wetlands 38,728 sq. ft. (C)Other— Temporary Wetland 24.2 acres Disturbance (D) Total Area Disturbed: 25.4 acres (E) Primary Nursery Area: No (F) Water Classification: Cape Fear River - SC; Sand Hill Creek/pond - C:Sw Open: No 8. PROJECT SUMMARY: The applicant is proposing to elevate an existing rice field dike, build a travel surface along the existing dike structure, excavate interior drainage systems and replace associated water control structures for the overall reversion to a rice field for rice production. tL- Orton Plantation Holdings, LLC 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 10.5 miles to Kendall Chapel Road. Turn left on Kendall Chapel Road and travel a distance of approximately 0.6 miles until you veer left. This dirt road will lead you to Sandhill Pond which is across the roadway from the rice field. The property is bordered by NC Highway 133 to the west, the Cape Fear River to the east, undeveloped land to the north and Kendall Chapel Road to the south. Pleasant Oaks Plantation is a former rice plantation developed around 1725 located north of the historic Orton Plantation. The plantation is directly adjacent to the Cape Fear river and is protected from the main Cape Fear River Channel by Campbell Island, which is located to the east. An existing pond known historically as Sandhill pond (fed by Sandhill Creek) provides a fresh water source for rice irrigation at the proposed restoration project site (See Narrative). Drainage pipes and water control structures are located at the western end of the dike. An existing 15" inlet pipe and water control structure allows water to flow from Sandhill pond to the rice field under the earthen roadway and an existing 24" outlet pipe and water control structure drains the rice field to the river. Sandhill Pond is managed through water control structures with two 4" outlet pipes that drain to the river. An earthen dike on the interior separates the rice field from the Cape Fear River. According to the applicant, the dike has a current elevation of approximately +4 NAVD with a base width of 10 ft. to 12. ft. The inner rice field is designated §404 wetland area currently dominated by Phragmites sp. A current Jurisdictional Determination dated 11/21/14 for this property has been provided by the applicant (Attached). Eroded areas of the dike wall were repaired and .045 acres of wetland fill were authorized under a Nationwide 3 permit issued by the USACE on 3/20/15. At the time the work was considered maintenance of the dike structure and a permit was not required by this office. The waters of the Cape Fear River are classified as SC and the waters of Sand Hill Creek/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. I W 11147 01*3 3131R.T-0aI_to The applicant is proposing to elevate the existing rice field dike, build a travel surface along the existing dike structure, excavate interior drainage systems and replace associated water control structures for the overall reversion to a rice field for rice production. The proposed new elevation of the rice field dike will be +6 NAVD88 due to a 2 ft. elevation increase utilizing earthen fill. A 10 ft. wide travel surface is proposed on the dike crest to allow for access and maintenance of the rice field disturbing 95,092 sq. ft. within the 30 ft. Coastal Shoreline Buffer (see Narrative, supplemental email dated I IMI6 and sheets 3 and 4 of 6). Permanent impacts include §404 wetland fill of 1.2 acres, dominated by Phragmites sp., to increase the dike base width to approximately 15 ft. (see Sheets 5 and 6 of 6). According to the applicant the proposed project does not involve any wetland impacts outside of the existing outer toe slope which is bordered by Coastal Wetlands. The applicant states that the total disturbed area within the 75 ft. Estuarine Shoreline AEC is 246,509 sq. ft. RECEIVED NOV 2 2 2016 DCM- MHD CIT' 4^' New drains within the rice field are proposed with four 10 ft. wide by 4 ft. deep quarter drains through the interior and one 20 ft. wide by 6-8 ft. deep collector drain running along the southwestern side of the pond to the water control structures on the western end of the rice field (see sheets 3 and 4 of 6). The applicant is proposing new water control structures and new intake and outlet pipes. An extension of the of the inlet pipe from Sandhill pond is proposed in order to reach the collector drain. This will result in an additional 25 sq. ft. of wetland impacts. Final field elevations are proposed of+1' NAVD88 away from the drains to 0' NAVD88 near the drain edges. According to the applicant, temporary impacts to §404 wetland areas will total 24.2 acres. The applicant has proposed payment into the Lower Cape Fear Umbrella Mitigation Bank for the 1.2 acres of permanent §404 impacts. No mitigation is proposed for temporary wetland impacts. 10. ANTICIPATED IMPACTS: Approximately 52,272 square feet (1.2 acres) of §404 wetlands within the diked areas would be permanently filled as a result of this project within the existing rice field footprint. An additional 24.2 acres of §404 wetlands would be temporarily impacted within the dikes areas in association with rice field restoration due to the clearing, grading and other work related to resuming the production of rice. Temporary increases in turbidity should be expected to result. Submitted by: Tara MacPherson Date: November 18, 2016 Office: Wilmington RECEIVED NOV 2 2 2016 DCM- MHD CM RECEIVED NOV 2 2 2016 DCM- MHD CITY DO MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Project Name (if applicable) Business Name Pleasant Oaks Plantation Rice Field Restoration and Orton Plantation Holdings, Llc Protection Project Applicant 1: First Name MI Last Name Peter J Talty Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State Orton Plantation Holdings, LLC, 37"Floor, 11 Times Square New York NY ZIP Country Phone No. FAX No. 10036 USA 212-782-6295 ext. Street Address (if different from above) City State ZIP Email peter.talty@bllc.com 2. Agent/Contractor Information Business Name Land Management Group, Inc. Agentl Contractor 1: First Name MI Last Name Steve Morrison Agentl 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 (d different from above) City State - ZIP E Email smorrison@lmgroup.net IF Istasavich@lmgroup.net NOV 2 2 2016 RECEIVED <Form continVOWMI-ID CITY OCT 2 p MIS 252-808-2808 :: 1-888-4RCOAST :: www.neeoastalmanagement. net Form DCM MP-1 (Page 3 of 5) APPLICATION for 0- Major Development Permit 3. Project Location County (can be multiple) Street Address Slate Rd. # Brunswick w^1 NC Highway 133 4uA-Db Subdivision Name city State Zip Phone No. Lot No.(s) (if many, 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 Cape Fear River 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 (ft.) b. Size of entire tract (sq.ft.) >1.85 miles 62,203,680 sf (1428 acres) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or n/a, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) 2'-40' ®NHW or ❑NWL e. Vegetation on tract Long leaf pine community, pocosin and riverine wetland community, coastal wetland community, live oaks, etc. f. Man-made features and uses now on tract Managed Sandhill Pond, dirt roads, house, rice field g. Identify and describe the existing land uses adiacent to the proposed project site. residential properties h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? CO-CP (Attach zoning compliance certificate, if 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? 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? RECEIVED <Form continues on rRE;Q 1V E CMWILMINGTON,NC NOV 2 2 2016 OCT 2 0 2016 252-808-2808 :: 1-888-4RCOAST :: 0CWM14DQ )(9ement.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes ❑No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. On site septic system o. Describe existing drinking water supply source. Private well p. Describe existing storm water management or treatment systems. n/a 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial [Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. See Project Narrative. Operations are not daily but will include water level management for irrigation, drainage, planting, farming activities for rice and rotational crops and maintenance. 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. See Project Narrative. Dike restoration to utilize backhoes, dump trucks, dozers, graders. Number of each type of equipment unknown at present. Equipment to be stored on high ground during project. d. List all development activities you propose. Rice field restoration and protection. See Project Narrative. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 26 ❑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 of? h. Describe location and type of existing and proposed discharges to waters of the state. For dike and pipe work, there will be 1.2 acres of permanent fill within the existing Phragmites dominated rice field wetland. See Project Narrative for mitigation. For field surface grading and re-establishment of a irrigation/drainage system there will be 24.2 acres of temporary wetland disturbance. Rice field will remain jurisdictional wetland. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA 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 IVED If yes, attach a mitigation proposal. OCM WILMINGTON, NC <Form continues JjgCEIVED PCT 2 0 2016 NOV 2 2 2016 252-808.2808 :: 1-888-4RCOAST :: yr rtvyr r`CCpjyBrtAlr r"ement.net Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP -I) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application instruction booklet on how to property 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. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified 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 JHD3GL, LLC Phone No. Address Attn: Joseph H. Davis IV, 5516 Nakoma Drive, Dallas, Tx 75209 Name Hibernia Management, LLC Phone No. Address 2425 North May Street, Southern Pines, NC 28387 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, 4 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. 1 7. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development described in the application. 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 fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that t e inff mation provided in this application is truthful to- the best of my knowledge. Date IO)7z we Print Name _ �6 7 V£_tr' (0RRr.Goj+ CA Signature PieZse indicate application attachments pertaining to your proposed project. CM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culver�tt RECEIVED ❑DCM MP-3 Upland Development U WILMINGTON, NO ❑DCM MP-4 Structures Information RECEIVE® OCT 2 0 2016 NOV 2 2 2016 252-808-2808 :: 1-888-4RCOAST pnMMHErCM anagement.net \V„ 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 NA NA Depth Final Project NA NA Depth 11. EXCAVATION ®This section not applicable Amount of material to be excavated from below NHW or cubic yards. (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 _ ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: excavated. d. High -ground excavation in cubic yards. 12. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA III) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any 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 ❑WL ❑None (ii) Describe the purpose of disposal in these areas: area. d. (i) 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? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? 6EIVEB OCM WILMINGTON. NO RECEIVED 00 20 20% NOV 2 2 2016 DnM M! ID CITY 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill_ Other_ i. Source of fill material. Width: d. Maximum distance waterward of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. RECEIVED NOV 2 2 2016 DCM- MHD CIT` 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water 0 (iii) Dimensions of fill area—3.500'x26' (iv) Purpose of fill Dike elevation for rice field protection a. How will excavated or fill material be kept on site and erosion controlled? Temporary sift fence along outer wetland line. Dike fill area to be stabilized with gras seed mixture. C. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. 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 52272 ❑None (ii) Describe the purpose of the fill in these areas: Inner dike extension for rice field protection. Affected 404 wetland is dominated by Phragmites. b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Backhoe, dumplmck, bulldozer, grader d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. RECEIVED _ J0/z0 116 DCM WILMINGTON, NC Date Pleasant Oaks Rice Field Restoration and Protection Project Project Name Steve Morrison (agent) Applicant Name tN �, t 2 0 �U Applicant Signature 252-808-2808 :: 1-888-4RCOAST :: www.nceoastalmanagement.not revised: 12/26/06 0 Project Narrative Pleasant Oaks Plantation Rice Field Restoration and Protection Project NC Highway 133, Cape Fear River Brunswick County, North Carolina Orton Plantation Holdings, LLC Orton Plantation Holdings, LLC is proposing a project to restore and protect the remaining intact rice field located within Pleasant Oaks Plantation. The subject rice field is approximately 26 acres in size and located along the Cape Fear River roughly 7.7 miles south of the Wilmington Cape Fear Memorial Bridge. The rice field is partially protected from wind waves and ship wakes in the Cape Fear River navigation channel by Campbell Island, which is located 900' offshore. A coastal wetland fringe between 75' and 270' wide exists between the outer rice field dike and the open water of the river. According to available information, the original land grant for the property was made in 1725 to John Moore, half brother of Maurice Moore and "King Roger" Moore. Roger Moore was the owner of Orton Plantation to the south. The Moores came to the Lower Cape Fear area from Charleston, South Carolina. Prior to the Civil War, Pleasant Oaks gained a world wide reputation of producing the "finest rice in America, having the largest grains". The owner at that time "purchased large cargo ships to transport his rice to the world markets". Mr. Louis Bacon of Orton Plantation Holdings is a direct descendant of the original Moore lineage and as such, has a vested interest in restoring and preserving the last remaining intact rice field on this property for posterity and historical value. In 2014, LMG delineated the wetland boundaries in an approximate 32 acre area within and surrounding the rice field. After a field inspection, the Corps of Engineers issued a Jurisdictional Determination letter on 11/21/14 approving the delineation and signed the 404 wetland survey. The NC Division of Coastal Management (DCM) inspected and approved the coastal wetland delineation along the outer edge of the dike. LMG prepared a Pre -Construction Notification request for the use of the Corps' Nationwide 3 Permit to repair small eroded areas of the dike involving a total of 0.045 acres of 404 wetland fill. That NW3 approval was issued on 3/20/15. DCM considered this maintenance of the overall dike structure and not requiring their separate permitting. At present, the outer rice field upland dike averages 10' to 12' wide at its base and the crest average height is approximately +4' NAVD88. The inner rice field is 404 wetland dominated by Phragmites, which is a highly invasive (non -coastal wetlit&tgpfiys) reed OCM WILMINGTON, NO RECEIVED OCT 2 0 2016 NOV 2 2 2016 DCM- MHD CITY V/ known to inhabit dredge spoil areas and other disturbed wetlands. The resulting monoculture of a Phragmites infestation is of particularly low ecological value. This type of rice field is classified as a "reserve" system meaning that there is a fresh water source (pond) from which the field is irrigated. Sandhill pond was formed by damming up a river tributary or river swamp finger long ago. There is an existing 15" field inlet pipe which feeds fresh water into the rice field from Sandbill Pond through a water control structure. Also existing is a 24" field outlet pipe which drains the rice field to a side channel of the river through a water control structure. Sandhill pond also features twin 48"outlet pipes to the river with water control structures for pond level management. In addition, a hardened emergency overflow swale is in place to the north of the outlet pipes for dam protection during extreme rainfall events. The proposed project involves elevating the rice field dike with earthen fill from an upland source 2' to +6' NAVD88 with a 10' wide travel surface on its crest. The dike side slopes will be graded to a 2:1 incline for stabilization and maintenance purposes. The outer toe of the slope will not extend beyond the existing joint 404/coastal wetland line. The resulting dike base width will be widened to the inside of the rice field by an average of 15'. This represents a permanent 404 wetland impact of 1.2 acres within the rice field. The re-establishment of a rice field irrigation drain system will feature the excavation of four 10' wide 4' deep quarter drains through the interior of the field and the excavation of a 20' wide 6'-8' deep collector drain near the western edge of the field. The system will provide for the distribution of fresh water irrigation from Sandhill Pond throughout the rice field as well as a drainage way to lower field water levels for field surface work and planting. Field preparation activities will include the clearing of vegetation (Phragmites) and the grading of the field surface. Planned field elevations will range from approximately +1' NAVD88 away from the quarter drains and collector drain to 0' NAVD88 near the drain edges. The limits of disturbance for the field preparation work will be the landward edge of the collector drain and the inner toe of the widened dike. The field inlet pipe will be replaced and extended to reach the collector drain (approximately 25 square feet of additional wetland coverage) and the field outlet pipe will be replaced. New water control structures for these pipes will also be installed. The permanent 404 wetland impacts from the dike work and pipe work total 1.2 acres. The nature of the impacted wetland is a low value Phragmites stand. The temporary impacts from the installation of the irrigation drain system and the field surface preparation will total 24.2 acres to the same Phragmites stand. The proposed mitigation to offset the permanent wetland impacts is payment into the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) for 1.2 acres of riverine riparian wetland credits. No mitigation is proposed for the temporary wetland impacts since they will remain as jurisdiction wetlands and the work will result in the removal of invasive Phragmites replaced by annual rice and rotational crops improving feeding habitat values for a variety of wildlife. RECEIVED RECEIVED DCMWILMINGTON,NO NOV 2 2 2016 OCT 2 0 2016 DCM- MHD CITY V ;orp., ind), IS RECEIVED NIV 12 2016 DCM- MHD CIT`f SCALE 1" = 3000' LMG CAMA Major Permit Application Project 1-098 EU LAND Y.ANAGMENi4RUV° �� Pleasant Oaks Plantation, Brunswick County, NC DJf1eB[I� ow[;TON, NC `"""°" '"'°"°"'""° Rice Field Restoration and Protection Project S et f 6 Hww.LMGroup.net Phone. 910.452.0001 •1.866.LMG.1078 OCT 2 0 2016 Fax 910.452.0060 October 18, 2016 3805 Mahtsville Avenue - ♦�' �AL i r1 `k• M � b Adjacent Landowner to north: CAMPBEIL Hibernia Management, LLC ISLAND ' , i _ \• J Rice Field a - - _ - - Restoration Area > _ rc Brunswick -' - •_ t 4 - j County Parcel ID 1010000102 RA w _ f y Ii s' �. • Q S. Adjacent Landowner -•-I- to south: JHD3GL, LLC REC'VE SCALE 1" = 2000' a Luis USGS Topographic Map LMG CAMA Ma or Per cation Wilmington & ov= Pi ,UslickCounty, NC Carol IRH O wmw. LMG rou p. net Rice led Restoration and Protection Project (7.6G1DINUiM6�", NC Phone: 910.452.0001 .1.866. L MG. 1078 Fax 910.452.0060 October 18, 2016 Sheet 2 of 6 3805 Wightsville Avenue Wilminciton, NC 28403 FAR ■ 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. ANd0 Addressed KiOEPJ A VIAMEaAlf Ur-1 2�5 NWTh MY Off it e41i q l NES Ali 830 Ill�lnll I'll IIIII III I IIIII II II II till ll II II III 9590 9403 0311 5155 3725 37 2. Article Number (rransfer from service label) -- - -- 7005 2570 0000 5703 98 Ps Form 3811, April 2015 PSN 7530-02-000-9053 i W Complete Items 1, 2, and 3. 'A 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 mailpiece, or on the front if space narrnife *03GL , LL<• AITN- 06EQn tA• VAOSIC 66110 NAKOMA OME PIW S I TX 75201 ❑ Agent D. Is delivery address different from Rem 17 u wls If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mall Ewpreaa® ❑ Adult Signature ❑ Reglelered Mail-. l:J Adull5gwlum flesMcted Delivery ❑ ReZpatered Mall ResMdtal Deitllla(1 Mmhb ❑ (: 'udksd Mall Restricted Delivery Do very ❑ Ratumie We pt for ❑ Coilaot Delivery w ❑ Collect Delivery Restricted Delivery El SI n9al Dongmlatlon" 'Jnured Mail ❑ tsrwdura Conlirntatim urod Max Restricted Delivery Rloklcad Dellvery ( r 55001 Domestic Return Receipt X r la vwc— ❑ Agent ❑ Addre S. RGtOiv6d by Pdnfad Ner* C. Date of Deli D. Is delivery address different from Ram 17 ❑ tm M YES, enter delivery address below: ❑ No Illl�lullllllllllllilll�llllllllllllllllill 3 ServlWumu,ice Type ❑Adak SiyrraW1O I Adult 111 0Rdorstered all -as® ❑Regletered Expr Sklnatiue Restricted Delivery Mall ❑ RegIeland Mail Restricted Delivery 9590 9403 0311 5155 3726 20 H CodiLad I.I Cerexed MailRestricted!eO Delivery ❑ Return tfor n "'�"�"u••^'�^• ^^•ram. /^unmwirn khP/l__—_—_... 7005 C.object an Delivery DCoxed on Delivery Restricted Delivery Mouchsignet dlse rxiff. ❑Synahre Conlirmatlan+a 2570 0000 5703 9550 ;"'arid Mal ❑19 onfi tlon ReeMo ed Delivery Rratud y PS Form 3811, April 2015 PSN 7530-02-000-91153 5 ml Domestic Return Receipt RECEIVED DEC 14 2016 DCM- MHD CM RECEIVV-'D DCM WILMINGTbN, NC DEC 0 12016 Coastal Management ENVIRONMENTAL QUALITY November 18, 2016 Mr. Steve Morrison Land Management Group 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Dear Mr. Morrison: PAT MCCRORY Oo.e DONALD R. VAN DER VAART senemiy BRAXTON DAVIS Dimclor 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 1010000102) located off of HWY 133, Brunswick County. It was received as complete on November 2, 2016 and appears to be adequate for processing at this time. The projected deadline for making a decision January 16, 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 November 2, 2016, 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. Sinc/'er/el^y, M�e Tara MacPherson Field Specialist cc: Heather Coats, DCM Tyler Crumbley, COE Debra Wilson, DCM Peter Talty, Applicant RECEIVED NOV 2 2 2016 DCM- MHD CITY VZ- State of North Carolina I Enviromnental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 � o W U NoTl(*O* J > o W _ U N W z AMA PERMITIr APPLIEC PROJECT: To elevate an existin enha Wsh:„a few+i'rnc Fi„r rii OaksPlan Fear liver, 11 FOR rice field dike, and COMMENTS ACCEPTED THROUGH-Qecember 12, 201 APPLICANT: Orton Plantation Holdings, LLC c/o Peter J. Talty 37' Floor, 11 Times Square New York, NY 10036 Agent: 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 910-796-7424 0� AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Orton Plantation Holdings, LLC Mailing Address: 37th Floor, 11 Times Square, New York, NY 10036 Phone Number: 212-782-6295 Email Address: peter.talty bllc.com I certify that I have authorized Land Management Group. Inc., Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Pleasant Oaks Plantation Rice Field Restoration and Protection Project at my property located at Pleasant Oaks Plantation, NC Hwy. 133, Cape Fear River in Brunswick 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. Tt or TypTNO Title / 2V/I(e Date This certification is valid through 12/31/18 RECEIVED NOV 2 2 2016 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC OCT 2 0 2016 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2014-00531 County: Brunswick U.S.G.S. Quad: NC-CAROLINA BEACH NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Orton Plantation Holdings, LLC Attn: Mr. Peter Tally Address: 17th Floor 1251 Avenue of the Americas New York, NY, 10020 Telephone Number: Size (acres) —32 Nearest Town Southport Nearest Waterway Sand Hill Creek/Cape Fear River River Basin Lower Cape Fear. North Carolina. USGS HUC 3030005 Coordinates Latitude: 34.1126940200937 Longitude:-77.9494218027348 Location description: Property is known as Pleasant Oaks Plantation, located east of NC Hwy 133 (River Road), south of the Olde Fort Golf Course, north of Funston Road SE, adjacent to the Cape Fear River, Brunswick County, North Carolina. (Portion of PIN 311300344054). Indicate Which of the Following Apply: A. Preliminary Determination _ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) j urisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. B. Approved Determination X There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed Five years from the date of this notification. X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWAX33 USC 4 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your properly delineated. Due to the size of your properly and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 11/21/2014. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. RECEIVED RECEIVED ON WILMINGTON, NC Page 1 of 2 NOV 2 2 2016 OCT 2 0 2016 DCM- MHD CITY _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to reeulation under the Coastal Area Manaeement Act (CAMA). You should contact the Division of Coastal Manaeement in Wilmington, NC, at (910) 796-7215 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Emily Hughes at 910-251-4635 or Emilv.B.HuehesAusace.armv. mil C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and Coastal Plain Supplement and is adjacent to Sand Hill Creek and the Cape Fear River, a Section 10 Navigable Water of the U.S. This determination is based on information provided by Land Manaeement Group. Inc. and site visits by Emily Hughes on 3/5/2014. D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 1/21/2015. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** HUGHES.EMILY.BURTON.1289 Ol9lully"9 by HUGHBINLYAUP70HAMM73W owe=us, wu.s.c0,re,nnKOc w.o0o. o9Wl(l, 073660 19r_U cnd UGHL L ILr.9UWON.II9907 6 Corps Regulatory Official: nnp 2014.1122 ndsxas•9c Date: November 21, 2014 Expiration Date: November 21,201 RECEIVED NOV 2 2 2016 RECEIVED OCM WILMINGTON, NC UGf 2U2016 DCM- MHD CITY C The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://regulatory.usacesurvey.com/. Copy furnished: Kim Williams. Land Management Group, Inc., 3805 Wrightsville Ave. Suite 15, Wilmington, NC 28403 RECEIVED RECEIVED DCM WILMINGTON, NC NOV 2 2 2016 OCT 2 0 2016 DCM- MHD CITY NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQ11EST FOR APPEAL Applicaut: Orton Plantation I loldings, LLC 1 1 ilc Nunibci ti 201 a-00531 Date: Nov'cmber 21, 201d Peter Talty F-11 INITIAL PROFFERED PERMIT Standard Permit or Letter of pei n ission) A PROFFERED PERMIT Standard Permit or Letter of emission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D F-11 PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION 1 -The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at hatt `./n /www.tisace.anny�mii/Missions/CivilWork.lReeuLtoi-yl'r(IgLimandl Ini s.asUx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the distr%,ge9 This form must be received by the division engineer within 60 days of the rj3(erpf i i` �.CD pCM WILMINGTON, NO NOV 2 2 2016 IOCT 2 0 Zulu iDCM- MHD CITY E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. FOR APPEAL or OBJEC'7 IONS 10 AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division, Attn: Emily Hughes 69 Darlington Avenue, Wilmington, North Carolina 28403 (910)251-4635 If you only have questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 IRIOH'1UN' ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government I consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Emily Hughes, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RECEIVED NOV 2 2 2016 DCM- MHD CIT" RECEIVED DCM WILMINGTON. NC OCT 2 0 2016. Coastal Management ENVIRONMENTAL QUALITY January 13, 2017 Steve Morrison Land Management Group, Inc. 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 Dear Mr. Morrison: ROY COOPER 1 Govemor ?i �P WILLIAM G. ROSS, JR. �/ Interan seaamy BRAXTON DAVIS D#Mor This letter is with reference to your application, acting as agent for Orton Plantation Holdings, LLC, for a Coastal Area Management Act Major Development permit to undertake development activities at property adjacent to the Cape Fear River, at NC Hwy 133, in Winnabow, Brunswick County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S.113A-122(c) which would make April 1, 2017, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (910) 796-7302 or e-mail at: heather.coats@ncdenr.gov. cc: Wilmington/MHC Files Tyler Crumbley, USACE Robb Mairs, DWR Sincerely, AAA 62� Heather Coats Assistant Major Permits Coordinator RECEIVED JAN 18 2017 DCM- MHD CITY State of North Carolina I Eavironmemel Quality I Coastal Management 127 Cardinal Drive Exteoaion I Wilmington, NC 28405 910-796-7215 T Im This DO, ties that there are no delinquent ad valorem taxes, fees, assessments or other liens which the Brunswick County Tax Collector is charged with collecting, that are a ken on: Parcel Number PA 101A1001 as notated by the Brunswick County Assessor's Office. This is not a certification that the parcel number matches the deed description. Da" (Aa0 Tax GO. l DeL OY Spec. 12-23-2013 �nswick County, NC Register 83481ds page P058102 m i�5f322ROP Brenda M. Clemmons Register of Deeds 12-23-2013 14:53:35.060 Brunswick County, NC NC REVENUE STAMP: $17800.00 Presenter `s �e�� Ret10 Total Re rill Int 4 Ck $: Cj �� Refund: 2 Cash $ Cash $ _ Finance ❑ Portions of document are illegible due to condition oforiginal. J w / L� 13Docurnentccrtalnsseals verifiedbtrotind t Instrunient Mal cannot be reproduced or copied. NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax: $ 17,800.00 Tax Lot No. Verified by by Parcel Identifier No. County on the day of Mail after recording to: This instrument was prepared by: McGuireWoods LLP (DEH), 300 North Third Street, Suite 320, Wilmington, NC 28401 Brief Description for the Index Acreage Tracts, East side River Road, Winnabow RECEIVED NOV 2 2 2016 THIS DEED made this 23' � day of December, 2013, by and betweQC M- M H D C GRANTOR TOWN CREEK TIMBER COMPANY a Nevada corporation 1760 N. Jog Road, State 150 West Palm Peach, Florida 33411 CH :7:\►Y r al y ORTON PLANTATION HOLDINGS, LLC a Delaware limited liability company 1251 Avenue of the Americas, 17t° Floor New York, New York 20020 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Brunswick County, North Carolina and more particularly described as follows: RECEIVED SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REV( SM45 WSSLY EXCEPTING AND EXCLUDING THAT TRACT OF LAND DESCRIBED IN EXHIIBBI_T A-1. IIIIIIIII III I IIII IIII II II IIIIIIIII III B3487 P0582a, 2-23-2013 :53 35 Peep Brunswick County, NC Register of Deeds page 2 of 22 The property heremabove describea was acqulrea by urantor by instrument recorded in Book 248, Page 788. All or a portion of the property herein conveyed does/does not include the primary residence of Grantor. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. AND the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Title to the properly hereinabove described is subject to the exceptions shown on EXHIBIT B. Further the parties agree to the allocation of reserved rights as set forth in the Conservation Easements to the North Carolina Coastal Land Trust as set forth on EXHIBIT C attached hereto. The lien of ad valorem real property taxes and assessments for the current year and for subsequent years; all easements, covenants, conditions, restrictions, and other agreements of record against the property conveyed hereby; all matters which would be disclosed by a recent and accurate survey of the property conveyed hereby; zoning, land use and building laws, regulations and ordinances. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its company name by its duly authorized officer, the day and year first above written. TOWN CREEK TIMBER COMPANY a Nevada corporation RECEIVED By: 6&.w ... B- M`nj!LA� NOV 2 2 2016 Name: Sarah 8.I►1� Mcr`L�f Title: P/+�t•'.ley,r DCM- MHD CITY SEAL -STAMP NORTH CAROLINA, NM COUNTY I certify that the following person(s) persona�l�lyy appeared befor@ me this day, each acknowledging to me that he or she signed the foregoing document: ,m insert name and title of person appearing]. ,2 01 @ L � 2-S , 2013 W xkA. G. MS Notary Public IOfficiAlgeal] Print Name: G. Vl/I�II�V�S OAP a ? V = My commission expires: ( li✓ 2 o I ZI of is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. Lo REGISTER OF DEEDS FOR Deputy/Assistant - Register of Deeds OCM WILMINGTON, NC 0,1 L i) Zulb 530912193 IIIIIIIII III III II IIII IIII Illillllllll 83481 P�5a3 m ong 35'PROP Brunswick County, NC Register of Deeds page 3 of 22 Exhibit A LEGAL DESCRIPTION 1 st Tract: On the South side of Town Creek and the West Bank of the Cape Fear River and having the following metes and bounds: BEGINNING at a point where Town Creek empties into the Cape Fear River, runs thence Southwardly with the edge of the said river to the Davis comer about one hundred (100) feet below the mouth of Sand Hill Creek; runs thence with the Davis line North 77 degrees West 1027 feet to a Cypress on the edge of Sand Hill Old Mill Pond; thence with the South edge of the said Mill Pond and then the South edge of Sand Hill Creek to a stake about one hundred (100) feet West of where the road crosses the said Creek; thence South 3 degrees West 1120 feet to a stake; thence South 73 degrees 30 minutes West 94 feet to a stone; thence same course 5000 feet to another stone; thence North 14 degrees West 860 feet to a stone; thence North 4 East 1320 feet to a stone; thence South 87 degrees and 15 minutes West 536 feet to a stone; thence North 19 West 2111 feet to a stone; thence North 39 East 5540 feet to a stone; thence North 3 East 625 feet to a stone; thence North 76 degrees 30 minutes East 2050 feet to a stone near the old Wilmington Road; thence North 89 degrees East crossing said road 454 feet to a stake; thence North 28 East 3070 feet to a stake; thence North 47 degrees 15 minutes West 1870 feet to Beaver Dam Branch just below the old pond; thence down said branch as it meanders to Town Creek; and thence with Town Creek as it meanders to the beginning, containing 2750 acres, more or less, according to survey made by E. W. Taylor, June 1922, being consolidated description of property conveyed by Robbins and Harrelson to Ramsaur, et al, in Book 27 at Page 599, and being the same property conveyed by Frederick Willetts and wife to Frederick B. Adams as will more fully appear by reference to Book 54, Page 3, of the Brunswick County Registry. 2nd Tract: BEGINNING at the point where the Southwest line of the public road leading into the Oaks Plantation intersects the Northeast line of the public road leading from Wilmington to Southport (said road being known as the River Road); runs thence with and along the Southwest line of the said public road leading to the Oaks Plantation, South 46 degrees East to the point where Beaver Dam Branch intersects the Southwest line of the public road leading from the River Road to the Oaks Plantation; runs thence North 89 degrees 30 minutes West to a point in the Northeast line of the public road leading from Wilmington to Southport and known as the River Road, said point being South 9 degrees 30 minutes East 2100 feet from the intersection of the Northeast line of the public road leading from Wilmington to Southport (known as the River Road) with the Southwest line of the public road leading to the Oaks Plantation; runs thence with and along the Northeast line of the public road leading from Wilmington to Southport and known as the River Road, North 9 degrees 30 minutes West 2100 feet to the intersection of the Northeast line of said River Road from Wilmington to Southport with the Southwest line of the public road leading into the Oaks Plantation, same being the point of beginning. The said tract or parcel of land containing 38 acres more or less, and being the same property conveyed by W. G. Collins and wife, to F. B. Adams as will more fully appear by reference to Book 59, Page 46 of the Brunswick County Registry. RECEIVED ED DCMWIILLMINGTON,NO NOV 2 2 2016 OCT 2 0 2016 DCM- MHD CITY IIIIIIIII III I I I IIII II I IIIIIIIII III Brend M. Cl mmo�s 35'PROP Brunswick County, NC Register of Deeds page 4 of 22 3rd Tract: Lying and Situate in Town Creek Township: BEING all of tracts Nos. 13, 14, 15, 16, 17, 18 and 19, of a subdivision of Haw Hill Plantation in Town Creek Township in Brunswick County, N. C., on the plat made in March 1918 by D. L. Struthers, C.E., and of record in the office of the Register of Deeds of Brunswick County, N. C., each of said tracts containing 25 acres, or a total of 175 acres, more or less. The same being the lands conveyed to W. G. Collins, by W. E. Worth, Trustee for the Worth Co., under deed dated Jan. 17, 1919, and duly recorded in Book 29, Page 580, records of Brunswick County, N. C., and being the same property conveyed by W. G. Collins and wife to F. B. Adams as will more fully appear by reference to Book 54, Page 168, of the Brunswick County Registry. 4a' Tract: BEGINNING at the intersection of the Northeastern line of the Lower Town Creek Public Road (a dirt road herein referred to as the Southport Road), leading from State Highway No. 20 to Southport, with the Southern Bank of Town Creek, the said beginning point being the most eastern corner of the bridge over Town Creek; runs thence from the said beginning, South 49 degrees .05 minutes East with and along the Northeastern edge of the said Southport Road, 696 feet to a turn in said road; thence continuing with the Northeastern line of said road, South 42 degrees East, 600 feet; thence continuing with the Northeastern side of said road, South 38 degrees 20 minutes East, 1071 feet to an iron pipe marking the Western comer of Tract 3, as the same is show on the map of "Part of the Haw Hill Plantation, surveyed November, 1916, by W. K. Allen," said map being recorded in the Registry of Brunswick County at page 78 of the Map Book in said Registry; thence continuing with the Northeastern side of the Southport road and along the front of said Tract No. 2 South 36 degrees 40 minutes East, 177 feet, to a point where the Southport Road begins a Southward turn; thence South 8 degrees 10 minutes East, continuing along the Northeastern and Eastern line of said Southport Road, 39 feet to a large pine, marking the intersection of the Southwestern line of the Oaks Plantation Road with the Eastern line of the Southport Road (the immediately preceding course and distance describes the Southport Road as it crosses the road leading into the Oaks Plantation); thence South 8 degrees 10 minutes East, with and along the Eastern line of the said Southport Road 728 feet to a slight turn in said road on a high hill; thence continuing with the Eastern line of said Southport Road, South 9 degrees East 1450 feet to the corner of Tract No. 12 and Tract No. 13 as the same are shown on the map of "Part of the Haw Hill Plantation, surveyed November, 1916 by W. K. Allen," and recorded as heretofore stated in this description; thence South 89 degrees 30 minutes East with the dividing line between the above mentioned Tracts 12 and 13, about 1500 feet to the run of Beaver Dam Branch, at a point just Northward of the bridge over said branch on the road leading to the Oaks Plantation; thence down and with the run of the said Beaver Dam Branch to the run of Town Creek; thence up and with the run of Town Creek to the point of beginning. The same being all of Tracts 1 to 12 inclusive as they are shown on the map of "Part of the Haw Hill Plantation, surveyed November, 1916 by W. K. Allen," and recorded as heretofore stated in this description. SAVING and EXCEPTING, HOWEVER, FROM THE OPERATION OF THIS CONVEYANCE the following described propertR ECEIVED RECEIVED DCM WILMINGTON, NC NOV 2 2 2016 OCT 2 0 2016 530912"-' DCM- MHD CITY IIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIII B3481 Clem12-23-203 PR OP Brunsulck County, N Register of Deeds page 5 of 22 BEGINNING at an iron pipe in the Northeastern line of the public road leading from Highway No. 20, to Southport and generally known as the Lower Town Creek Road (herein called the Southport Road), the said beginning point being the Western corner of Tract No. 3 as shown on the map hereinabove referred to; the said beginning point is located from the most Eastern comer of the bridge over Town Creek, by measuring from said bridge comer, Southeastwardly, along the Northeastern line of the said Southport Road, a distance of 2367 feet; and runs thence from the said beginning pipe, South 36 degrees 40 minutes East, along the Northeastern line of the said Southport Road 177 feet to the beginning of a Southward turn in the said Southport Road; thence continuing South 36 degrees 40 minutes East, and along the northeastern line of the road leading from the said Southport Road into the Oaks Plantation, 587 feet, to an iron pipe marking the Western corner of tract No. 5 as shown on the map hereinabove referred to; thence North 45 degrees 35 minutes East, along the dividing line between Tracts 4 and 5 of the said map, hereinabove referred to, 2703 feet to the run of Town Creek; thence up and with the run of Town Creek to a point bearing North 45 degrees 35 minutes East from the point of beginning; thence South 45 degrees 35 minutes West, with and along the dividing line between Tracts 2 and 3 as shown on the map hereinabove referred to, about 3050 feet to the point of beginning, the same being all of Tracts 3 and 4 as they are shown on the map hereinabove referred to. 5'" Tract: BEGINNING at the point where the Western prong of Beaver Dam Branch intersects the Eastern line of the Southport Road; runs thence Southwestwardly following the course of the Western prong of said Beaver Dam Branch to a point on said prong located North 89 degrees 30 minutes West from the point of intersection of the Eastern line of the Southport Road with the Southern line of Lot 19 as shown on map hereinafter referred to; thence South 89 degrees 30 minutes West to the intersection of the Eastern line of the Southport Road with the Southern line of Lot 19 on map hereinafter referred to; thence Northwardly, with and along the Eastern line of said Southport Road to the point of beginning. Same being a triangular shaped plot of land lying to the West of the Southport Road and to the West of and opposite the Southwestern comer of Lot 19 as the same is shown on the map of "A Part of the Haw Hill Plantation" recorded in the Registry of Brunswick County in the Map Book therein at page 78. RECEIVED EXCLUDING, however, from the operation of this Deed such portion of the above described property as is included within the lines of the present Southport Road. NOV 2 2 2016 The two tracts next above being the same land conveyed by Robert D. Cronly, Jr., RepgyRf M H D CITY nc Worth & Worth, and Robert D. Cronly, Jr., Trustee of the Worth Company, to Frede Adams as will more fully appear by reference to Book 63, Page 176, of the Brunswick County Register. 61h Tract: BEGINNING at the F. B. Adams corner of a tract of land recently acquired from R. C. McClammy et al, as per deed recorded in Book 59 at page 119, which corner is on the Cape Fear River, marked with an iron rod bearing north 37 degrees East 9.5 feet from a pine pointer; runs thence along the Adams and Sprunt lines north 80 degrees west 2,850 feet to a stone marked "Sprunt", located near an old marked pine; thence north 80 degrees 30 minutes west 761 feet along the F. B. Adams land of a tract recently acquired from Robert Hooper et al, recorded in RECEIVED DCM WILMINGTON, NC 53091219_3 OCT 2 0 2016 IIlII IIIIIIIIIIIIIIIIIIII III�IIIII III s3481 , 35ROPa!6mobiP runu+lek County, NC apister of Duds paps a of 22 Book 59, Page 49, to an iron pipe in the center of seven cypress pointers, very old marks in the edge of the Sand Hill Mill Pond, near the mouth of Summer House, or Clay branch; runs thence along the edge of the Sand Hill Mill Pond, as it meanders, same being the line of F. B. Adams, about 8000 feet to an iron rod and two gum pointers, the F. B. Adams comer of the Oaks Plantation lands; thence along the said Adams line south 75 degrees east 987 feet to an iron rod on the edge of the Cape Fear River; thence down the edge of the Cape Fear River, as it meanders, about 5,150 feet to the BEGINNING. SAVING AND EXCEPTING, HOWEVER, FROM THE OPERATION OF THIS CONVEYANCE the following described property: BEGINNING at an iron pipe about 60 feet from the edge of an old road leading to a landing; runs thence north 75 degrees east 208.7 feet to an iron rod; thence north 15 degrees west 208.7 feet; thence south 75 degrees west 208.7 feet to an iron rod; thence south 15 degrees east 208.7 feet to the BEGINNING, containing 1 acre. This description encloses the old cemetery, and has previously been reserved by Anna Davis, Widow of Thomas Davis, et al, as will more fully appear by reference to Book 59, Page 186, of the Brunswick County Registry. IT IS FURTHER UNDERSTOOD AND AGREED that the heirs of Thomas Davis have reserved for themselves a right of easement to pass and re -pass across the tract immediately above described, which said easement is to be 12 feet wide where the road is now located; that said easement or right-of-way was reserved for the purpose of allowing the heirs -at -law of Thomas Davis to pass and re -pass to and from the one acre cemetery lot above described over and along the established road. 'h Tract: BEGINNING at the mouth of the canal north of the Lilliput clearing, at the edge of the Cape Fear River; runs thence with said canal South 76 degrees West 41 poles to the upland; thence the same course 9 poles to a stake; thence North 42 degrees West 15 poles to a pine; thence North 30 degrees West 47 poles to a pine; thence North 8 degrees East 186 poles to a stake in the Nutt line; thence with said line South 83 degrees East 68 poles to a stake in the Nutt corner; at the edge of the Cape Fear River; thence with the edge of said river to the beginning. The same being known as the John Padlay land and being the same land conveyed by R. C. McClammy and wife and W. A. Brown and wife to F. B. Adams by deed dated February 20, 1934, and recorded in the Registry of Brunswick County in Book 59, at Page 119. 81h Tract: BEGINNING at an ash in Summer House Branch, comer of the 23 acre tract conveyed to runs with a line of said tract S. 45 degrees east 32 poles to a pine; thence N. 32 degrees E. 92 poles to a stake in the Nutt line; thence with said line N. 83 degrees west 53 poles to Summer House Branch; thence up the said branch to the BEGINNING, containing 19 acres, and being a portion surveyed out of the Lilliput lands conveyed by John H. Hill to Dr. W. G. Curtis. This being the same land conveyed by Dr. W. G. Curtis and wife to Robert Hooper by deed dated February 13, 1873, recorded in Book V at page 129 in the office of the Register of Deeds of Brunswick County, N. C., the said vendors being the sole heirs at law of Robert Hooper referred to in the said deed, and being the same property conveyed by Robert Hooper, et al, to F. B. Adams as will more fully appear by reference to Book 59, Page 49 of the Brunswick County Registry. RECEIVED RECEIVED OCM WILMINGTON, NO 530912193 Nov '2-2 2016 OCT 2 0 2016 DCM- MHD CITY IIIIIIIIIIIIIIIIillllllll IIIIIIIIIIII B3481 P0587m o�3; 5. Brunswick County, NC Register of Deeds s PROP page 7 of 22 9°i Tract: The undivided interest of William Brown, an heir -at -law of Frank Brown, in and to the following three tracts: (a) BEGINNING at a stake at the southern edge of Sand Hill Mill Pond, J. D. Taylor's comer; runs thence with his line South 68 poles to a dead pine near the northern edge of Dark Bay; thence down Dark Bay Branch to the edge of Sand Hill Mill Pond; thence with the edge of said pond to the beginning, containing 46 acres. (b) BEGINS at a stake on the road, runs north 65 degrees east 107 poles to a myrtle in Summer House Branch; thence down said branch about 30 poles to a hickory at the edge of Col. Taylor's Sand Hill Mill Pond; thence south 65 degrees west 127 poles to a stake on the road; thence with the same road south 25 degrees east 23 poles to the beginning, containing 17 acres. (c) BEGINS at Dark Branch where it is crossed by the main road; runs with the said road South 25 degrees east 39 poles to a stake; thence North 65 degrees east 127 poles to a hickory at the edge of Taylor's Sand Hill Mill Pond; thence up said pond and Dark Bay Branch to the beginning, containing 17 acres. The foregoing three tracts being the same land conveyed by William Brown, Widower, to F. B. Adams on March 16, 1935, as will appear by reference to Book 59 at Page 390 of the Brunswick County Registry. Being the same property conveyed by Frederick B. Adams and wife, Ellen Walters Adams to Hargrove Bellamy and wife, Sarah E. Bellamy by Deed dated November 1, 1949, and recorded February 25, 1950 in Book 98 at Page 433 of the Brunswick County Registry. I & Tract: BEING all of Tract No. 7 as shown by the map of the division of the Frank Brown, Sr. Estate as recorded in the office of the Register of Deeds of Brunswick County on March 10, 1961 in Map Book 6 at page 64 of said Registry, and being the same property allotted to the parties of the first part in the Report of Commissioners recorded in Book 156 at page 678 of the Brunswick County Registry. Saving and excepting, however, those tracts or parcels of land described in Book 888, Page 319; Book 340, Page 862; and Book 108, Page 299, all references being to the Brunswick County Register of Deeds. SAVING AND EXCEPTING FROM THE TRACTS DESCRIBED ABOVE ANY PORTION OF THE REAL PROPERTY LYING ON THE WEST SIDE OF NC [: f[t3fk:l;Manil RECEIVED NOV 2 2 2016 DCM RECVED WILMINGTON,NC DCM- MHD CITE V 2 0 2016 53091219_3 II IIIIIII III I III I IIII it l l lllllllll 111 Brand P058 lemons PROP Brunswick County, NC Register of Deads page a of 22 Exhibit A-1 Commencing at NGS Monument "Town Creek" said monument having NC Grid coordinates (NAD83 2011) of North 142,797.07 and East 2,305,971.22, thence South 44 Degrees 36 Minutes 52 Seconds East a distance of 858.84 feet to a rebar with cap set and the point of beginning, thence; The following 19 courses and distances along said approximate mean high water line of Town Creek; 1) North 85 Degrees 11 Minutes 53 Seconds East a distance of 108.65 feet, thence; 2) South 43 Degrees 47 Minutes 26 Seconds East a distance of 226.57 feet, thence; 3) South 68 Degrees 38 Minutes 20 Seconds East a distance of 60.58 feet, thence; 4) North 34 Degrees 28 Minutes 49 Seconds East a distance of 113.16 feet, thence; 5) North 71 Degrees 15 Minutes 14 Seconds East a distance of 102.45 feet, thence; 6) North 46 Degrees 42 Minutes 19 Seconds East a distance of 176.04 feet, thence; 7) North 38 Degrees 48 Minutes 16 Seconds East a distance of 131.44 feet, thence; 8) North 76 Degrees 26 Minutes 20 Seconds East a distance of 163.81 feet, thence; 9) South 43 Degrees 30 Minutes 19 Seconds East a distance of 244.62 feet, thence; 10) South 07 Degrees 59 Minutes 42 Seconds East a distance of 105.28 feet, thence; 11) South 64 Degrees 18 Minutes 23 Seconds East a distance of 109.69 feet, thence; 12) North 27 Degrees 05 Minutes 20 Seconds East a distance of 92.45 feet, thence; 13) North 70 Degrees 42 Minutes 33 Seconds East a distance of 91.94 feet, thence; 14) South 52 Degrees 02 Minutpg�2tt j� V G6st a dist Rnce of ECEIVED 272.10 feet, thence; Ii C C DOM WILMINGTON,NO NOV 2 2 2016 OCT 2 0 2016 DCM- MHD CITY ������������11JU11111IIIIII� 634 Z1 i 89of Deedspagem9^ef32PROP . 15) South 86 Degrees 11 Minutes 59 Seconds East a distance of 374.99 feet, thence; 16) South 78 Degrees 38 Minutes 48 Seconds East a distance of 247.41 feet, thence; 17) South 76 Degrees 02 Minutes 08 Seconds East a distance of 253.46 feet, thence; 18) South 11 Degrees 02 Minutes 58 Seconds East a distance of 72.81 feet, thence; 19) South 51 Degrees 34 Minutes 16 Seconds East a distance of 295.66 feet, thence; 20) Along lands now or formerly owned by Hibernia Management, LLC as described in Deed Book 3481 at Page 139, South 41 Degrees 09 Minutes 49 Seconds West a distance of 120.13 feet to a concrete monument found, thence; 21) Along said lands of Hibernia Management, LLC, South 41 Degrees 09 Minutes 49 Seconds West a distance of 1511.86 feet to an iron pipe set in the easterly right-of-way of the old public road leading to the Pleasant OaksPlantation as shown on a map of part of the Haw Hill Plantation filed in Map Cabinet 2 at Page 78, thence; 22) Along the easterly right-of-way of said old public road South 39 Degrees 48 Minutes 58 Seconds East a distance of 189.86 feet to an iron axle found, thence; 23) Along the easterly right-of-way of said old public roadSouth 39 Degrees 47 Minutes 18 Seconds East a distance of 382.30 feet to an iron axle found, thence; 24) Along said lands of Hibernia Management, LLC, North 42 Degrees 23 Minutes 43 Seconds East a distance of 1324.14 feet to an iron pipe found, thence; 25) Along said lands of Hibernia Management, LLC, North 42 Degrees 23 Minutes 43 Seconds East a distance of 241.18 feet, thence; The following 116 courses and distances along said approximate mean high water line of Town Creek; RECEIVED RECEIVED DCM WILMINGTON, NO NOV 2 2 2016 OCT 2 0 2016 DCM- MHD CITY II I I II III III IIIII I III I I II IIIIII I II III 83487 P05sa 112-23-2013 4. ^33:35 P0 002 Brunswick County, NC Register of Deeds page emmo of 22 26) South 52 Degrees 49 Minutes 28 Seconds East a distance of 156.44 feet, thence; 27) South 35 Degrees 55 Minutes 58 Seconds East a distance of 66.98 feet, thence; 28) North 84 Degrees 27 Minutes 37 Seconds East a distance of 89.94 feet, thence; 29) South 43 Degrees 26 Minutes 16 Seconds East a distance of 86.33 feet, thence; 30) South 13 Degrees 06 Minutes 43 Seconds West a distance of 212.57 feet, thence; 31) South 87 Degrees 45 Minutes 49 Seconds East a distance of 146.15 feet, thence; 32) South 24 Degrees 17 Minutes 52 Seconds East a distance of 154.94 feet, thence; 33) South 04 Degrees 24 Minutes 07 Seconds West a distance of 97.61 feet, thence; 34) South 05 Degrees 54 Minutes 06 Seconds East a distance of 218.80 feet, thence; 35) South 00 Degrees 00 Minutes 00 Seconds East a distance of 223.57 feet, thence; 36) South 05 Degrees 06 Minutes 39 Seconds East a distance of 77.22 feet, thence; 37) South 41 Degrees 31 Minutes 42 Seconds East a distance of 469.30 feet, thence; 38) South 36 Degrees 13 Minutes 57 Seconds East a distance of 339.57 feet, thence; 39) South 07 Degrees 27 Minutes 35 Seconds East a distance of 225.43 feet, thence; 40) South 31 Degrees 40 Minutes 03 Seconds West a distance of 320.52 feet, thence; 41) South 31 Degrees 07 Minutes 48 Seconds West a distance of 165.15 feet, thence; 42) South 51 Degrees 25 Minutes 02 Seconds East a distance of 83.97 feet, thence; 43) North 46 Degrees 39 Minutes 39 Seconds East a distawbe0if VED 313.32 feet, thence; RECEIVED C)CMWILMINGTON,II�L► NOV 2 2 2016 OCT 2 0 2016 DCM- MHD CITY IIIII IIIIIII(IIIIIIIIIIIIIIIIIII (IIII B3481 M91m42-23-2013 :533:35,002 Brunswick County, NC Register of Deeds mons PROP page 11 of 22 44) North 33 Degrees 14 Minutes 50 Seconds East a distance of 132.34 feet, thence; 45) North 45 Degrees 20 Minutes 14 Seconds East a distance of 201.26 feet, thence; 46) South 89 Degrees 24 Minutes 17 Seconds East a distance of 308.78 feet, thence; 47) South 00 Degrees 06 Minutes 26 Seconds East a distance of 60.00 feet, thence; 48) South 42 Degrees 43 Minutes 00 Seconds West a distance of 164.86 feet, thence; 49) South 61 Degrees 57 Minutes 10 Seconds West a distance of 65.77 feet, thence; 50) South 85 Degrees 21 Minutes 13 Seconds East a distance of 87.71 feet, thence; 51) North 58 Degrees 47 Minutes 33 Seconds East a distance of 113.87 feet, thence; 52) South 68 Degrees 58 Minutes 18 Seconds East a distance of 286.32 feet, thence; 53) South 47 Degrees 55 Minutes 09 Seconds East a distance of 271.67 feet, thence; 54) South 64 Degrees 32 Minutes 59 Seconds East a distance of 131.26 feet, thence; 55) North 40 Degrees 58 Minutes 00 Seconds East a distance of 151.20 feet, thence; 56) North 63 Degrees 54 Minutes 23 Seconds East a distance of 178.15 feet, thence; 57) North 31 Degrees 48 Minutes 26 Seconds East a distance of 93.54 feet, thence; 58) South 77 Degrees 18 Minutes 02 Seconds East a distance of 190.63 feet, thence; 59) South 29 Degrees 18 Minutes 50 Seconds East a distance of 105.85 feet, thence; 60) South 33 Degrees 22 Minutes 12 Seconds East a distance of 35.80 feet, thence; 61) North 46 Degrees 11 Minutes 53 Seconds East a distance of 139.93 feet, thence; CEIVED RECEIVED DCMWEMIINGTON,NO NOV 2 2 2016 OCT 2 0 20% DCM- MHD CITY IIIIIIIIIIIINIIIIIIIIIII�IIIIIIIIIII 83481 P059214 53 30,002 Brunswick County, N Register ns PROP of Deeds page o12 of 22 62) North 08 Degrees 02 Minutes 44 Seconds West a distance of 218.90 feet, thence; 63) North 20 Degrees 29 Minutes 00 Seconds East a distance of 96.55 feet, thence; 64) North 59 Degrees 39 Minutes 06 Seconds East a distance of 256.47 feet, thence; 65) South 85 Degrees 06 Minutes 50 Seconds East a distance of 220.61 feet, thence; 66) South 75 Degrees 20 Minutes 20 Seconds East a distance of 164.00 feet, thence; 67) North 71 Degrees 52 Minutes 51 Seconds East a distance of 106.53 feet, thence; 68) South 64 Degrees 43 Minutes 13 Seconds East a distance of 95.22 feet, thence; 69) North 74 Degrees 35 Minutes 06 Seconds East a distance of 156.00 feet, thence; 70) South 57 Degrees 37 Minutes 17 Seconds East a distance of 221.10 feet, thence; I 71) South 42 Degrees 38 Minutes 47 Seconds East a distance of 67.72 feet, thence; 72) South 46 Degrees 25 Minutes 03 Seconds East a distance of 92.96 feet, thence; 73) South 25 Degrees 14 Minutes 56 Seconds East a distance of 94.49 feet, thence; 74) South 02 Degrees 38 Minutes 04 Seconds West a distance of 34.96 feet, thence; 75) South 04 Degrees 17 Minutes 00 Seconds West a distance of 57.48 feet, thence; 76) South 26 Degrees 55 Minutes 59 Seconds East a distance of 44.69 feet, thence; 77) South 41 Degrees 57 Minutes 42 Seconds East a distance of 56.88 feet, thence; 78) South 56 Degrees 05 Minutes 02 Seconds East a distance of 78.79 feet, thence; 79) South 08 Degrees 45 Minutes 41 Seconds East a distft6b-V'ED 53.33 feet, thence; RECEIVED OCMWILMINGTON,NC NOV 2 2 2016 OCT 2 0 2016 DCM- MHD CITY IIIIIIIIIIII IIIIIIIIIIIII IIIIIIIIIIII Brend M. Cl m ens-36'PROP Brunswick County, NC Register of Deeds page 13 of 22 80) South 04 Degrees 08 Minutes 50 Seconds East a distance of 42.25 feet, thence; 81) South 00 Degrees 00 Minutes 00 Seconds East a distance of 29.92 feet, thence; 82) South 40 Degrees 12 Minutes 48 Seconds East a distance of 42.15 feet, thence; 83) South 86 Degrees 14 Minutes 57 Seconds East a distance of 54.57 feet, thence; 84) South 76 Degrees 34 Minutes 51 Seconds East a distance of 56.13 feet, thence; 85) South 33 Degrees 42 Minutes 33 Seconds East a distance of 45.89 feet, thence; 86) South 84 Degrees 31 Minutes 41 Seconds East a distance of 37.02 feet, thence; 87) North 85 Degrees 13 Minutes 27 Seconds East a distance of 32.40 feet, thence; 88) North 75 Degrees 37 Minutes 43 Seconds East a distance of 61.99 feet, thence; 89) South 79 Degrees 17 Minutes 40 Seconds East a distance of 57.98 feet, thence; 90) South 49 Degrees 09 Minutes 55 Seconds East a distance of 75.29 feet, thence; 91) South 46 Degrees 25 Minutes 04 Seconds East a distance of 44.63 feet, thence; 92) South 14 Degrees 02 Minutes 47 Seconds East a distance of 44.41 feet, thence; 93) North 86 Degrees 38 Minutes 54 Seconds East a distance of 18.10 feet, thence; 94) South 88 Degrees 58 Minutes 16 Seconds East a distance of 58.93 feet, thence; 95) North 01 Degrees 16 Minutes 07 Seconds East a distance of 40.11 feet, thence; 96) North 53 Degrees 58 Minutes 23 Seconds East a distance of 24.92 feet, thence; f�g� 97) North 76 Degrees 46 Minutes 38 Seconds East a distance & ED 22.96 feet, thence; RECEIVED DWI CM LMINGTON,NC OCT 2 0 2M NOV 2 2 2016 DCM- MHD CITY Brunswick County, NC Register B3481Deeds P0594page m14 ef622 P 98) South 82 Degrees 10 Minutes 12 Seconds East a distance of 33.91 feet, thence; 99) South 76 Degrees 41 Minutes 05 Seconds East a distance of 60.12 feet, thence; 100) South 28 Degrees 37 Minutes 41 Seconds East a distance of 77.12 feet, thence; 101) South 11 Degrees 19 Minutes 03 Seconds East a distance of 54.92 feet, thence; 102) South 17 Degrees 06 Minutes 52 Seconds East a distance of 41.86 feet, thence; 103) South 74 Degrees 32 Minutes 58 Seconds East a distance of 75.08 feet, thence; 104) South 88 Degrees 27 Minutes 11 Seconds East a distance of 56.99 feet, thence; 105) North 70 Degrees 46 Minutes 56 Seconds East a distance of 70.11 feet, thence; 106) North 01 Degrees 50 Minutes 56 Seconds East a distance of 95.44 feet, thence; 107) North 30 Degrees 16 Minutes 33 Seconds East a distance of 48.07 feet, thence; 108) South 54 Degrees 08 Minutes 09 Seconds East a distance of 27.28 feet, thence; 109) North 60 Degrees 26 Minutes 55 Seconds East a distance of 17.96 feet, thence; 110) North 61 Degrees 02 Minutes 18 Seconds East a distance of 28.12 feet, thence; ill) North 86 Degrees 24 Minutes 18 Seconds East a distance of 31.81 feet, thence; 112) North 65 Degrees 23 Minutes 42 Seconds East a distance of 9.14 feet, thence; 113) North 46 Degrees 20 Minutes 31 Seconds East a distance of 27.92 feet, thence; 114) South 26 Degrees 20 Minutes 31 Seconds East a distance of 27.31 feet, thence; c,� 115) South 16 Degrees 06 Minutes 10 Seconds East a dist Wftli)b 32.67 feet, thence; RECEIVED DCM WILMINGTON, NC NOV 2 2 2016 OCT 2 0 2016 DCM- MHD CITY IIIIIIilllllllillllllllllllllllIIIIII a3481 fa 14-53-351002 Brunswick County, NC Register of Dead Clemmons PROP page 15 of 22 116) South 65 Degrees 24 Minutes 57 Seconds East a distance of 55.14 feet, thence; 117) North 42 Degrees 25 Minutes 43 Seconds East a distance of 101.03 feet, thence; 118) North 50 Degrees 40 Minutes 22 Seconds East a distance of 104.90 feet, thence; 119) South 53 Degrees 42 Minutes 27 Seconds East a distance of 172.40 feet, thence; 120) South 00 Degrees 35 Minutes 16 Seconds West a distance of 113.15 feet, thence; 121) South 77 Degrees 36 Minutes 52 Seconds East a distance of 123.23 feet, thence; 122) North 40 Degrees 23 Minutes 16 Seconds East a distance of 123.98 feet, thence; 123) South 51 Degrees 12 Minutes 14 Seconds East a distance of 263.72 feet, thence; 124) South 73 Degrees 24 Minutes 28 Seconds East a distance of 118.83 feet, thence; 125) North 80 Degrees 05 Minutes 35 Seconds East a distance of 126.30 feet, thence; 126) North 81 Degrees 30 Minutes 40 Seconds East a distance of 113.85 feet, thence; 127) North 12 Degrees 14 Minutes 13 Seconds West a distance of 27.90 feet, thence; 128) North 07 Degrees 50 Minutes 52 Seconds West a distance of 93.05 feet, thence; 129) North 06 Degrees 36 Minutes 02 Seconds West a distance of 113.02 feet, thence; 130) North 04 Degrees 26 Minutes 35 Seconds West a distance of 119.38 feet, thence; 131) North 00 Degrees 47 Minutes 34 Seconds West a distance of 94.40 feet, thence; 132) North 10 Degrees 51 Minutes 08 Seconds West a distance of 67.62 feet, thence; 133) North 20 Degrees 32 Minutes 42 Seconds West a distanru L%ED 106.33 feet, thence; RECEIVED DCM WILMINGTON, NC NOV 2 2 2016 OCT 2 0 2016 DCM- MHD CITY IIIIIIIII III IIIII IIII II II III IIII II III 83481 PaSss m o�3-35 PR02 Brunswick County, NC Register of Deeds page 16 of 22 134) North 02 Degrees 15 Minutes 42 Seconds East a distance of 52.30 feet, thence; 135) North 00 Degrees 24 Minutes 05 Seconds East a distance of 173.01 feet, thence; 136) North 06 Degrees 15 Minutes 32 Seconds West a distance of 97.25 feet, thence; 137) North 08 Degrees 58 Minutes 26 Seconds West a distance of 109.01 feet, thence; 138) North 01 Degrees 00 Minutes 51 Seconds East a distance of 34.86 feet, thence; 139) North 53 Degrees 37 Minutes 48 Seconds East a distance of 40.98 feet, thence; 140) North 62 Degrees 53 Minutes 45 Seconds East a distance of 34.74 feet, thence; 141) North 63 Degrees 46 Minutes 40 Seconds East a distance of 35.65 feet, thence; The following 33 courses and distances along said approximate mean high water line of the Cape Fear River; 142) South 68 Degrees 21 Minutes 58 Seconds East a distance of 31.06 feet, thence; 143) South 45 Degrees 00 Minutes 00 Seconds East a distance of 33.19 feet, thence; 144) South 34 Degrees 15 Minutes 10 Seconds East a distance of 104.86 feet, thence; 145) South 35 Degrees 47 Minutes 25 Seconds East a distance of 85.12 feet, thence; 146) South 49 Degrees 21 Minutes 04 Seconds East a distance of 86.22 feet, thence; 147) South 44 Degrees 16 Minutes 30 Seconds East a distance of 76.06 feet, thence; 148) South 64 Degrees 16 Minutes 49 Seconds East a distance of 80.00 feet, thence; 149) South 25 Degrees 53 Minutes 23 Seconds East a distance of 124.32 feet, thence; 150) South 58 Degrees 31 Minutes 49 Seconds East a distance of 97.20 feet, thence; RECEIVED DCM RECEIVED NC NOV 2 2 2016 OCT 2 0 2016 DCM- MHD CITY II I III III III IIII I I III I I II II II I I III III Ba�a7 p05sT 14 rs 35 PROP Brunswick County, NC Register of Deeds page 17 of 22 151) South 18 Degrees 44 Minutes 52 Seconds East a distance of 77.37 feet, thence; 152) South 20 Degrees 50 Minutes 29 Seconds East a distance of 117.01 feet, thence; 153) South 40 Degrees 57 Minutes 30 Seconds East a distance of 49.92 feet, thence; 154) South 46 Degrees 22 Minutes 21 Seconds East a distance of 105.58 feet, thence; 155) South 36 Degrees 37 Minutes 17 Seconds East a distance of 166.39 feet, thence; 156) South 31 Degrees 11 Minutes 41 Seconds East a distance of 267.12 feet, thence; 157) South 26 Degrees 08 Minutes 54 Seconds East a distance of 452.35 feet, thence; 158) South 09 Degrees 07 Minutes 08 Seconds East a distance of 152.03 feet, thence; 159) South 05 Degrees 26 Minutes 58 Seconds West a distance of 98.44 feet, thence; 160) South 06 Degrees 41 Minutes 34 Seconds East a distance of 114.32 feet, thence; 161) South 05 Degrees 34 Minutes 42 Seconds East a distance of 89.77 feet, thence; 162) South 00 Degrees 53 Minutes 06 Seconds West a distance of 63.31 feet, thence; 163) South 04 Degrees 39 Minutes 47 Seconds West a distance of 39.45 feet, thence; 164) South 00 Degrees 39 Minutes 31 Seconds West a distance of 102.75 feet, thence; 165) South 47 Degrees 08 Minutes 52 Seconds West a distance of 58.45 feet, thence; 166) North 81 Degrees 11 Minutes 19 Seconds West a distance of 88.07 feet, thence; 167) North 84 Degrees 45 Minutes 26 Seconds West a distance of 96.61 feet, thence; 166) North 83 Degrees 59 Minutes 10 Secon West a distance of 139.75 feet, thence; RECEIVE RECEIVED DCM WILMINGTON, NC NOV 2 2 2016 OCT 2 0 2016 DCM- MHD CITY IIIII IIIIIII IIII IIII II II III II II II III Brend M. Cl mmons 351 PROP Brunswick County, NC Register of Deeds page 18 of 22 169) North 84 Degrees 03 Minutes 59 Seconds West a distance of 94.54 feet, thence; 170) North 85 Degrees 47 Minutes 58 Seconds West a distance of 101.44 feet, thence; 171) South 89 Degrees 45 Minutes 54 Seconds West a distance of 121.21 feet, thence; 172) North 88 Degrees 56 Minutes 23 Seconds West a distance of 163.01 feet, thence; 173) South 40 Degrees 13 Minutes 16 Seconds West a distance of 87.10 feet, thence; 174) North 01 Degrees 15 Minutes 42 Seconds East a distance of 94.61 feet to a rebar with cap set, thence; 175) South 70 Degrees 33 Minutes 53 Seconds West a distance of 7245.24 feet to a rebar with cap set in the easterly right-of-way of NC Highway 133 (100 foot wide), thence; The following five courses and distances along the easterly right-of-way of said NC Highway 133 (100 foot wide), 176) with a curve turning to the right having a radius of 5750.00 feet, a chord bearing of North 13 Degrees 27 Minutes 55 Seconds West, a chord length of 250.35 feet, for an arc length of 250.37 feet to a rebar with cap set, thence; 177) North 12 Degrees 13 Minutes 04 Seconds West a distance of 4422.58 feet to a rebar with cap set, thence; 178) North 12 Degrees 25 Minutes 50 Seconds West a distance of 855.50 feetto a rebar with cap set, thence; 179) with a curve turning to the left having a radius of 1460.00 feet, a chord bearing of North 26 Degrees 52 Minutes 00 Seconds West , a chord length of 727.97 feet, for an arc length of 735.73 feetto a rebar with cap set, thence; 180) North 41 Degrees 16 Minutes 46 Seconds West a distance of 1925.44 feet to the point and place of beginning, said parcel having an area of 28,222,483 Square Feet, 647.90 Acres more or less. RECEIVED RECEIVED DCM WILMINGTON, NO NOV 2 2 2016 OCT 2 0 2016 DCM- MHD CITY IIII I IIII III IIIII IIII II II III I IIII I III B34s1 M. Cl nmo�s 36 POP Brunswick County, NC Register of Deeds page 19 of 22 169) North 84 Degrees 03 Minutes 59 Seconds West a distance of 94.54 feet, thence; 170) North 85 Degrees 47 Minutes 58 Seconds West a distance of 101.44 feet, thence; 171) South 89 Degrees 45 Minutes 54 Seconds West a distance of 121.21 feet, thence; 172) North 88 Degrees 56 Minutes 23 Seconds West a distance of 163.01 feet, thence; 173) South 40 Degrees 13 Minutes 16 Seconds West a distance of 87.10 feet, thence; 174) North 01 Degrees 15 Minutes 42 Seconds East a distance of 94.61 feet to a rebar with cap set, thence; 175) South 70 Degrees 33 Minutes 53 Seconds West a distance of 7245.24 feet to a rebar with cap set in the easterly right-of-way of NC Highway 133 (100 foot wide), thence; The following five courses and distances along the easterly right-of-way of said NC Highway 133 (10Q foot wide), 176) with a curve turning to the right having a radius of 5750.00 feet, a chord bearing of North 13 Degrees 27 Minutes 55 Seconds West, a chord length of 250.35 feet, for an arc length of 250.37 feet to a rebar with cap set, thence; 177) North 12 Degrees 13 Minutes 04 Seconds West a distance of 4422.58 feet to a rebar with cap set, thence; 178) North 12 Degrees 25 Minutes 50 Seconds West a distance of 855.50 feetto a rebar with cap set, thence; 179) with a curve turning to the left having a radius of 1460.00 feet, a chord bearing of North 26 Degrees 52 Minutes 00 Seconds West , a chord length of 727.97 feet, for an arc length of 735.73 feetto a rebar with cap set, thence; 180) North 41 Degrees 16 Minutes 46 Seconds West a distance of 1925.44 feet to the point and place of beginning, Said parcel having an area of 28,222,483 Square Feet, 647.90 Acres more or less. TOGETHER WITH any rights, if any, to land adjacent to the above - described excepted parcel lying below the mean highwater mark of Town Creek and the Cape Fear River. RECEIVED RECEIVED DCM WILMINGTON, NC NOV 2 2 2016 OCT 2 0 2016 DCM- MHD CITY II III I III III I I II I I III I I I I IIII I I I II III 83487 Pasaa m Qons-35'PROP Brunswick County, NC Register of Deeds page 20 of 22 EXHIBIT B Permitted Exceptions 1. Ad valorem taxes for 2014 and subsequent years. 2. Deed of Easement from Hargrove Bellamy and wife, Sarah E. Bellamy and Town Creek Timber Company to J. Holmes Davis, Jr. recorded in Book 474, Page 766, Brunswick County Registry. 3. Memorandum of Lease and Amendment to Lease between Town Creek Timber Company and BellSouth Carolinas PCS, IP recorded in Book 1166, Page 1011, Brunswick County Registry, as amended by Memorandum of Second Amendment to Option and Lease Agreement recorded in Book 3213, Page 412, Brunswick County Registry. 4. Declaration of Final Resolution of Claim to Submerged Lands recorded in Book 1259, Page 797, Brunswick County Registry as corrected by notice recorded in Book 2831, Page 1264, Brunswick County Registry. 5. Declaration of Final Resolution of Claim to Submerged Lands recorded in Book 1260, Page 157, Brunswick County Registry as corrected by notice recorded in Book 2846, Page 742, Brunswick County Registry. 6. Conservation Easement from Town Creek Timber Company to North Carolina Coastal Land Trust recorded in Book 1347, Page 728, Brunswick County Registry. 7. Conservation Easement from Town Creek Timber Company to North Carolina Coastal Land Trust recorded in Book 1386, Page 643, Brunswick County Registry. 8. Membership Application for Brunswick County Voluntary Agricultural District recorded in Book 2533, Page 1272, Brunswick County Registry. 9. Final Judgment in takings action captioned "United States of America, Plaintiff v. 10.4 acres of land more or less situated in the County of Brunswick, State of North Carolina and Lyell Realty Company, et al. and Unknown Owners, Defendants" recorded in Book 340, Page 363, Brunswick County Registry. 10. Matters depicted on plats recorded in Map Book 2, Page 78 and Map Book 6, Page 64, Brunswick County Registry. 11. The rights of others in and to any portion of the Property lying below the highwater mark of any navigable water. 12. Title to that portion of the Land within the burial grounds together with right of ingress, egress and regress thereto as recorded in Book 98, Page 433, Bruns i my Registry. RECEIVED CCM WILMINGTON, NC RECEI 53091219_3 NOV 2 2 2016 OCT 20 2016 MHD CITY IIIIIIIII III II I I I I III II I I III II I III III B34$1 t0 m 42-23-2013 .53:35.002 .ns PROP Brunswick County, NC Register of Deeds page 21 of 22 13. Title to any portion of the Land within the right of way of NC Highway 133. 14. Rights of way to Brunswick Electric Membership Corporation recorded in Book A8, Page 95 and Book A53, Page 143, Brunswick County Registry. 15. Permits to Southern Bell Telephone and Telegraph Company recorded in Book 53, Page 113 and Book 75, Page 287 of the Brunswick County Registry. 16. Rights of Way Agreement with State Highway and Public Works Commission recorded in Book 146, Page 512 of the Brunswick County Registry. RECEIVED NOV 2 2 2016 DCM— MHD CITY RECEIVED DCM WILMINGTON, NC 5309121913 OCT 2 0 2016 �������������1������l�11���11���1����� B3481of dP0602:mo �fs'222P EXHIBIT C Allocation of Rights in Conservation Easements To the extent permitted by the Conservation Easements, Grantee and Grantor agree as follows: (a) Grantor and Grantee shall each be allowed to keep 15 horses on their respective properties which are subject to the Conservation Easements. (b) Grantee shall be entitled to 65 acres of the allowable increase in land permitted to be used for agricultural or horticultural uses and activities. The remaining 35 acres shall be allocated to Grantor. RECEIVED NOV 2 2 2016 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC OCT 2 0 2016 530912193 MacPherson, Tara From: Steve Morrison <smorrison@lmgroup.net> Sent: Monday, November 07, 2016 10:36 AM To: MacPherson, Tara Cc: Laura Stasavich Subject: Pleasant Oaks application Attachments: 20161107102834. pdf Tara, Thanks for meeting on site last week at the Pleasant Oaks Plantation rice field. We have determined the total disturbed area within the 75' AEC is 246,509 square feet and the total disturbed area within the 30' buffer is 95,092 square feet. Regarding stabilization of the improved dike, there will be a silt fence erected along the outer dike wetland line and a coastal seed mix applied to the dike slopes and top. This is the same method used successfully on the other rice field dikes in Orton Plantation. I have attached a scan of the green cards we received from notification to the adjacent riparian landowners. Thanks again for your assistance. Steve Morrison I Environmental Consultant Direct: 452-0001 x 1903 1 Fax: 910.452,0060 1 Mobile: 910.471.0502 Email: smorrison(dilmaroup. net I Website: wwwJmgroup.net Land Management Group, Inc I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403 LMG LAND MANAGEMENT GROUP liNc. Environmental Consultants RECEIVED NOV 2 2 2016 DCM- MHD CITY REGLjVED DCM WILMINGTON, NC NOV 0 7 2016 LMG LAND MANAGEMENT GROUP nic. Environmental Consultants October 18, 2016 Ms. Tara MacPherson NC Division of Coastal Management 127 North Cardinal Drive Ext. Wilmington, N.C. 28405-3845 RE: CAMA Major Permit Application -Pleasant Oaks Plantation Rice Field Restoration and Protection Project, Brunswick County, NC Orton Plantation Holdings, LLC (owner/applicant) Tara, Please find the enclosed a CAMA Major Permit application for the proposed restoration and protection of the historic rice field at Pleasant Oaks Plantation, Brunswick County, NC. Please let us know if you have any questions regarding the enclosed application materials. As always, thank you for your assistance. Sincerely, Steve Morrison Environmental Consultant Enclosure(s): as stated RECEIVED NOV 2 2 2016 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC OCT 2 A 2016 www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, INC 28403 • P.O. Box 2522, Wilmington, INC 28402 NC Division of Coastal Management Major Permit Application Computer Sheet AECCLf4✓ff �pe Schedule' CDAITS a/ 6FR6� /l7y-C Applicant: Agent/Contractor: LIM Project Site County Staff: 7 I District: Wilmington Project Name Aw&.-is Ap, ro- I Rover File: A), Initial date of application submittal: /O ,d _7 Date application "received as complete" in the Field office & Fill SITE DESCRIPTI WPERMIT INFORMATION ORW: ❑Yes I INUp PNA: ❑Yes []No Photos Taken: Yes o❑ Setback Required (riparian): ❑Yes o Critical Habitat: Yes ❑No ❑Not Sure 15 foot waiver obtained: []Yes o HazardNotification Returned: []Yes o SAV: Yes o ❑Not Sure Shell Bottom: Yes No Not Temporary Impacts: s No Sure Sandbags: []Yes o ❑ Not Sure Did the land u i fication come Mitigati equired (optional): from county LUUP s []No❑Yes o Morato 'u Conditions: Envirdqm#ntal Assessment Done: ❑Yespo ❑NA Length of Shor line: 71. ❑Yes Vo ❑NA Shellfish Area i nafion: Project Descrip (code) Development Area: (code) "� Open -or- Closed p��J . I SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) �,l ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) wamp Waters (SW) ❑ High Quality Waters (HOW) Outstanding Resource Waters (ORW) W TLANDSIMPACTED 404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) etlands) ❑ (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina alterniflora) cynosuroides) Ll (DS) Salt or spike grass (Disfichlis (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE El No fee required - $0.00 111(A) Private w/ D&F up to 1 acre; 3490 El III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer - $100 11I(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 RECsiv Major development extension request - ❑ II. Public or commercial/no dredge $100 and/or fill - $400 NOV 2 I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWOagreement -$400 DCM- MHD C1T Applicant: Date: 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 CO Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 ese ne New Work FL Replace 5 CJlvly Maint ❑ ❑ Y New Work ET Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y [:IN New Work Replace Maint ❑ ❑ Y ❑ N New Work-Cl—Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ I ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount �- Dredge ❑ Fill Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ her Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED NOV 2 2 2016 DCM- MHD CITY 919-733-2293 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 10/12/06 MAJOR PERMIT FEE SCHEDULE Orton Plantation Holdings LLC / $475, CK #47549Brunswick 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 11. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 111, 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. 900 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 NOV 2 2 2016 DCM- MHD CIT`r DENR CAMA Daily Check Log for WIRO Date Received I Date De osifatl Check From • Nameol Permit Nobler Wndw Check Number I Ch k momf Per.R NumbeNComnronb Recei twR•WndRealka;•tW 10=016 Land Mana eme0t Gm Inc Odon Plantation Holdings LLC First Bank 4]549 ]5A0''ma far NC Pleasant Oaks PlanMion 133 SR TM 236]D > N W c� U W CD � � U fn- Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY Cmrsmor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director November 18, 2016 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo: • TJM Ocean Isle Partners / Brunswick Co. • Orton Plantation Holdings / Brunswick Co. • Armand Daniel, Jr. / New Hanover Co. Kyle & Heather: Please publish the attached Notice in the Monday, November 21, 2016 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to 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 stet # 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. cc: Sincerely, i—' Shaun K. Simpson Permitting Support & Customer Assistance Heather Coats - WiRO Doug Huggett - MHC Tyler Crumbley - USACE Sarah Young - DCM RECEIVED NOV 2 2 2016 State of Now Carolina I Environmental Quality I Coastal Management DC M - M H D CM;. T' 127 Cardinal Drive 8#., Wilmington, NC 28405 910-796-7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted on November 3, 2016 for development permits in Areas of Environmental Concern, adjacent to the AIWW, as designated under the CAMA: TJM Ocean Isle Partners, LLC proposed to perform maintenance excavation of the Ocean Isle Marina & Yacht Club basin, at 2001 Sommersett Rd., SW, near Ocean Isle Beach, in Brunswick County, and Armand Daniel, Jr. proposed to replace an existing bulkhead at 8624 Bald Eagle Lane, in Wilmington, New Hanover County. On November 2, 2016, Orton Plantation Holdings, LLC proposed to elevate an existing rice field dike and enhance existing features for rice production, at Pleasant Oaks Plantation, adjacent to the Cape Fear River, off of NC Hwy 133, in Winnabow, Brunswick County. The applications can be examined or copied at the office of Sean Farrell or Tara MacPherson (Orton) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) 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 December 12, 2016 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 NOV 2 2 2016 State of North Carolina I Eovvovmentel Quality I Coastal blmagement DCM- MHD CITY 127 Cardinal Drive E#., Wilmington, NC 28405 910-796-7215 'ell Existing MHW 9 30' Coastal Shoreline ^...^. Buffer Limn �' ' Existing Berm 75' Estuarine Shoreline •_� y„.q AEC Limit , _ , i i ' ` \''+ur B C ooSt MHW t rY r' ,9��--�.•�� fit, 10' �lJ "-...� ' A fi` ��' Onds ,A•weHan•"a^ Proposed Quarter Drain is i' • �'-10' ' 10' Wide, 4' Deep y • , ', ' 11' ,ter , � 1 !" , , , Ex. Field 24" Outlet Pipe i ' , • _ ' Y Y �'r Y y•� y with Water Control Structure ; i'L - - ;',tia'J ' , 14 10 1' p _V• _ ,1 j!' ij, ' 8'depth '�, ,'Q04�Netlands � 1i� Ex. Twin 48" Pond Outlet Pipes 7' depth it with Water Control Structures ( Field Inlet Pipe to be Extended to Limits of 1 Collector Drain Disturbance Y' Ex. 15" Field Inlet Pipe \ 1 with Water Control Structure '. ean�.aTam '� I'I1 1 I \ \ 1 1 Proposed Collector Drain 20' Wide graded 6'to 8' Deep (, t Sondhill Pond Limits of \ Disturbance Estimated wetland fill volume = 6,815 cy 6' depth ��• Estimated upland fill volume = 2,744 cy 1 Temporary Disturbance / Grading Limas ofIs / � within Diked Area = 24.2 acres Disturbance l\ PRELIMINARY; NOT FOR CONSTRUCTION 19 E C €61IUFX It )NMENTAL PERMITTING ONLY DCM WILMINGTON, NC I�OV 0 2 2016 a 404 Wetlands Existing Berm Proposed Berm Expansion 404 Wetland Fill (-1.2 acres). Avg width of wetland fill =15'. "a— Mean High Water ---------- 30' Coastal Shoreline Buffer — — — 75' Estuarine Shoreline AEC — — — — Proposed Quarter Drains (10' wide) — — Proposed Collector Drain (20' wide) 30' Coastal Shoreline Buffer Limit — 75' Estuarine Shoreline AEC Limit Existing Berm i Cape Fear River RECEIVED NOV 2 2 2016 DCM- MHD CITY Typ. Cross Section D-D' Quarter Drain I 4' I 2 Scale 1" _ Typ. Cross Section E-E' Collector Drain / Field Limits o 0isturbarxx Elev. o' `Elev. 1' 2uDiand 20, RteRi& GE I V I= D Lni;L_ Collector - 8W*It1� fiGTON, Drain Upland- Nov V 2 2016 Wedand Limit Scale 1" = 30' ILMNG ElfrGRnUPuc. Environmental Consultants 3805 Wrightsville Ave, SuAe 15 Nlmington, North Carahms 25403 Project: I Date: I noemon Data: Pleasant Oaks Plantation 6/6/2016 10/25/2016 Brunswick County, NC Srale: lob Number: 1"=200' 02-10-110P Title: Site Plan >neet numcer: Proposed Rice Field Restoration and Protection 3 of 6 MHW a 30' Coastal Shoreline Buffer Limit a 75' Estuarine Shoreline AEC Limit 'g �a 3 A' ,a. Ex. Field 24" Outlet Pipe with Water Control Structure Ex. Twin 48" Pond Outlet Pipes with Water Control Structures ii ii it ri it ii n i! Wetlands it i� t MHW li it i; !i jj^ r 7 —; L-i0' •` ` y 404 Wetlands ll a`;• Ile y -20' ii�,ytd' II T \ ll Ex. 15" Field Inlet Pipe +,..•;�^ with Water Control Struc[urey - \ lb �--i,ti PRELIMINARY; NOT FOR CONSTRUCTION DCM WIL. FOR ENVIRONMENTAL PERMITTING ONLY NOV 0 2 201t 71 404 Wetlands Existing Berm Proposed Berm Expansion 404 Wetland Fill (-1.2 acres). Avg width of wetland fill =15'. Pa Mean High Water ---------- 30' Coastal Shoreline Buffer 75' Estuarine Shoreline AEC Proposed Quarter Drains (10' wide) — — — Proposed Collector Drain (20' wide) 30' Coastal Shoreline Buffer Limit V75' Estuarine Shoreline AEC Limh LMNGE11PNt G&OOP • Env enrol Consultants 3a05 Wilmington, oft Ave', Carolina 2 15 Mlmington, North Carolina 28003 RECEIVED NOV 2 2 2016 DCM- MMD C 0 100 200 400 Project: Date: 6/6/2016 Revision Date: Pleasant Oaks Plantation 10/25/2016 Brunswick County, NC I Scale: iJob Number: in, _VLIInR Title: Site Plan-2014 Aerials imposed Rice Field Restoration M 4of6 NOV 022016 Cross Section A - A' Approx. Wetland Limit Approx. Wetland Limit Upland Fill ----\ r 8 vo 7 8 7 6 111 (V I I I I I 6 Welland Fill 4 1 1 1 1 1 f If If 4 Grading within 3 3 rice field 2 2 t:1 -iold F in q Fv V ley 0 -1 Ex. Berm -2 -2 Ex. Grade -3 -3 -4 -4 Width of Wetland Fill (approx) -5 -5 -6 -6 -7 -7 -8 -8 Cross Section B - B' Approx. Wetland Limit Approx. Wetland Limit RECEIVED Upland Fill 8 8 NOV 2 2 2016 7 7 6 6 DCM- MHD CITY 5 5 • Wetland Fill 4 4 3 ... Gradina within 3 RECEIVED rice field DCM WILMINGTON, NC 2 2 7 7 OCT 2 0 2016 0 0ld -2 -2 ExBerm -3 Ex. Grade __j -4 Horizontal Scale 1" = 5' tiQ -5 Vertical Scale 1" = 5- -5 Width of Wetland Fill (approx -6 Elevations NAVD 88 - 6 Project: Date: 6/6/2016 Revision Date: LMQ Pleasant Oaks Plantation LAND MANAGEMENT GROUT' — Brunsw ick County, NC Scale: J.b N.mber 1 ..=s 02-10-11OR Env,ronmental C.n,.Iwnts 805 Wrightsville Ave: Suite 15 Tale: Typical Cross Sections sheet Number: Wilmington, North Carolina 28403 Telephone: 910-452-0001 Cross 5 ions A & B 5 of r Cross Section C - C' Approx. Wetland Limit Approx. Wetland Limit 8 Upland Fill 8 7 '.fj 7 6 6 21 5 Wetland Fill 5 4 4 NO6 Grading within 3 3 rice fiel 2 1.1 Ex. Field Elev 15:11 C 0 0 Ex -2 -3 Ex. Grade -3 -4 - 4 -5 -5 -6 Width of Wetland Fill (approx) -6 Horizontal Scale 1" = 5' Vertical Scale 1" = 5' Elevations NAVD 88 RECEIVED NOV 2 2 2016 DCM- MHD CITY RECEIVED DW WILMINGTON, NC OCT 2 0 20% Daft: Revision Date: 6/6/2016 LMGBrunswick Pleasant Oaks Plantation Job Number. LAND MANAGE GROUP — 43WS County, NC Sole: 02-10-11OR Mghtsvile Ave; Suite 15 Tale; Typical Section Sheet Number: WilmirQM, Noft Caroline 28403 6 of 6 Telephone: 910452-0001 Cross Section C RECEIVE $Its NOV222016 'rrroper'y 6oundcy c DCM- MHD CI,, 53 /' / TP6 b rel P 4$ • , aw M!u ns d w�' •y Swdy i un : EuIE''�'im1i9 2Y0 P opey rEouncary , E 12OJ PB ye I x Eo- - Dew I r" /• m„'°; Im 25c 390 ly:.atj3 Sy PY•o �I 4I 45 4f3., 1fEal �. PE Pyi'.. �, y \ "icDe'Cy Courdary \\..... 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