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HomeMy WebLinkAbout20201674 Ver 1_CAMA Application_20201021 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Orton Plantation Holdings, LLC do Steve Morrison/Andy Dortch (LMG) 2. LOCATION OF PROJECT SITE: 9149 Orton Road SE, Winnabow, Brunswick County. Latitude: 34°3'53.96"N Longitude: 77°56'50.59"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-10/6/2020 Was Applicant Present- Yes (Agent from LMG) 5. PROCESSING PROCEDURE: Application Received - 9/4/2020 (initial), 10/7/2020 (complete) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Brunswick County Land Classification from LUP- Conservation (B) AEC(s) Involved: PTA, EW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Planned - N/A (F) Type of Structures: Existing - Dikes, irrigation canals, home with outbuildings, gardens, chapel, and maintenance sheds Planned - Elevated boardwalk and bridge (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) - 7,002 sq. ft. (shaded) (B) Non-Vegetated Wetlands -231 sq. ft. (Open water) (incorporated) (C) Other (Upland) -720 sq. ft. (boardwalk and pea gravel path) (D) Total Area Disturbed: - 7,953 ft2 (0.18 acres) (E) Primary Nursery Area: No (F) Water Classification: C:SW Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a 6' wide by 1,200' long elevated boardwalk. The boardwalk will include a 6' wide by 33' long covered bridge section (7' wide from drip edge) crossing a small Orton Plantation Holdings, LLC Page 2 creek feature (unnamed tributary). A total of 168' will be covered on walkway with the width being 6' over coastal wetlands. The applicant also proposes a 4' wide by approximately 75' long pea gravel path leading to the entrance of the boardwalk on each end. 9. PROJECT DESCRIPTION: To find the project site, travel west of US Hwy 74176 out of Wilmington to NC Highway 133 South towards Southport. Travel approximately 22.2 miles to Plantation Road SE. Continue approximately 1.1 miles more along Plantation Road SE to Orton Road SE. The property is located between NC Highway 133 to the west, Orton Creek to the south, the Cape Fear River to the east, and Lilliput Creek to the north. It is advisable to contact the applicant's agent to arrange a site visit as it is a large property and the project site may be difficult to access. The property consists of a 4,275-acre parcel; however, the applicant also owns multiple adjoining parcels. The parcel to the south is 381-acres and some of the proposed work will cross over into this southern parcel. The property is primarily undeveloped. Existing roadways lead through the parcel and other manmade structures include agricultural fields, irrigation canals, ditches, ponds, dikes as well as sheds, plantation home site, outbuildings, gardens, chapel, and cemetery. Existing roadways reach the project area from both the north and south but the two locations are separated by approximately 1,200 feet of coastal marsh including Spartina alterniflora, Spartina cynosuroides, Typha species. Some small high ground hummocks are present in the marsh area adjacent to the proposed boardwalk. The project area is adjacent to the Cape Fear River between the mouths of Orton Creek and Lilliput Creek. The applicant's parcels grant riparian rights to several miles of shoreline The project area is influenced by tidal flow; as such, plans reference Mean High Water (MHW). The waters of Orton Creek and Lilliput Creek are classified as C:SW and the Cape Fear River is classified as SC by the NC Division of Water Resources. They are not designated as Primary Nursery Area (PNA) by the NC Division of Marine Fisheries, nor open to the harvesting of shellfish. PROPOSED PROJECT: The applicant proposes to construct a 6' wide by 1,200' long elevated boardwalk. The boardwalk will include a 6' wide by 168' long section including the ramp to and ramp from the covered bridge section (-7' wide by 33' long over water) crossing a small creek feature. The applicant also proposes two 4' wide by approximately 75' long pea gravel paths leading to the entrances of the boardwalk. The proposed boardwalk would meander through low marsh coastal wetlands influenced by tidal flow from the Cape Fear River. The boardwalk would extend from a new home site to the existing historic plantation home and rice fields north of Orton Creek (see Sheet 2 of 6). The anticipated uses for the boardwalk and covered bridge are to provide pedestrian access to new and historical home sites while also creating access to gardens, cemetery, and rice field sites. The boardwalk and covered bridge would extend below MHW for about 1200' (- 7,200 sq. ft.) and the covered bridge will extend over approximately 33' of open water at - -2.4' at MHW (-- 231 sq. ft.). The deck boards of the covered bridge will be at least 6' above MHW. The piling-supported boardwalk decking will be elevated at least 3' above existing grade with coastal wetland vegetation. The boardwalk will have spaced wooden planking providing drip-through function. No impervious surfaces are proposed. Orton Plantation Holdings, LLC Page 3 Please Note: The second adjacent riparian property owner notification has been received by State of NC on 9/30/2020 (confirmation of certified mail receipt in application packet; signed green card has not been received as of 10/1212020). 10. ANTICIPATED IMPACTS: The elevated boardwalk will not require any grading or fill. Piling installation throughout low marsh coastal wetlands will be the main disturbance. Temporary increases in turbidity should be expected. Approximately 7,002 sq. ft. of coastal wetlands, 231 sq. ft. of open water incorporated, and 720 sq. ft. of upland will be impacted with the installation of the boardwalk, covered bridge, and pea gravel paths. Submitted by: Ben Brink Date: October 12, 2020 Office: Wilmington 4. DCM MP-1 Section 6.0 Additional Information 4.1 Section 6, a. Project Narrative The applicant, Orton Plantation Holdings LLC, purchased the property in November 2010 and has since been completing historic restoration work at the plantation. Construction of a new homesite is underway on a portion of the property located north of the historic plantation homesite and rice fields. The proposed project includes constructing a 1,200'x 6' elevated wooden walkway from the new homesite to the historic plantation homesite and rice fields south of Orton Creek. The walkway will feature a covered elevated bridge section over the creek. The walkway deck boards will be elevated a minimum of 3' over coastal wetland substrate and lateral support framing will be at least 6' above mean high water in the center portion of Orton Creek. The purpose of the walkway is to provide access to Orton Creek from both the new and historical homesites while also creating pedestrian access between the historical plantation, gardens, cemetery and rice field sites and the new homesite across Orton Creek to the north. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. RECEIVED OCT 01 2020 DCM WILMINGTON, NC Application for Major Development Permit—September 2020 Orton Plantation—Kendall Boardwalk Winnabow, Brunswick County, North Carolina 14 LMG LAND MANAGEMENT GROUP DAVEY4 compaer, September 29, 2020 TO: Benjamin Brink North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Orton Plantation Holdings LLC, Peter Talty CAMA Major Permit Application Request Benjamin, Please find enclosed an updated CAMA Major Permit application and supporting materials for the Orton Creek Kendall Walkway project located at Orton Plantation,adjacent to the Cape Fear River, Brunswick County, North Carolina. Adjacent riparian landowner notifications have been sent by certified mail and delivery confirmations are included. Please let me know if you have any questions or need anything in addition to accept the application as complete. Sincerely, I1 RECEIVED Andy Dortch Land Management Group SEP 2 9 2020 DCM WILMINGTON, NC Enclosure: CAMA Major Permit Application Package cc: Orton Plantation Holdings LLC, Peter Talty www.imgroup.net•info@lmgroup.net•Phone: 910.452.0001 •Fax:910.452.0060 3805 Wrightsville Ave.,Suite 15,Wilmington,NC 28403 RECEIVED 1. Form DCM-MP-1 APPLICATION for SEP 2 9 2020 Major Development Permit DCM WILMINGTON, NC (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 9. Primary Applicant/Landowner Information Business Name Project Name(if applicable) Orton Plantation Holdings, LLC Orton Plantation—Kendall Boardwalk Applicant 1: First Name MI Last Name Peter laity 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,37Lh Floor, 11 Times Square N/A New York NY ZIP Country Phone No. FAX No. 10036 USA 212-782-6295 NA Street Address(if different from above) City State ZIP NA Email peter.talty@bllc.com 2. Agent/Contractor Information Business Name Land Management Group Agent)Contractor 1: First Name MI Last Name Steve Morrison Agent/Contractor 2: First Name MI Last Name Greg Finch Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910-452-0001 ext. NA NA ext. NA FAX No. contractors NA NA Street Address(if different from above) City State ZIP NA Email smorrison(a7lmgroup.net;gfincht lmgroup.net Application for Major Development Permit--September 2020 Orton Plantation—Kendall Boardwalk Winnabow, Brunswick County, North Carolina 3. Project Location County(can be multiple) Street Address State Rd.# Brunswick 9149 Orion Road SE NA Subdivision Name City State Zip NA Winnabow NC 28479 Phone No. Lot No.(s) (if many, attach additional page with list) NA NA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Cape Fear River, Orton Creek 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 e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed EYes NNo work falls within, NA 4. Site Description a. Total length of shoreline on the tract(ft.) b. Size of entire tract(sq.ft.) Several miles -7002 acres, 305,007,120 sq.ft. c. Size of individual lot(s) d. Approximate elevation of tract above NHW(normal high water) or N/A NWL(normal water level) (If many lot sizes,please attach additional page with a list) 0-40' ENHW or NWL e. Vegetation on tract Typical native southeastern NC vegetation; rice fields, gardens and landscaping, coastal and 404 wetland species. f. Man-made features and uses now on tract Orton was developed as a rice plantation in 1725, including the gravity water system (dikes, rice trunks, irrigation canals, interior irrigation ditches, ponds)which has been maintained and updated since original construction. Additional man-made features include a historic plantation home with outbuildings, extensive gardens, chapel and maintenance sheds. g. Identify and describe the existing land uses adjacent to the proposed project site. Undeveloped, residential h. How does local government zone the tract? i, Is the proposed project consistent with the applicable zoning? CO-RR, Rural Low Density (Attach zoning compliance certificate,if applicable) ®Yes ❑No DNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes MNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. DYes ❑No ®NA If yes,by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes ❑No ®NA Register listed or eligible property? RECEIVED SEP 2 9 2020 Application for Major Development Permit—September 2020 DCM WILMINGTON, NC Orton Plantation--Kendall Boardwalk Winnabow, Brunswick County, North Carolina 2 m. (i) Are there wetlands on the site? ®Yes ❑No (ii)Are there coastal wetlands on the site? ®Yes ❑No • (iii)If yes to either(i)or(ii)above, has a delineation been conducted? ®Yes ❑No (Attach documentation,if available) n. Describe existing wastewater treatment facilities. Onsite septic. o. Describe existing drinking water supply source. Onsite wells. p. Describe existing storm water management or treatment systems. None. 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. The purpose of the walkway is to provide access to Orton Creek while connecting the historical plantation,gardens,cemetery and rice field sites to the new homesite across Orton Creek to the north. 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. Typical elevated wooden walkway construction methods will be used, equipment will be stored at the site. d. List all development activities you propose. Construction of en approximately 1,200-foot-long by 6-foot-wide elevated wooden walkway (includes raised bridge section over Orton Creek)with upland gravel approaches at either end. e. Are the proposed activities maintenance of an existing project, new work, New or both? f. What is the approximate total disturbed land area resulting from the Elevated walkway 6' Width x 1032 Length=6,192 Sq Ft proposed project? Bridge 6'Width x 168'Length=1,008 Sq Ft(33'over open water, 43'top of bank to top of bank) TOTAL=7,200 ®Sq.Ft or❑Acres No proposed site grading or disturbed land g. Will the proposed project encroach on any public easement, public ❑Yes No ❑NA accessway or other area that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges proposed. i. Will wastewater or stormwater be discharged into a wetland?-No new Oyes No DNA discharges ['Yes ❑No ®NA RECEIVED If yes,will this discharged water be of the same salinity as the receiving water? j. Is there any mitigation proposed? ❑Yes ®No DNA SEP 2 9 2020 If yes,attach a mitigation proposal. Application for Major Development Permit—September 2020 DCM WILMINGTON, NC Orton Plantation—Kendall Boardwalk Winnabow, Brunswick County, North Carolina 3 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items(a)—(f)are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed(with state application only)or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. 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 NC Department of Transportation Phone No. NA Address 300 Division Road,Wilmington, NC 28401 Name State of North Carolina,State Property Office Phone No.NA Address 116 W Jones St.,Raleigh, NC 27603 Name NA Phone No.NA Address NA g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee,and issuing dates. CAMA major permit 65-02 transfer to Orton Plantation Holdings, LLC,3/17/11. CAMA general permit 56605,Orton Plantation Holdings, LLC,5/26/11. USAGE nationwide permit 3 permit SAW-2011-00624,Orton Plantation Holdings, LLC, March 2012. CAMA major permit 83-12, Orton Plantation Holdings, LLC,7/17/12. CAMA major permit 87-15,Orton Plantation Holdings, LLC, 9/1/15. CAMA major permit 37-17,Orton Camp LLC and Orton Plantation Holdings, LLC, 3/23/17. CAMA major permit 46-17,Orton Plantation Holdings, LLC, 4/6/17. CAMA major permit 54-17, Orton Plantation Holdings,LLC, 4/25/17. CAMA major permit 37-17 minor modification,Orton Camp, LLC and Orton Plantation Holdings, LLC,9/23/19. h. Signed consultant or agent authorization form,if applicable. i. Wetland delineation,if 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. RECEIVED SEP 2 9 2020 DCM WILMINGTON, NC Application for Major Development Permit—September 2020 Orton Plantation—Kendall Boardwalk Winnabow, Brunswick County, North Carolina 4 7. Certification and Permission to Enter on Land 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. 1 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 the information provided in this application is truthful to the best of my knowledge. Date:_9/29/2020 Print Name: Greg Finch,Agent,Land Management Group Signature alei Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED SEP 2 9 2020 DCM WILMINGTON, NC Application for Major Development Permit—September 2020 Orton Plantation—Kendall Boardwalk Winnabow, Brunswick County, North Carolina 5 2. Form DCM MP-4 Structures (Construction within Public Trust Areas) 1. DOCKING FACILITY/MARINA CHARACTERISTICS This section not applicable a. (i) Is the docking facility/marina: b. (i)Will the facility be open to the general public? ['Commercial ❑Public/Government ❑Private/Community ❑Yes ❑No c. (i)Dock(s)and/or pier(s) d, (i)Are Finger Piers included? EYes ❑No (ii)Number If yes: (iii)Length (ii)Number (iv)Width (iii)Length (v)Floating ❑Yes ❑No (iv)Width (v)Floating ❑Yes ❑No e. (i) Are Platforms included? ❑Yes ❑No f. (i) Are Boatlifts included? ❑Yes ❑No If yes: If yes: (ii)Number (ii)Number (iii)Length (iii)Length (iv)Width (iv)Width (v)Floating ❑Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i)Number of slips proposed h. Check all the types of services to be provided. ❑Full service,including travel lift and/or rail,repair or maintenance (ii)Number of slips existing service ❑Dockage,fuel,and marine supplies ❑ Dockage("wet slips")only, number of slips: ❑ Dry storage; number of boats: ❑Boat ramp(s); number of boat ramps: ❑Other,please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served(e.g.,open runabout,charter ❑Land cut and access channel boats,sail boats,mixed types). ['Open water;dredging for basin and/or channel ❑Open water;no dredging required ❑Other; please describe: k. Typical boat length: I. (i) Will the facility be open to the general public? ['Yes ❑No m. (i)Will the facility have tie pilings? ❑Yes ❑No (ii)If yes number of tie pilings? RECEIVED SEP 2 9 ZDZD DCM WILMINGTON, NC Application for Major Development Permit—September 2020 Orton Plantation—Kendall Boardwalk Winnabow, Brunswick County, North Carolina 6 2. DOCKING FACILITY/MARINA OPERATIONS This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑Office Toilets ❑Toilets for patrons; Number: ❑Showers ❑Boatholding tank pumpout;Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste,fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i)Give the location and number of"No Sewage Discharge"signs proposed. (ii)Give the location and number of"Pumpout Available"signs proposed. f. Describe the special design,if applicable,for containing industrial type pollutants,such as paint,sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and"No Wake"signs proposed. i. Give the location of fuel-handling facilities,and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live-aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina,what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB),or other wetlands(WL)? If any boxes are checked,provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ['None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes,give the name and address of the leaseholder(s),and give the proximity to the lease. RECEIVED SEP 2 9 2020 ACM WILMINGTON, NC Application for Major Development Permit—September 2020 Orton Plantation—Kendall Boardwalk Winnabow, Brunswick County, North Carolina 7 3. BOATHOUSE(including covered lifts) This section not applicable a. (I) Is the boathouse structure(s): ['Commercial ❑Public/Government ❑PrivatelCommunity (ii)Number (iii)Length (iv)Width Note: Roofed areas are calculated from dnpline dimensions. 4. GROIN(e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) M This section not applicable a. (i) Number (ii)Length (iii)Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) This section not applicable a. Length b. Average distance from NHW, NWL,or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS This section not applicable a. Is the structure(s): b. Number ❑Commercial ❑Public/Government ❑PrivatelCommunity C. Distance to be placed beyond shoreline d. Description of buoy(color, inscription,size,anchor,etc.) Note: This should be measured from marsh edge,if present. e. Arc of the swing 7. GENERAL a. Proximity of structure(s)to adjacent riparian property lines b. Proximity of structure(s)to adjacent docking facilities. Greater than 15'to the north and south. No nearby structures. Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body d. Water depth at waterward end of structure at NLW or NWL Orton Creek varies in width, approximately 33' open water —-4' NLW at bridge crossing crossing at walkway bridge section,43'top of bank to top of bank. RECEIVED e. (i) Will navigational aids be required as a result of the project? ❑Yes No DNA SEP 2 9 Z020 (ii)if yes,explain what type and how they will be implemented. NA DCM WILMINGTON, NC Application for Major Development Permit—September 2020 Orton Plantation—Kendall Boardwalk Winnabow, Brunswick County, North Carolina 8 8. OTHER ❑This section not applicable a Give complete description: The applicant proposes to construct a —1,200' x 6' elevated walkway from the new homesite to access Orton Creek and the opposite shoreline of the Orton property. This piling supported structure will feature a section crossing the open water of Orton Creek described in the MP-5 Bridges and Culverts form. The bridged section is included in the 1,200' length. The bottom of the deck boards crossing the coastal wetlands will be a minimum of 3' above the substrate. The bridge section over Orton Creek will have a minimum 6' separation between the bottom of the lateral support members and the elevation of mean high water at the creek center. At each end of the walkway, there will be a 4' wide gravel path extending 75' landward in upland. The walkway will begin approximately 10' landward of mean high water at each end. No site grading or impervious surfaces are proposed. 9/29/2020 Date Orton Plantation—Orton Creek Walkway Project Name Peter Tatty Applicant Name £ u tr+ ,Agent, Land Management Group Applicant Signature RECEIVED OCT o7 20 ACM WILMINGT20ON, NC Application for Major Development Permit—September 2020 Orton Plantation—Kendall Boardwalk Winnabow, Brunswick County, North Carolina 9 3. Form DCM MP-5 BRIDGES and CULVERTS I. BRIDGES ❑T'his section not applicable a. Is the proposed bridge: b. Water body to be crossed by bridge: ❑Commercial ❑Public/Government ®Private/Community Orton Creek c. Type of bridge(construction material): d. Water depth at the proposed crossing at NLW or NWL: Treated Wood —4' NLW e. (i)Will proposed bridge replace an existing bridge? EYes ®No f. (i)Will proposed bridge replace an existing culvert? [Yes No If yes, If yes, (ii)Length of existing bridge: (ii)Length of existing culvert: (iii)Width of existing bridge: (iii)Width of existing culvert: (iv)Navigation clearance underneath existing bridge: (iv) Height of the top of the existing culvert above the NHW or (v) Will all, or a part of, the existing bridge be removed? NWL: (Explain) (v) Will all, or a part of, the existing culvert be removed? (Explain) g- Length of proposed bridge: 33' over open water ; 43' Top of h. Width of proposed bridge: 6' Bank to Top of Bank;total bridge section with incline over coastal wetlands is 168' i. Will the proposed bridge affect existing water flow? ❑Yes No j. Will the proposed bridge affect navigation by reducing or increasing If yes,explain: the existing navigable opening? ❑Yes No If yes,explain: k. Navigation clearance underneath proposed bridge: Minimum 6' I. Have you contacted the U.S. Coast Guard concerning their above mean high water elevation in the central portion of approval? ❑Yes No the creek If yes,explain: m. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands: Walkway will have a waters? ®Yes ❑No minimum separation between the bottom of the deck boards If yes,explain: An elevated walkway will extend from each end of and marsh substrate of 3'. the bridge section across coastal wetlands to the upland RECEIVED SEP 2 9 20Z0 DCM WILMINGTON, NC Application for Major Development Permit—September 2020 Orton Plantation—Kendall Boardwalk Winnabow, Brunswick County, North Carolina 10 2. CULVERTS ®This section not applicable a. Number of culverts proposed: b. Water body in which the culvert is to be placed: c. Type of culvert(construction material): d. (i)Will proposed culvert replace an existing bridge? e. (i)Will proposed culvert replace an existing culvert? ['Yes ❑No Fives ❑No If yes, If yes, (ii)Length of existing bridge: (ii)Length of existing culvert(s): (iii)Width of existing bridge: (iii)Width of existing culvert(s): (iv) Navigation clearance underneath existing bridge: (iv) Height of the top of the existing culvert above the NHW or (v)Will all,or a part of,the existing bridge be removed? (Explain) NWL: (v) Will all, or a part of, the existing culvert be removed? (Explain) f. Length of proposed culvert: g. Width of proposed culvert: h. Height of the top of the proposed culvert above the NHW or NWL. E. Depth of culvert to be buried below existing bottom contour. j. Will the proposed culvert affect navigation by reducing or increasing k. Will the proposed culvert affect existing water flow? the existing navigable opening? ❑Yes ❑No ['Yes ❑No If yes,explain: If yes,explain: RECEIVED SEP 2 9 2020 DCM WILMINGTON, NC Application for Major Development Permit—September 2020 Orton Plantation—Kendall Boardwalk Winnabow, Brunswick County, North Carolina 11 3. EXCAVATION and FILL This section not applicable a. (i)Will the placement of the proposed bridge or culvert require any b. (i)Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? ❑Yes ❑No excavation within coastal wetlands/marsh (CW), submerged If yes, aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square (ii)Avg. length of area to be excavated: _ feet affected. (iii)Avg.width of area to be excavated: ❑CW ❑SAV ❑SB (iv)Avg.depth of area to be excavated: ❑WL ENone (v)Amount of material to be excavated in cubic yards: (ii)Describe the purpose of the excavation in these areas: NA c. (i)Will the placement of the proposed bridge or culvert require any high-ground excavation? plies ❑No If yes, (ii)Avg.length of area to be excavated: (iii)Avg.width of area to be excavated: (iv)Avg.depth of area to be excavated: (v)Amount of material to be excavated in cubic yards: d. If the placement of the bridge or culvert involves any excavation,please complete the following: (i) Location of the spoil disposal area: (ii)Dimensions of the spoil disposal area: NA (iii) Do you claim title to the disposal area? ❑Yes ❑No (If no, attach a letter granting permission from the owner.) (iv)Will the disposal area be available for future maintenance? ❑Yes ❑No (v)Does the disposal area include any coastal wetlandslmarsh(CW),submerged aquatic vegetation(SAVs),other wetlands(WL),or shell bottom (SB)? ❑CW ❑SAV ❑WL ❑SB ❑None If any boxes are checked,give dimensions if different from(ii)above. (vi)Does the disposal area include any area below the NHW or NWL? ❑Yes ❑No If yes,give dimensions if different from(ii)above. e. (i)Will the placement of the proposed bridge or culvert result in any f. (i)Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above)to fill (other than excavated material described in Item d above)to be placed below NHW or NWL? ❑Yes ❑No be placed within coastal wetlands/marsh (CW), submerged If yes, aquatic vegetation (SAV), shell bottom (SB), or other wetlands (ii)Avg.length of area to be filled: (WL)? No If any boxes are checked, provide the number of square feet affected. (iii)Avg.width of area to be filled: ❑CW ❑SAV LISB (iv)Purpose of fill: ❑WL ❑None (ii)Describe the purpose of the excavation in these areas: g. (i)Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above)to be placed on high-ground? ❑Yes ❑No If yes, (ii)Avg.length of area to be filled: RECEIVED (iii)Avg.width of area to be filled: (iv)Purpose of fill: S E P 2 9 2020 DCM WILMINGTON, NC Application for Major Development Permit—September 2020 Orton Plantation—Kendall Boardwalk Winnabow, Brunswick County, North Carolina 12 4. GENERAL a. Will the proposed project require the relocation of any existing utility b. Will the proposed project require the construction of any temporary lines? ['Yes No detour structures? ❑Yes No If yes,explain: If yes,explain: If this portion of the proposed project has already received approval from local authorities, please attach a copy of the approval or certification, c. Will the proposed project require any work channels? d. How will excavated or fill material be kept on site and erosion Eves No controlled? if yes,complete Form DCM-MP-2. N/A e. What type of construction equipment will be used (for example, f. Will wetlands be crossed in transporting equipment to project site? dragline,backhoe,or hydraulic dredge)? ❑Yes No Piling jet, bobcat, backhoe If yes, explain steps that will be taken to avoid or minimize — environmental impacts. Bridge and connecting walkway will be constructed from advancing the structures out over the wetlands without equipment being placed on the wetland surface. g. Will the placement of the proposed bridge or culvert require any shoreline stabilization? EYes No lf yes,complete form MP-2,Section 3 for Shoreline Stabilization only. 9/29/2020 Date Orton Plantation—Orton Creek Walkway Project Name Peter Talty Applicant Name G'> F J ,Agent, Land Management Group RECEIVED Applicant Signatuee S E P 2 9 2024 DCM WILMWGTON, NC Application for Major Development Permit—September 2020 Orton Plantation—Kendall Boardwalk Winnabow, Brunswick County, North Carolina 13 rSTATEof aw+r�. - / ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S.REGAN Secretary BRAXTON C.DAVIS October 12, 2020 Director Land Management Group, Inc. c/o Mr. Steve Morrison and Andy Dortch 3805 Wrightsville Ave, Suite 15 Wilmington, NC 28403 Dear Mr. Morrison and Mr. Dortch: The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Orton Plantation Holdings, LLC for State approval for the construction of an elevated wooden boardwalk and a bridge crossing an unnamed tributary off the Cape Fear River, located at 9149 Orton Road SE, in Winnabow, Brunswick County. It was received as complete on October 7, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is December 21, 2020. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from December 21, 2020, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sinc ely, Ben Brink Field Representative cc: Tara MacPherson, DCM USAGE Curt Weychert, MHC Peter Talty, Applicant Robb Mairs, DWR DE Q1 nwar6 aster Pin:mental qi,� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 910.796.7215 11 C 1;I4ktE1t‘2o)k 1cz1uHWOL-_oL-ji rPM.r1 IEaIII ., �► J o0Ut. t.z 10=o. I cCcc0•otD$ iI 0_ a� - N W , m ,_ a Q W w o � o _ . W., E4 C v 'Q Q � 1.ffi .► o n ,' D. y . .. � o • - . T 1 Z CCW o = • 4119 0 n 0 PIO 11 W 0 0 - ID CO Ir - D la y , I. va .fI CC ql I Aft • I p " • 0 vw 4 -I ,.. W • F - - , ': w co •„,„) •I 'LI - 4.I.14 . i U o . ir 4 4 c. a o a ., a) z o ' M u) o f I I ' ° �L d .. _ Q' 1-. -. CCO et LIJ fit G U 2 .. o O as 1 ! a) 2 z j, 14.7 � r, E a '� 1 rq .. Q d 3 23 _ ROY COOPER Governor lb r MICHAEL S. REGAN Secretary NORTH CAROLINA BRAXTON DAVIS Environmental Oual th' Director,Division of Coastal Management October 21,2020 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington,North Carolina 28402 Re: Major Public Notice for: • Dellaine Risky,Emmett Aldredge Jr.,Elizabeth Lennon/New Hanover County • John Walker/Fender County • Orton Plantation Holdings,LLC/Brunswick County Hello Angie: Please publish the attached Notice in the Saturday,October,24,2020 issue. The State Office of Budget & Management requires an original. Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington,NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer,(Customer No. 70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions,please contact me at our Wilmington office. cerely, _ T. ,f .Pietila Permitting Support&Customer Assistance cc: MHC Files Curt Weychert—WiRO/MHC USACE State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext.,Wilmington,NC 28405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On October 16, 2020, Dellaine Risley, Emmett Aldredge Jr., and Elizabeth Lennon proposed maintenance and new dredging for a private boat basin & access channel at 2010, 2016,2020& 2028 Deep Creek Run, adjacent to the AIWW,in Wilmington,New Hanover County;on October 15, 2020, John Walker proposed to expand an existing docking facility from two (2) to five (5) slips at 435 Hughes Rd.,adjacent to Mill Creek, in Hampstead,Fender County;and on October,12,2020, Orton Planation Holdings, LLC proposed to construct a 1200' long elevated boardwalk with pea gravel on each end at 9149 Orton Road SE., adjacent to the Cape Fear River, in Winnabow, Brunswick County. Copies of these applications can be examined or copied at the office of Katharine Elks (New Hanover County), Jason Dail (Fender County) or Ben Brink (Brunswick County) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext.,Wilmington,NC 28405, (910) 796-7424 for New Hanover County, (910) 796-7221 for Fender County or(910) 796-7425 for Brunswick County during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue,Morehead City,NC 28557-3421,prior to November 14,2020 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Peter Talty Mailing Address: Orton Plantation Holdings, LLC 37th Floor, 11 Times Square, New York, N.Y. 10036 Phone Number: 212-782-6295 Email Address: peter.taltyAbllc.com ! certify that I have authorized Land Manaqement Group, Agent I Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Construction of a raised wooden cartpathlwalkway across marsh and tidal ditch at my property located at Orton Plantation, 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. wner Information: gnaturere'�(' 1 Pri Type Name f VU Title Date This certification is valid through 12/31/23 41,MG LAND MANAGEMENT GROUP a DitaMA company September 4, 2020 NC DEPARTMENT OF TRANSPORTATION 300 DIVISION ROAD WILMINGfON, NC 28401 To Whom It May Concern: This letter serves to notify you of the proposed construction on the interior portion of the Orton Plantation property. Enclosed are plans for a proposed walkway over Orton Creek east NC HWY 133. A NC CAMA Major permit is required for the construction of the walkway under the Coastal Area Management Act. As an adjacent riparian owner to the project, you are required by the permit application process to be notified. A copy of the CAMA permit application (narrative, application forms, and figures) as it has been submitted to NC DCM is enclosed. Please review the attached permit application and drawings. Appendix B of the application may be delivered upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Benjamin Brink North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at adortch(almgroup.net Sincerely, t RECEIVED 2-9 Andy Dortch, Agent 2020 Land Management Group Enclosures DCM W1LM1NGT®l��N. www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 4LMG LAND MANAGEMENT GROUP a DAVEYI company September 4, 2020 STATE OF NORTH CAROLINA 116 W JONES STREET RALEIGH, NC 27603 To Whom It May Concern, This letter serves to notify you of the proposed construction on the interior portion of the Orton Plantation property. Enclosed are plans for a proposed walkway over Orton Creek east NC HWY 133. A NC CAMA Major permit is required for the construction of the walkway under the Coastal Area Management Act. As an adjacent riparian owner to the project, you are required by the permit application process to be notified. A copy of the CAMA permit application (narrative, application forms, and figures) as it has been submitted to NC DCM is enclosed. Please review the attached permit application and drawings. Appendix B of the application may be delivered upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Benjamin Brink North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at adortch©lmgroup.net Sincerely, RECEIVED Andy Dortch, Agent sEp 9 2-0a0 Land Management Group E DGM WILMINGTO nclosuresN, NG www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 U.S. Postal Service,, = CERTIFIED MAIL., RECEIPT ,q m (Domestic Mail Only;No Insurance Coverage Provided) ru For delivery information visit our website at www.usps.comz = Wiimin9ton, NC 28401 il N „......,,,„.....,.,\\"1,;,- u-, $3.51V.-‘ ------- 0406 Postage Oc: , 59, • 1=1 I= Certified Fee DJ Postmark [71 Return Receipt Fee ,!, (Endorsement Required) I M Restricted Delivery Fee r•- (Endorsement Required) / L.ri • i ru ' 1111111111111 - Total Postage&Fees . -03/04/j020/ Ln m Sent To 1,. c (-)eek cis \ on 0.0k4t36.Lopnl N Street ROL No.; or PO Box No. SO) ()Vv.:S'N.1". o t City State, ,11. • . rt .,... 1\513-Th AC ,(Ac. \ ,,.. PS Form 38130.June 2002 See Reverse for Instructions U.S. Postal Servicei, cl- CERTIFIED MAIL., RECEIPT m (Domestic Mail Only;No Insurance Coverage Provided) ru ______ - For delivery information visit our website at www.usps.corn.: .i- ' SN .it. EZ3 RorkOsip' fic 7f. Viket-- .. Postage 1=1 P Certified Fee P ' 4-'-.Fatmaric 1=1 Return Receipt Fee (End Hereorsement Required) i=1 Restricted Delivery Fee F'- {Endorsement Required) 11.J $2.Imam r Total Postage&Fees i- 9/04-/t020 - . LnD Sent_oT D C- --\---- -c_ O4- orkk.-.CA.caV r,o. r- Struet,Apt No.; or PO Box Na \X kl) La ...70 0..4L. City,State,ZIPSA-4 11--°•\t• \'' ‘1 (.,i PS Form Form 3000.June 2002 See Reverse for Instructions I 1 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signets • Print your name and address on the reverse K (Y9% Litigrgent so that we can return the card to you. v Addressee • Attach this card to the back of the mailpiece, B Re 1 {P err a>:re) or on the front if space permits. �fV! 1. Article Addressed to: 0. Is delivery address di orent from item,Itte El Yes If YES,enter delivery address below: p No 11 `A,c L. `si-lob 3. Service Typo d PriorSty Mall Express Ii F III111 I1 I1I1IIIIIVI1I 1 r11lII111I 0 Adult Signature CI e * 0 Adult Restricted Delivery 0 Registered MallRestric Restricted 0 Certified Delivery 9590 9402 5776 0003 9680 30 0 Certified Mall Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchenthee 2. Article Number rrmincr.r brim mruin.r.,r,..n 0 Collect on DeltveryRestricted Delivery 0 Signature Con irmatlonr^" 7005 2570 0000 5704 2314 oIn9[ir dMured allftr�strictedDelivery l 0 ReReshlct Confirmation - _ (over$540 PS Form 3811,July2015 PSN 7530-02-000-9053 AD \( ,1`(T 1 ;\\\ Domestic Return Receipt RECEIVED SEP 2 9 7Q7� DCM WiLMINGTON. NC CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Orton Plantation Holdings, LLC Name of Property Owner: 9149 Orton Road SE Address of Property: (Lot or Street#, Street or Road, City & County) Steve Morrison 3805 Wrightsville Ave STE 15 Agent's Name#: Mailing Address: Agent's phone#:910-452-0001 Wilmington NC 28403 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. AKH I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed,you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available athttp://www.nccoastalmanagement.net/web/cm/staff-listing or by calling 1-888-4RCDAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below,) RECEIVED I do wish to waive the 15' setback requirement. SEP 2 9 2020 AKH I do not wish to waive the 15' setback requirement. DCM WILloimr;TON, NC (Property Owner Information) (Riparian Property Owner Information) $1eve Radvi404,, Agent 4 7 any Signature Signature Steve Morrison Angel Hammers, Engineering Tech NCDOT Print or Type Name Print or Type Name 3805 Wrightsville Ave STE 15 300 Division Drive Mailing Address Mailing Address Wilmington NC 28403 Wilmington NC 28401 City/State/Zip City/State/Zip 910-452-0001 /smorrison@Imgroup.net 910-398-9100/akhammers@ncdot.gov Telephone Number/Email Address Telephone Number/Email Address 9/24/2020 9/24/2020 Date Date (Revised Aug. 2014) FAQS > USPS Tracking® Track Another Package + RECEIVED SEP 2 9 2020 DCM WILMINGTON, NC Tracking Number: 70052570000057042314 Remove X Your item was delivered to the front desk, reception area, or mail room at 3:36 pm on September 8, 2020 in WILMINGTON, NC 28401. Delivered CD September 8, 2020 at 3:36 pm Delivered, Front Desk/Reception/Mail Room WILMINGTON, NC 28401 Get Updates u Text & Email Updates u Tracking History September 8, 2020, 3:36 pm Delivered, Front Desk/Reception/Mail Room WILMINGTON, NC 22401 Your item was delivered to the front desk, reception area, or mail room at 3:36 pm on September 8, 2020 in WILMINGTON, NC 28401. September 8,2020 In Transit to Next Facility September 6, 2020, 10:22 pm Departed USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX September 5, 2020, 3:55 pm Arrived at USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX RECEIVED September 5, 2020, 12:57 am S E P 2 9 2U JJ Arrived at USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER DCM WILMINGTON, NC September 4, 2020, 11:06 am USPS in possession of item WILMINGTON, NC 28403 Product Information V m Cr a7 See Less " 0 Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs USPS Tracking® FAQs > Track Another Package -I- Tracking Number: 70052570000057042307 Remove X Your item was delivered at 10:29 am on September 30, 2020 in RALEIGH, NC 27640. �✓ Delivered September 30, 2020 at 10:29 am Delivered a RALEIGH, NC 27640 v n Get Updates V Text & Email Updates Tracking History September 30, 2020, 10:29 am Delivered RALEIGH, NC 27640 Your item was delivered at 10:29 am on September 30, 2020 in RALEIGH, NC 27640_ September 30, 2020, 9:39 am Out for Delivery RECEIVED RALEIGH, NC 27603 OCT 01 202r September 30, 2020, 9:28 am DCM WILMINGTON, lUC Arrived at Unit RALEIGH, NC 27611 September 29, 2020, 10:15 pm Departed USPS Regional Facility RALEIGH NC DISTRIBUTION CENTER September 29, 2020 In Transit to Next Facility September 5, 2020, 1:18 pm Arrived at USPS Regional Facility RALEIGH NC DISTRIBUTION CENTER September 5, 2020, 12:57 am Arrived at USPS Regional Origin Facility CHARLOTTE NC DISTRIBUTION CENTER September 4, 2020, 11:05 am USPS in possession of item -n WILMINGTON, NC 28403 Q o- Product Information See Less Can't find what you're looking for? 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REGAN Secretary BRAXTON DAVIS NORTH CAROLINA Director,Division of Coastal Environmental Duality Management October 20, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ- Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.weychert@NCDEN R.gov SUBJECT: CAMA Applicant: Orton Plantation Holdings, LLC Project Location: 9149 Orton Road SE, adjacent to the Cape Fear River in Winnabow, Brunswick County Proposed Project: Proposal to construct a 6'wide x 1200'long elevated boardwalk. The boardwalk will include a 6'wide x 33'long covered bridge (7'wide from drip edge) crossing a small creek feature (unnamed tributary). A total of 168'will be covered on walkway with the width being 6'over coastal wetlands. The applicant also proposes a 4'wide by approx. 75'long pea gravel path leading to the entrance of the boardwalk on each end. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by November 14, 2020. If you have any questions regarding the proposed project, contact Ben Brink at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE State of North Carolina Environmental Quality I Coastal Management 127 Cardinal Drive Ext.,Wilmington,NC 28405 919 796 7215 Orton Plantation Holdings,LLC New Tax Parcel Numbers 1. Orton Plantation, LLC Tract:*14400001 (Rouse, Grounds &Rice Field) rt 30014 3M s PtL (trlav rw.11•� Dcc i) 2. Orton Longleaf,LLC CE Tract: *1440000111 (Elijah's House- 252.52 acres) *1440000112 (Big Field- 179.04 acres total) r 3� �P �7 ` 1440000110 (Triangle Tract,MB 63, Pg. 24) Bo '1 1440000104 (Tower Site) Dt.. 1440000103 (Cemetery) 15900002 (Spoil area) Zee L l �4 r1 8 3. Orton Longleaf, LLC Tract: }; yu4 *1440000113 (Tract 4- our survey-3984.13 acres)> Elea. 1104 1?414.. S 3 gN,..41.1•4 116.4 4. Lilliput Interests,LLC Tract: *1440000114(Tract 5- our survey-2734.62 acres) *1440000118 (Tract 3-our survey-422.87 acres) S4 0 *1440000115 (Tract 5A-our survey-9.44 acres) � s *1440000116 (Tract.6- our survey-4.23 acres) "' Y41 �"�� *1440000117 (Tract 7- our survey- 4.47 acres) 3 a. •:i' . . i [Ill1liillll 1il1lfl , IIII III III P@55m:ti,s-4®'. 00 Brunswick County, NC Register of Deeds page 1 of 5 Brenda M. Clemmons Register of Deeds 1f-10-2010 15:00:41.000 Brunswick County, NC NC REVENUE STAMP: $6000.00 {#238186) • PREPARER HAS NOT SEARCHED AND DOES NOT CERTIFY TITLE TO THE PROPERTY DESCRIBED HEREIN Ret Prepared by: C,{ Iv I Cki45 IC $ ����� Cash McGuireWoods LLP Refund:_ _Cash ti Finance Ci Partials cacumant are il,eVedua to condition 300 North Third Street, Suite 400 of original. Wilmington,North Carolina 28401 1-7 C:r.arr::atcortains sealsveri`ed'ayoriginal coot that cal itot be reproduced orcopled, Revenue Stamps: $6,000.00 Tax Parcel Numbers: Parcel Number 14400001 STATE OF NORTH CAROLINA GENERAL WARRANTY DEED COUNTY OF BRUNSWICK THIS GENERAL WARRANTY DEED(this"Deed"), dated as of November /n , 2010, is made by ORTON PLANTATION,LLC,a North Carolina Iimited liability company (the"Grantor"),to ORTON PLANTATION HOLDINGS,LLC, a Delaware limited liability company (the"Grantee"),whose address is 1251 Avenue of the Americas, 17th Floor,New York, New York 10020. WITNESSETH: THAT the Grantor, by these presents does grant, assign,transfer and convey unto the Grantee,in fee simple, all of Grantor's right,title and interest in and to that certain property situated in Brunswick County,North.Carolina; and more particularly described on Exhibit A attached hereto. TO HAVE AND TO HOLD the aforesaid property,together with all easements, tenements,privileges and appurtenances thereunto belonging to the Grantee in fee simple forever. 11-10-2010 inti 11� 1 ll 11111111 111111111 1?Ir3eln°c11 °5 i fAlhOn6 41.v= Brunswick County, NC Register of Deeds page 2 of 5 And the Grantor covenants with the Grantee,that Grantor is seized of the said premises in fee simple and has the right to convey the same in fee simple; that the same are free from encumbrances;and that the Grantor will warrant and defend the title against the claims of all persons whatsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the exceptions set forth in Exhibit B attached hereto. IN WITNESS WHEREOF,the Grantor has duly executed this Deed, all as of the day and year first above written. GRANTOR: ORTON PLANTATION,LLC $y; L urence G Spru M ager By: David , prunt,Manager 2 !litIT 'i fll 1I B3 04PBf1-10-2Q10 County,tl IC gegister of peels P2::'T:.4�fl©0 STALE OF NORTH CAROLINA Bminswick COUNTY OF N zv kkuoveAr I, 1 'f (. AALU O " ,a Notary Public of the County and State aforesaid,certify that Laurence G. Sprunt and David H. Sprunt personally appeared before me this day and acknowledged that they are the Managers of Orton Plantation,LLC, a North Carolina limited liability company (the"Company"), and that they,as the Managers of the Company,being authorized to do so,voluntarily executed the foregoing instrument on behalf of the Company for the purposes stated therein. I certify that the Signatory personally appeared before me this day,and (check one of the following): I (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory's identity, by a current state or federal identification with the Signatory's photograph in the form of: (check one of the following) a driver's license; or other(describe: ); or (a credible witness has sworn to the identity of the Signatory). WITNESS my hand and official seal this day oft1VQ,rrief , 2010. 5/A Notary Public -lb Y[ Oar„pj—"" My commission expires: �`.�rOs t ilk �P��� (type or print name) GIV NOTARY (NOTARIAL SEAL) �• PUBLIC • 3 19 to 2010 • P@m a.5g °54, Brunswick County, NC Register of Deeds page 4 of 5 Exhibit A Orton House, Gardens and Rice Field Tract: BEGINNING in the western line of the Cape Fear River at the mouth of Orton Creek,and running thence westwardly in the run of Orton Creek 2,700 feet, more or less,to its intersection with the former boundary line between Orton Plantation and Kendall Plantation, said intersection being 300 feet,more or less, northeastwardly from where Orton Creek turns sharply toward the south; thence South 40.00 degrees West I,262.09 feet to a point;thence North 66 degrees 05 minutes 30 seconds West 1,670.90 feet to a point; thence South 30 degrees 27 minutes 27 seconds West 412.38 feet to a point in the centerline of State Road 1530;thence southwardly in the centerline of State Road No. 1529 to its intersection with the center of the pipe outlet running under said State Road on Orton Pond dam; thence eastwardly in the run of a small creek leading from said pipe outlet to an iron pipe in the middle of an unpaved road, said iron pipe having North Carolina Grid coordinates of North 113,49 7.02 and East 2,318,63 7.99 NAD 83, said iron pipe also being in a northerly line of that tract deeded to Kenneth M. Sprunt by Deed recorded in Book 791 at Page 464 in the Brunswick County Registry;thence South 82 degrees 44 minutes 14 seconds East 217.83 feet, along said small creek to its intersection with the high water line of a rice field; thence along the high water line of said rice field in a southerly direction to a point that is South 10 degrees 04 minutes 51 seconds West 829.04 feet from the point of intersection of said small creek with the high water line of said rice field;thence South 73 degrees 51 minutes 33 seconds East 49.98 feet to a point in a dike; thence North 60 degrees 55 minutes 32 seconds East 145.63 feet to a point in said dike; thence South 83 degrees 33 minutes 45 seconds East 213.45 feet to a point in said dike; thence South 60 degrees 50 minutes 29 seconds East 174.45 feet to a point in said dike;thence South 81 degrees 48 minutes 15 seconds East 392.87 feet to a point in said dike; thence South 79 degrees 28 minutes 29 seconds East 126.88 feet to a point in said dike;thence South 79 degrees 28 minutes 29 seconds East 260.38 feet to a point in the western line of the Cape Fear River; thence northwardly along the western line of the Cape Fear River approximately 5,000 feet to the point of beginning, and consisting of approximately 381 acres,more or less. The above described tract being a portion of the property deeded to Kenneth M. Sprunt, by Deed recorded in Book 791 at Page 464 of the Brunswick County Registry and a portion of the property described in a Deed from Laurence G. Sprunt and wife, Elizabeth H. Sprunt to Orton Plantation, LLC dated as of March 31,2006 and recorded in Book 2361 at Page 1200 in the Brunswick County Registry, and includes a rice field tract of approximately 61.35 acres, more or less, described in a Deed from Kenneth M. Sprunt and wife, Elizabeth L. Sprunt to Laurence G. Sprunt dated September 18,2000 and recorded in Book 1404 at Page 899 in the Brunswick County Registry. 4 �o-zmo lIIIII1 111111 III huM 1III111 II B3L@4 F � 56 otns7ai1.mmm Brunsw.ek County, NC Register of Deeds page $ of Exhibit B 1. 2010 and subsequent years' ad valorem taxes, and any deferred taxes under N.C.G.S. Section 105-277.IF et seq. 2. Right of Way Agreement in favor of State Highway &Public Works Commission recorded in Book 125,Page 192,Brunswick County Registry. 3. Easement&Right of Way in favor of Carolina Power &Light Company recorded in Book 133, Page 49, Brunswick County Registry. 4. Right-of-Way Easement to Brunswick Electric Membership Corporation recorded in Book 933, Page 1048,Brunswick County Registry. 5. General Permit to Southern Bell Telephone &Telegraph Co. recorded in Book 123,Page 571,Brunswick County Registry. 6. General Permit between Southern Bell Telephone &Telegraph Company and Mr. &Mrs. fames L. Sprunt recorded in Book 189,Page 47, Brunswick County Registry. 7. A portion of the subject property is subject to an easement to the United States of America, recorded in Book 189,Page 513, Brunswick County Registry. 8. Any portion of the Property lying within the bounds of any streets,roads,highways, pathways, cartway, etc., or rights of way thereof. 9. Rights of others in and to the continued uninterrupted flow of Orton Pond and any creeks, and branches located on the Property. 10. Any encroachments, overlaps,boundary line disputes, easements,measurements, variations in area or content,party walls or other facts which a correct survey and inspection of the property would show. IT.Rights of others, if any,in and to any private roads or cemeteries affecting the property. 12.All governmental land use statutes, ordinances and regulations applicable to the property including zoning,building and subdivision regulations. 13.No warranty is made with respect to any portion of the property below the mean high water mark of the Cape Fear River or any other area adjacent to navigable tidal waters. 5 a • 1411.41(gilig • 0 - 11- -4Gfgister xsf Deeds ' Ciemmans i page 1 of 15 Brenda M. Clemons Register of deeds 11-10-2010 16:00:41.00i Brunswick County, NC NC REVENUE STAMP: $3080.00 (#23B188) PREPARER HAS NOT SEARCHED AND DOES NOT CERTIFY TITLE n [ TO THE PROPERTY DESCRIBED HEREIN '�}''�`'` ' het' of Prepared by: Ck 3 -e --Ck S1 Ca3h S Cash s _''Nance McGuireWoods LLP =a or dozement are Efeg.ble due!o cand:on 300 North Third Street, Suite 400 •.rir:a;fIa:s verified ha Wilmington,North Carolina 28401 v.__ __.. . _. -•..:,i. Revenue Stamps: $3,080.00 Tax Parcel Numbers: Parcel Number 1440000103 Parcel Number 1440000104 Parcel Number 1440000110 Parcel Number 15900002 Part of Parcel Number 1440000106 STATE OF NORTH CAROLINA GENERAL WARRANTY DEED COUNTY OF BRUNSWICK THIS GENERAL WARRANTY DEED (this "Deed"), dated as of November (o , 2010,is made by ORTON LONGLEAF, LLC,a North Carolina limited liability company (the "Grantor"),to ORTON PLANTATION HOLDINGS,LLC, a Delaware limited liability company(the"Grantee"),whose address is 1251 Avenue of the Americas, 17th Floor,New York, New York 10020. WITNESSETH: • THAT the Grantor,by these presents does grant, assign, transfer and convey unto the Grantee,in fee simple, all of Grantor's right, title and interest in and to that certain property situated in Brunswick County,North Carolina; and more particularly described on Exhibit A attached hereto. 11-10-2010 111111i111 I1 illi1111111 11 II 11111 ll Vela pme.,e 2"of41s 1D' � of Deeds pageBrursuick County, Register AND the Grantor hereby also designates and assigns to the Grantee the following rights and interests under that certain Conservation Easement recorded in Book 1425, Page 724, Brunswick County Registry and re-recorded in Book 2678, Page 0001, Brunswick County Registry, and Amended and Restated Conservation Easement by and between Orton Longleaf, LLC and the North Carolina Coastal Land Trust recorded in Book 3000 at Page 1259 of the Brunswick County Registry(the"Conservation Easement") with respect to the aforesaid property: 1. The right to expand the agricultural uses of the aforesaid property by sixteen(16) acres in the aggregate pursuant to Article II, Subsection B.2. of the Conservation Easement. 2. The right to graze,pasture and maintain up to five(5)horses on the aforesaid property pursuant to Article II,Subsection B.6. of the Conservation Easement. 3. The right to establish and maintain up to fifty-two(52)acres of wildlife food plots on the aforesaid property pursuant to Article II, Subsection C.S. and Article II, Subsection G.2. of the Conservation Easement. 4, The right to construct,maintain and utilize the Family Lodge(as defined in the Conservation Easement)pursuant to Article II, Subsection J.6.of the Conservation Easement. Provided that the Grantor reserves unto itself and its successors and assigns any and all rights and interests under the Conservation Easement not specifically designated or assigned to the Grantee hereunder with the property subject to the Conservation Easement which the Grantor is not conveying to the Grantee hereunder, including without limitation the following: 1. The right to expand the agricultural uses of the aforesaid property by eighty-four (84)acres in the aggregate pursuant to Article II, Subsection B.2, of the Conservation Easement. 2. The right to graze,pasture and maintain up to twenty-five (25)horses on the aforesaid property pursuant to Article II, Subsection B.6. of the Conservation Easement. 3. The right to establish and maintain up to two hundred seventy-eight(278)acres of wildlife food plots on the aforesaid property pursuant to Article II, Subsection C.5. and Article II, Subsection G. 2. of the Conservation Easement 4. The right to remodel, demolish and/or re-build the Hunting Lodge(as defined in the Conservation Easement)pursuant to Article II, Subsection J.4. of the Conservation Easement. 5. The right to construct, maintain and utilize three(3) single family residences pursuant to Article II, Subsection J.5. of the Conservation Easement. TO HAVE AND TO HOLD the aforesaid property,together with all easements, tenements, privileges and appurtenances thereinto belonging to the Grantee in fee simple forever. And the Grantor covenants with the Grantee, that Grantor is seized of the said premises in fee simple and has the right to convey the same in fee simple; that the same are free from 2 • Ill I11111 111111111 ! , gis 1IY 9 Register page of 15 encumbrances; and that the Grantor will warrant and defend the title against the claims of all persons whatsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the exceptions set forth in Exhibit B attached hereto. IN WITNESS WHEREOF,the Grantor has duly executed this Deed,all as of the day and year first above written. GRANTOR; ORTON LONGLEAF, LLC BY: k-4.f,L.P c 4A. aurence G. Sp nt,Manager By: David . print,Manager 3 • 111111 it I l IJ� {II1; 111 11-10-201Q �J��� ���Y� io:00:d1.001 8randa ri. C1emmnns STATE OF NORTH CAROLINA Brunswick County, NC Register of Deeds page 4 of 15 COUNTY OF 14 t',! ) ()V{,r I, V , a Notary Public of the County and State aforesaid, certify that Laurence G. Sprunt and David H. Sprunt personally appeared before me this day and acknowledged that they are the Managers of Orton Longleaf,LLC, a North Carolina limited liability company(the"Company"), and that they, as the Managers of the Company, being authorized to do so, voluntarily executed the foregoing instrument on behalf of the Company for the purposes stated therein. I certify that the Signatory personally appeared before me this day, and (check one of the following): V. (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory's identity, by a current state or federal identification with the Signatory's photograph in the form of: (check one of the following) a driver's license; or other(describe: ); or (a credible witness has sworn to the identity of the Signatory). WITNESS my hand and official seal this \D1L day of JOVJX-' ,2010. Notary Public 1)Yt AA([r�c�✓ (t)pe or print name) My commission expires: 4,",�j1131 CttrE"` NOTARY • - (NOTARIAL SEAL) * '" - �Z•• PUBtIC P. 4 ' !J!ffJLYQLLIi1iIJLEiwunJ1I� fl 131 1 Pg5s3 ;s7ae7423111 Br y er of da �' Clammons Deeds page 5 of 15 Exhibit A FIRST TRACT(Part of Parcel Number 1440000106): Beginning at an old railroad spike directly over the culvert carrying the discharge waters of Orton Pond into a no name creek,on the centerline of Plantation Road SE (100-foot public right- of-way), also known as SR1529 in Brunswick County,North Carolina. Said railroad spike being located 0.5 miles,more or less, as measured along said Plantation Road southwardly from the intersection of said Plantation Road SE and Orton Road SE(100-foot wide public right-of-way), also known as SRI 530. Running thence from said beginning spike: 1. North 88 degrees, 53 minutes,47 seconds East, 50.54 feet to a point on the easterly right-of-way line of said Plantation Road;THENCE 2. Down and with the run of a no name creek the following courses and distances: North 85 degrees 26 minutes 18 seconds East 791.53 feet North 16 degrees 27 minutes 58 seconds East 676.04 feet North 27 degrees 49 minutes 25 seconds East 193.01 feet North 37 degrees 55 minutes 35 seconds East 66.13 feet North 60 degrees 17 minutes 12 seconds East 51.64 feet North 88 degrees 08 minutes 31 seconds East 388.20 feet South 74 degrees 55 minutes 26 seconds East 185.57 feet South 53 degrees 24 minutes 57 seconds East 99.54 feet ---and— South 66 degrees 59 minutes 43 seconds East 152.64 feet to the intersection of`Broadwater Branch";THENCE 3. Continuing with and down said"Broadwater Branch"as it meanders to the east: South 06 degrees 46 minutes 27 seconds East 143.31 feet South 70 degrees 07 minutes 53 seconds East 671.71 feet North 65 degrees 21 minutes 33 seconds East 389.28 feet South 82 degrees 44 minutes 14 seconds East 554.87 feet to its intersection with the apparent high water-line on the western edge of the Cape Fear River; THENCE 4. With and along said high waterline: South 00 degrees 33 minutes 22 seconds East 84.15 feet South 00 degrees 33 minutes 22 seconds East 207.60 feet South 02 degrees 19 minutes 38 seconds East 158.02 feet South 25 degrees 48 minutes 57 seconds East 269.90 feet South 00 degrees 44 minutes 50 seconds East 237.45 feet —and- 5 • • Af41IOI 5 tio\\11\1\1\UIIIIIIE NCRegister Brunswick County, South 10 degrees 04 minutes 51 seconds West 829.04 feet to a point in a run of another creek; THENCE 5. Down and with the run of last said creek as it meanders to the east; South 73 degrees 51 minutes 33 seconds East 49.98 feet North 60 degrees 59 minutes 32 seconds East 145.63 feet South 83 degrees 33 minutes 45 seconds East 213,45 feet South 60 degrees 50 minutes 29 seconds East 174.45 feet South 81 degrees 48 minutes 15 seconds East 392.87 feet South 79 degrees 28 minutes 29 seconds East 126.88 feet -and--- South 79 degrees 28 minutes 29 seconds East 260.38 feet to a point on said high waterline;THENCE 6. Continuing along the high waterline on the western edge of the Cape Fear River as it meanders in a southerly direction: South 14 degrees 47 minutes 12 seconds West 390.71 feet South 20 degrees 37 minutes 00 seconds West 331.75 feet South 18 degrees 02 minutes 28 seconds West 349.45 feet South 23 degrees 28 minutes 34 seconds West 347.93 feet --and- South 24 degrees 14 minutes 29 seconds West 453.49 feet to a point in the center of a canal;THENCE 7. Up and with centerline of said canal as it meanders in a westerly direction: North 57 degrees 24 minutes 00 seconds West I77.51 feet North 84 degrees 14 minutes 25 seconds West - 672.77 feet South 87 degrees 49 minutes 30 seconds West 191.96 feet to a point in Spillway Creek(sometimes called Orton Creek); THENCE 8 Up and with the run of Spillway Creek in a northwardly direction to a point that is: North 56 degrees 45 minutes 27 seconds West 128.56 feet North 67 degrees 52 minutes 00 seconds West 136.97 feet North 50 degrees 40 minutes 45 seconds West 290.94 feet North 56 degrees 36 minutes 56 seconds West 164.97 feet North 87 degrees 02 minutes 50 seconds West 239.40 feet South 81 degrees 04 minutes 37 seconds West 208.51 feet North 57 degrees 28 minutes 43 seconds West 93.09 feet North 48 degrees 41 minutes 19 seconds West 200.75 feet North 36 degrees 10 minutes 45 seconds West 202.26 feet North 32 degrees 47 minutes 26 seconds West 134.25 feet North 15 degrees 39 minutes 24 seconds West 114.44 feet North 15 degrees 25 minutes 24 seconds West 170.13 feet North 17 degrees 04 minutes 54 seconds West 199.01 feet 6 � {��j 11 18 201Q 1111111111111111$11111111111� I I Deeds of Ci R1 rtafA15fl1 Brunswick County, NC Regis —and— North 23 degrees 49 minutes 41 seconds West 133.08 feet to a point on the easterly right-of-way line of said Plantation Road;THENCE 9. North 00 degrees, 12 minutes, 54 seconds West, 141.45 feet along said easterly right-of- way line to a point at the beginning of a curve to the West. Said curve having a radius of 867.00 feet; THENCE 10. With arc of said curve as it curves to the West and along the easterly right-of-way line of said Plantation Road to a point at the northerly end of said curve that is North 19 degrees, 30 minutes, 02 seconds West,a chord distance of 572.70 feet; THENCE 11. North 38 degrees,47 minutes, 09 seconds West, 440.53 feet along said easterly right-of- way line to a point at the beginning of a curve to the east. Said curve having a radius of 561.79 feet; THENCE 12. Along the easterly right-of-way line of said Plantation Road and along the arc of last said curve to a point at the northerly end of last said curve that is North 17 degrees,44 minutes, 11 seconds West, a chord distance of 403.56 feet from the preceding point; THENCE 13 Continuing along the easterly right-of way-line of said Plantation Road North 03 degrees, 18 minutes,47 seconds East,273.71 feet to a point at the southerly end of a curve to the west,having a radius of 540.00 feet; THENCE 14. Along the arc of last said curve, as it curves to the west, and along the easterly line of said Plantation Road SE to the point and place of beginning that is North 02 degrees, 08 minutes, 12 seconds East, a chord distance of 24.23 feet from the preceding point. The same being Tract 1 shown on a map of"Division of Property for"Orton Longleaf, LLC" prepared by Sherwin D. Cribb,NC Professional Land Surveyor, L-1099, dated February 10, 2009 and revised July 2, 2009, Sheet 2 of 9. The above-described tract contains 252.62 acres, more or less. SECOND TRACT(Parcel 1440000103 and Part of Parcel Number 1440000106): Portion 1: To arrive at the true point of beginning commence at a magnetic nail on the centerline of Plantation Road SE (100-foot wide public right-of-way), also known as SR1529, in Brunswick County,North Carolina. Said nail being located 0.8 miles,more or less southwardly as measured along said Plantation Road SE from its intersection with Orton Road SE(100-foot wide public right-of-way), also known as SR1530. Said nail being over the centerline of 7 I . ffnllliii � I�IIIi1111111111fi� o Brunswick County, NC Register of Deeds page B of 15 Spillway Creek discharging the waters of Orton Pond to the Cape Fear River. Go thence South 83 degrees, 38 minutes, 33 seconds West, 50.29 feet to a point on the easterly right-of-way line of said Plantation Road, the true point of beginning. Running thence from said beginning point: 1. Down and with the run of Spillway Creek as it meanders in an easterly direction, the following courses and distances:: North 83 degrees 38 minutes 33 seconds East 126.80 feet North 42 degrees I 1 minutes 24 seconds East 213.11 feet North 60 degrees 36 minutes 04 seconds East 54.85 feet South 84 degrees 32 minutes 08 seconds East 264.24 feet North 79 degrees 42 minutes 01 seconds East 54.31 feet North 31 degrees 35 minutes 46 seconds East 63.92 feet North 26 degrees 50 minutes 2n seconds East 51.31 feet South 80 degrees 24 minutes 56 seconds East 88.35 feet South 48 degrees 37 minutes 53 seconds East 89.81 feet South 38 degrees 01 minute 17 seconds East 97.60 feet South 23 degrees 49 minutes 41 seconds East 133.08 feet South 17 degrees 04 minutes 54 seconds East 199.01 feet South 15 degrees 25 minutes 24 seconds East 170.13 feet South 15 degrees 39 minutes 24 seconds East 114.44 feet South 32 degrees 47 minutes 26 seconds East 134.25 feet South 36 degrees 10 minutes 45 seconds East 202.26 feet South 48 degrees 41 minutes 19 seconds East 200.75 feet South 57 degrees 28 minutes 43 seconds East 93.09 feet North 81 degrees 04 minutes 37 seconds East 208.51 feet South 87 degrees 02 minutes 50 seconds East 239.40 feet South 56 degrees 36 minutes 56 seconds East 164.97 feet South 50 degrees 40 minutes 45 seconds East 290.94 feet South 67 degrees 52 minutes 00 seconds East 136.97 feet -and- South 56 degrees 45 minutes 27 seconds East 128.56 feet to a point in the centerline of a canal; THENCE 2. Continuing down and with the centerline of said canal: North 87 degrees 49 minutes 30 seconds East 191.96 feet South 84 degrees 14 minutes 25 seconds East 672.77 feet -and--- South 57 degrees 24 minutes 00 seconds East 177.51 feet to a point on the high waterline of the western edge of the Cape Fear River; THENCE 3. In a southerly direction along said high waterline as it meanders in a southerly direction the following two calls : South 25 degrees 31 minutes 17 seconds East 130.00 feet 8 MinkllicH1111,11111111111 Brenda11. Ca s go{ 15uckaunfy NC Rcgs of ➢eeds p g —and— South 07 degrees 15 minutes 15 seconds West 28.49 feet to a point on the northerly boundary of Brunswick Town historic site,as described in a deed recorded in book 113 at page 287 of the Brunswick County Registry;THENCE 4. South 86 degrees.31 minutes, 14 seconds West, 711.61 feet along said northerly boundary line to a point that is North 03 degrees,28 minutes,46 seconds West,497.03 feet from monument"Russellborough";THENCE 5. Continuing South 86 degrees, 31 minutes, 14 seconds West,27.31 feet to an old concrete monument on said northerly boundary line; THENCE 6. Continuing South 86 degrees, 31 minutes, 14 seconds West,472.43 feet along said northerly boundary line to an old concrete monument. Last said monument being the northerly most corner of said Brunswick Town historic site; THENCE 7. South 07 degrees, 17 minutes,46 seconds West, 1,086.18 feet along a westerly line of said Brunswick Town historic site to an old concrete monument;THENCE 8. South 23 degrees, 54 minutes, 54 seconds East, 849.25 feet along another westerly line of said Brunswick Town historic site to a point on the northerly right-of-way of St. Phillips Road(100-foot wide public right-of-way), also known as SR1530;THENCE 9. North 71 degrees, 06 minutes, 08 seconds West,478.82 feet along a northerly right- of-way line of said St. Phillips Road to a point at the easterly end of a curve to the South having a radius of 550.00 feet; THENCE 10. With the arc of said curve and with the northerly right-of-way line of St. Phillips Road to a point at the westerly end of said curve that is North 88 degrees,45 minutes, 09 seconds West, a chord distance of 333.53 feet from the preceding point; THENCE 11. South 73 degrees, 35 minutes, 50 seconds West, 242.50 feet along said northerly right-of- way line to a point at the easterly end of a curve to the south having a radius of 550.00 feet; THENCE 12 With the arc of last said curve and along the northerly right-of-way Iine of said St. Phillips Road to a point at the westerly end of said curve that is South 59 degrees, 34 minutes, 28 seconds West, a chord distance of 266.54 feet from the preceding point; THENCE 13. South 45 degrees, 33 minutes, 06 seconds West, 197.92 feet along last said northerly right-of-way line to a point at the easterly end of a curve having a radius of 200.00 feet;THENCE 9 11-10-2010 Rita PNO.:Jamlotn005141.001 • Brunswick ic � Register of Deeds page 10 of 15 County, H4 14. Along the arc of last said curve,as it curves to the north and along last said northerly right-of-way line to a point at the westerly end of last said curve that is South 72 degrees, 31 minutes, 08 seconds West,a chord distance of 18I.39 feet from the preceding point; THENCE 15. North 80 degrees, 30 minutes, 50 seconds West, 311.49 feet along said northerly right-of- way line to a"new iron pipe"at its intersection with the easterly right-of-way line of Plantation Road SE;THENCE 16. North 22 degrees, 37 minutes, 00 seconds West, 1,554.46 feet along last said easterly right-of-way line to a point at the southerly end of a curve having a radius of 1,702.42 feet; THENCE 17. Along the arc of last said curve and along the easterly right-of-way line of said Plantation Road SE,as it curves to the east to a point at the northerly end of said curve that is North 15 degrees, 33 minutes, 11 seconds West, a chord distance of 418.52 feet from the preceding point; THENCE 18_ North 08 degrees,29 minutes, 33 seconds West, 1,052.25 feet along said easterly right- of-way line to a point at the southerly end of a curve having a radius of 559.00 feet; THENCE 19. Along the arc of last said curve and along the easterly right-of-way line of said Plantation Road SE, as it curves to the east to a point at the northerly end of last said curve that is North 04 degrees, 36 minutes, 53 seconds East,a chord distance of 253.53 feet from the preceding point;THENCE 20. North 17 degrees,43 minutes, 19 seconds East,216.60 feet along last said easterly right-of-way line to an old concrete monument at the westernmost corner of a cemetery as shown on a map recorded in Map Book 23 at page 400 of the Brunswick County Registry;THENCE 21. North 06 degrees, 39 minutes, 36 seconds East,282.42 feet along last said easterly right-of-way line and along the westerly line of said cemetery to an old concrete monument; THENCE 22. North 00 degrees, 12 minutes, 54 seconds West, 82.55 feet along last said easterly right-of-way line to the point and place of beginning. The same being a portion of Tract 2 and contains 160.12 acres,more or less, as shown on a map of"Division of Property for Orton Longleaf, LLC"prepared by Sherwin D. Cribb,NC Professional Land Surveyor, L-1099 dated February 10, 2009 and revised July 2, 2009, Sheet 2 of 9. All bearings are referenced to NC Grid NAD83 and all distances are horizontal. 10 11IiJIII H IHIJI ill!Ill! 111111111831@4 P569runwick Cunt -lr xrenaa M. CIanmons Y, NC Rsgist:r of Deeds page_ 11 of 15 Portion 2: Beginning at the intersection of the southerly right-of-way line of St. Phillips Road SE (100-foot wide public right of way)also known as SR1533 with the westerly boundary line of Brunswick Town historic site as described in a Deed recorded in Book 113 at Page 287 of the Brunswick County Registry. Running thence from said beginning point: 1. South 23 degrees,54 minutes, 54 seconds East, 513.54 feet along the westerly boundary line of said Brunswick Town historic site to an old concrete monument. Said concrete monument being located North 20 degrees, 56 minutes,41 seconds West, 114.15 feet from an old iron pipe. Said old iron pipe being located North 05 degrees, 09 minutes, 43 seconds West, 0.90 feet from a concrete monument. Last said concrete monument being located South 88 degrees, 39 minutes, 31 seconds West, 199.68 feet from the northwesterly corner of the ruins of the St. Phillips Church on said Brunswick Town historic site. 2. Running thence from said old concrete monument: North 37 degrees,40 minutes, 52 seconds West,683.97 feet along a boundary line of a tract deeded to the USA by Deed recorded in Book 189 at Page 513 of the Brunswick County Registry to the intersection of said southerly line of St. Phillips Road SE. Last said point being located South 37 degrees,40 minutes, 52 seconds West, 55.61 feet from an old Corps of Engineers monument marked"WALP23"; THENCE 3. From last said intersection point along the southerly right-of-way line of St. Phillips Road SE, South 71 degrees,06 minutes, 08 seconds East, 221,87 feet to the point and place of beginning. The same being a portion of Tract 2 shown on a map of"Division of Property for Orton Longleaf, LLC"prepared by Sherwin D. Cribb,February 10,2009 and revised July 2, 2009, Sheet 2 of 9 which is bounded on the east by Brunswick Town historic site, on the west by the United States of America deed book 189 at page 513 on the north by the southerly right-of-line of St. Phillips Road SE,and containing 0.96 acres, more or less. All bearings are referenced to NC Grid NAD83 and all distances are horizontal. Portion 3: Beginning at a"new iron pipe" at the intersection of the easterly right-of-way line of Plantation Road SE (100-foot wide public right-of-way), also known as SR1529 with the southerly right-of-way line off St. Phillips Road SE(100-foot wide public right-of-way),also known as SR1533 in Brunswick County,North Carolina. Running thence from said beginning point; 11 iii1I1111111113111111111111111111 B4ttBrunswickCountNCBr eeds page 12 of 15 1. South 80 degrees, 30 minutes,50 seconds East, 247.00 feet along the southerly right-of- way line of said St.Phillips Road SE to a point at the westerly end of a curve having a radius of 300.00 feet; THENCE 2. With the arc of said curve and with the southerly right-of-way line of said St. Phillips Road, as it curves to the north,to a point at the easterly end of said curve that is North 72 degrees, 31 minutes,08 seconds East,a chord distance of 272.09 feet from the preceding point; THENCE 3. North 45 degrees,33 minutes, 06 seconds East, 197.92 feet along said southerly tight-of-way line to a point at the westerly end of a curve having a radius of 450.00 feet; THENCE 4. Along the arc of last said curve and along the southerly right-of-way line of said St. Phillips Road, as it curves to the south,to a point at the easterly end of said curve, that is North 59 degrees, 34 minutes,28 seconds East, a chord distance of 218.08 feet from the preceding point; THENCE 5 North 73 degrees,35 minutes, 50 seconds East, 242.50 feet along the southerly line of said St.Phillips Road to a point at the westerly end of a curve having a radius of 450.00 feet;THENCE 6. Along the arc of last said curve and along the southerly right-of-way line of said St. Phillips Road,as it curves to the south,to a point at the eastern end of said curve that is South 88 degrees,45 minutes, 09 seconds East,272.89 feet from the preceding point;THENCE 7. South 71 degrees, 06 minutes,08 seconds East, 273.10 feet along last said southerly right-of-way line to a point of a line of boundary line United.States of America recorded in Book 189 at Page 513 of the Brunswick County Registry. Last said point being South 63 degrees,22 minutes, 59 seconds West,42.93 feet from an old concrete monument marked"WALP23"; THENCE 8. South 63 degrees,22 minutes, 59 seconds West, 1,613.68 feet along said line of the USA tract to a"new iron pipe"in the easterly right-of-way line of said Plantation Road SE; THENCE 9. North 23 degrees, 35 minutes,49 seconds West, 479.70 feet along last said easterly right-of-way line to the point and place of beginning. The above-described tract contains 10.84 acres,more or less, and is that irregular tract bounded on the west by Plantation Road SE, on the north by St. Phillips Road SE, shown as a portion of Tract 2, and on said south by the Lands of the United States of America, as shown on a map entitled"Division of Property for Orton Longleaf,LLC"prepared by Sherwin D. Cribb,NC, Professional Land surveyor, L-1099, dated February 2,2009,revised July 2,2009 (Sheet 2 of 9). 12 B31�4 111111111111111111U11111110111,0.5,1,1emli.6i,:05724°,1L,rLc ! Register of Deeds page 13 of t5 • Brunswick County, All bearings are NC Grid NAD83 All distances are horizontal. THIRD TRACT(Parcel Number 1440000110): Being the property described as "Tract 6"in that plat entitled"Division of Property for Orton Longleaf, LLC"by Sherwin D. Cribb dated November 19, 2009 and recorded in Map Cabinet 63 at Page 24 in the Brunswick County registry,reference to which is hereby made for a more complete description. FOURTH TRACT(Parcel Number 1440000104): BEGINNING at a point in the northern easement line of the Military Ocean Terminal, Sunny Point,North Carolina,said easement line being shown on a map entitled: Master Plan, Basic Information Map, Reservation Map,Drawing#18.-02-02,dated January, 1982. Said point of beginning being located North 74 degrees 25 minutes East 466.88 feet as measured along said easement line,from a monument designated WALP 37 as shown on the before mentioned map, said monument being located North 74 degrees 25 minutes East 58.0 feet, as measured along said easement line, from a point on the centerline of S.R.#1529,said centerline point being located in a southerly direction, 1.4 miles,as measured along said centerline from the point of intersection of said centerline with the centerline of S,R.#1530, Running thence from said point of beginning North 25 degrees 58 minutes 53 seconds East 49.93 feet to a point;thence North 17 degrees 16 minutes 01 seconds West 133.91 feet to a point; thence North 84 degrees 37 minutes 01 seconds East 62.67 feet to a point; thence North 05 degrees 22 minutes 59 seconds West 260.00 feet to a point; thence North 84 degrees 37 minutes 01 seconds East 40.00 feet to a point; thence South 05 degrees 22 minutes 59 seconds East 398.44 feet to a point;thence South 65 degrees 26 minutes 47 seconds East 398.44 feet to a point;thence South 24 degrees 33 minutes 13 seconds West 40.00 feet to a point; thence North 65 degrees 26 minutes 47 seconds West 398.47 feet to a point; thence South 54 degrees 38 minutes 41 seconds West 40.00 feet to a point; thence North 35 degrees 2I minutes 19 seconds West 40.00 feet to a point; thence North 54 degrees 38 minutes 41 seconds East 327.93 feet to the point of beginning and containing 1.28 Acres fi-. The above description describes a site for a proposed building,antenna tower, and also a 40.0 feet wide strip, 20.0 feet each side of the proposed guy wire location,for the proposed 600 feet high radio tower. FIFTH TRACT(Parcel Number 15900002): Being all of that property consisting of 3.24 acres and described as "Spoil Area Exception"in that plat entitled"Map of Conservation Easement for Kenneth Sprunt A Portion of Orton Plantation", by Sherwin A. Cribb, dated April,2000,and recorded in Map Book 23 at Pages 396-402 in the Brunswick County Registry, reference to which is made for a more complete description of the property. 13 1,31afi@.5712.:1;07,1"s"111111111111111111111E1iBrunsw 11111111111 C r of Ded M. pg 1 f 15 Exhibit B 1. 2010 and subsequent years' ad valorem taxes,and any deferred taxes under N.C.G.S. Section 105-277.1F et seq. 2. Conservation Easement recorded in Book 1425, Page 724, Brunswick County Registry and re-recorded in Book 2678,Page 0001, Brunswick County Registry, and Amended and Restated Conservation Easement by and between Orton Longleaf,LLC and the North Carolina Coastal Land Trust recorded in Book 3000 at Page 1259 of the Brunswick County Registry. 3. Right of Way Agreement in favor of State Highway&Public Works Commission recorded in Book 125, Page 192, Brunswick County Registry. 4. Easement&Right of Way in favor of Carolina Power&Light Company recorded in Book 133,Page 49, Brunswick County Registry. 5. Lease to Sea-Comm,Inc. recorded in Book 727,Page 672,Brunswick County Registry, and Lease Amendments recorded in Book 727, Page 689,Book 729, Page 879,Book 2858 at Page 574 and Book 3052 at Page 360, Brunswick County Registry,with respect thereto. 6. Right-of-Way Easement to Brunswick Electric Membership Corporation recorded in Book 933,Page 1048, Brunswick County Registry. 7. General Permit to Southern Bell Telephone&Telegraph Co. recorded in Book 123, Page 571, Brunswick County Registry. 8. General Permit between Southern Bell Telephone&Telegraph Company and Mr. & Mrs. James L. Sprunt recorded in Book 189,Page 47, Brunswick County Registry. 9. A portion of the subject property is subject to an easement to the United States of America, recorded in Book 189, Page 513, Brunswick County Registry. 10.A portion of the subject property is subject to an Unrecorded Land Lease Agreement between Laurence G. Sprunt and Kenneth M. Sprunt and GTE Mobilnet,dated September 1, 1991 and a Memorandum recorded in Book 2793 at Page 478,Brunswick County Registry. I 1. All exceptions and matters shown on that plat entitled"Map of Conservation Easement for Kenneth M. Sprunt A Portion for Orton Plantation", by Sherwin D. Cribb,dated April 2000,and recorded in Book 23, Pages 396-402, Brunswick County Registry. 12. Any portion of the Property Iying within the bounds of any streets, roads, highways, pathways,cartway, etc., or rights of way thereof. 14 1 III B31@4 P@573 i6 me a�i�ami 111111 111 1l 1 U11l f 11111111l Register il ! 1 of Deeds pale 15 of 15 County. 13. Rights of others in and to the continued uninterrupted flow of Orton Pond and any creeks, and branches located on the Property. 14. Any encroachments, overlaps, boundary line disputes, easements, measurements, variations in area or content, party walls or other facts which a correct survey and inspection of the property would show. 15. Rights of others, if any, in and to any private roads or cemeteries affecting the property. 16.All governmental land use statutes, ordinances and regulations applicable to the property including zoning, building and subdivision regulations. 17.No warranty is made with respect to any portion of the property below the mean high water mark of the Cape Fear River or any other area adjacent to navigable tidal waters. 15 . 11111 I 111111 I 111111 III I111111 B3104 PO 78 pn5:107@o2 Brunswick County, NC Register of Decds page 1 of 5 Brenda 1. Clemmons Register of Deeds 11-10-2ele 16:00:41.002 Brunswick County, NC NC REVENUE STAMP: $50926.00 (423819I _- .3�----r t-15 —Cash$ PREPARER HAS NOT SEARCHED ' Finance __ AND DOES NOT CERTIFY TITLE _s�c . os ar<i4 g:is cue 12 card Son TO THE PROPERTY DESCRIBED HEREIN ts;r.:7PAI^ h^ -i o'.n17,111a1 Prepared by: McGuireWoods LLP 300 North Third Street, Suite 400 Wilmington,North Carolina 28401 Revenue Stamps: $50,920.00 Tax Parcel Numbers: Part of Parcel Number 1440000105 STATE OF NORTH CAROLINA GENERAL WARRANTY DEED COUNTY OF BRUNSWICK THIS GENERAL WARRANTY DEED (this"Deed"),dated as of November /' , 2010, is made by ORTON LONGLEAF,LLC, a North Carolina limited liability company(the "Grantor"), to ORTON PLANTATION HOLDINGS, LLC, a Delaware limited liability company (the"Grantee"), whose address is 1251 Avenue of the Americas, 17th Floor,New York, New York 10020. WITNESSETH: THAT the Grantor,by these presents does grant, assign,transfer and convey unto the Grantee, in fee simple, all of Grantor's right, title and interest in and to that certain property situated in Brunswick County,North Carolina; and more particularly-described on Exhibit A attached hereto, TO HAVE AND TO HOLD the aforesaid property,together with all easements, tenements,privileges and appurtenances thereunto belonging to the Grantee in fee simple forever, • 11111111111111 l Po519 ons:4r 002 Brunswick County, NC Register of Deeds page 2 of 5 And the Grantor covenants with the Grantee,that Grantor is seized of the said premises in fee simple and has the right to convey the same in fee simple; that the same are free from encumbrances;and that the Grantor will warrant and defend the title against the claims of all persons whatsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the exceptions set forth in Exhibit B attached hereto. IN WITNESS WHEREOF,the Grantor has duly executed this Deed, all as of the day and year first above written. GRANTOR; ORTON LONGLEAF,LLC By: ic.,[. � LL urence . Sprunt, Manager By: David H.Sprunt,Manager 2 irI 11 unswc II f 83 4 P58F1111111 1111I I1 I'1 11111111 Brenda 11. C1emmor y, Regist.r of Deeds page 3 of 5 STATE OF NORTH CAROLINA COUNTY OF J L.W - \ /of I, TM, 1C.0,P}--/ , a Notary Public of the County and State aforesaid,certify that Laurence G. Sprunt and David H. Sprunt personally appeared before me this day and acknowledged that they are the Managers of Orton Longleaf, LLC, a North Carolina limited liability company (the"Company"), and that they,as the Managers of the Company, being authorized to do so,voluntarily executed the foregoing instrument on behalf of the Company for the purposes stated therein. I certify that the Signatory personally appeared before me this day, and / (check one of the following): 'V (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory's identity,by a current state or federal identification with the Signatory's photograph in the form of: (check one of the following) a driver's license;or other(describe: ); or (a credible witness has sworn to the identity of the Signatory). WITNESS my hand and official seal this 16 " day of Jt /L,v4 '-" , 2010. 97). r Notary Public "TirV (type or print name) My commission expires: 1/47,- `11m CtG,cf��r •.fi (NOTARIAL SEAL) :• NOTARY • * * * •• = - PUBLIC • .V • a n 3 111111111111111111111111111111111 B31�4a P5tl. Cl8leM 16m ons,e@:R1.6e2 Brend Brunswick County, NC Register of Deeds page 4 of 5 Exhibit A BEGINNING in the western line of the Cape Fear River at the mouth of Orton Creek, and running thence westwardly in the run of Orton Creek 2,700 feet, more or less, to its intersection with the former boundary line between Orton Plantation and Kendall Plantation,said intersection being 300 feet, more or less, northeastwardly from where Orton Creek turns sharply toward the south; thence South 40.00 degrees West 1,262.09 feet to a point; thence North 66 degrees 05 minutes 30 seconds West 1,670.90 feet to a point; thence South 30 degrees 27 minutes 27 seconds West 412.38 feet to a point in the centerline of State Road 1530; thence in a northwestwardly direction with the centerline of State Road 1530 1,100 feet, more or less, to the centerline of the right-of-way of N.C. Highway No. 133 (said highway having a 100 feet right- of-way); thence southwestwardly in the centerline of said highway 24,155 feet, more or less,to its intersection with a western line of Orton Plantation, said western line being also an eastern line of the town limits of Boiling Spring Lakes(said western line of Orton PIantation being parallel to and a short distance west of a 310 feet wide Carolina Power& Light Company right- of-way); thence along the boundary line between Orton Plantation and Boiling Spring Lakes North 16 degrees 30 minutes West 6,000 feet,more or less, to a stone, an Orton Plantation (formerly Sprunt)corner; thence along the boundary line of Orton Plantation and Boiling Spring Lakes North 10 degrees East 2,202 feet to a stone, an Orton Plantation(formerly Sprunt)corner; thence along the boundary line of Orton Plantation and Boiling Spring Lakes North 39 degrees 30 minutes West 1,128 feet to two stones marked"D.L.G."and"J.L.S."on the east side of the run of Alien's Creek, an Orton Plantation(formerly Sprunt)corner(Alien's Creek is sometimes called Kendall Creek, Lilliput Creek or McKensie Creek); thence continuing the last course, North 39 degrees 30 minutes West to the run of Allen's Creek; thence northeastwardly and eastwardly in the run of Allen's Creek to the old upper dam of Allen's Creek(the run of Allen's Creek at the dam is the middle of three channels at the dam); thence continuing eastwardly in the run of Allen's Creek, utilizing the shortest distance where the creek seems to have more than one channel as in the case of two shortcuts through horseshoe bends,to and through the old dam which is just west of N.C. Highway No. 133;thence continuing eastwardly in the run of Allen's Creek to the western line of the Cape Fear River; thence southwardly in the western line of the river to the point of Beginning, LESS AND EXCEPT the following described property: Being the property described as"Tract 6"in that plat entitled"Division of Property for Orton Longleaf, LLC"by Sherwin D. Cribb dated November 19,2009 and recorded in Map Cabinet 63 at Page 24 in the Brunswick County registry,reference to which is hereby made for a more complete description. 4 I11Ei1 111111I ��I1� �I1 f 1111 Y i�� �VL iE ©O�At��p@2 Brunswick County, KC Register f D sPri Cle"c' s page 5 of 5 Exhibit B 1. 2010 and subsequent years' ad valorem taxes, and any deferred taxes under N.C.G.S. Section 105-277.1 F et seq. 2. Right of Way Agreement in favor of State Highway &Public Works Commission recorded in Book 125,Page 192, Brunswick County Registry, 3. Easement&Right of Way in favor of Carolina Power&Light Company recorded in Book 133,Page 49, Brunswick County Registry. 4. Consent Judgment in favor of Carolina Power& Light Company recorded in Book 292, Page 71, Brunswick County Registry. 5. Grant of Easement in favor of North Carolina Natural Gas Corporation recorded in Book 879,Page 33,Brunswick County Registry. 6. Right-of-Way Easement to Brunswick Electric Membership Corporation recorded in Book 933,Page 1048, Brunswick County Registry. 7. Access Easement Agreement in favor of Carolina Power&Light Company recorded in Book 995,Page 443,Brunswick County Registry. 8. General Permit to Southern Bell Telephone &Telegraph Co. recorded in Book 123, Page 571, Brunswick County Registry. 9. General Permit between Southern Bell Telephone&Telegraph Company and Mr. & Mrs_ James L. Sprunt recorded in Book 189, Page 47, Brunswick County Registry. 10.A portion of the subject property is subject to an easement to the United States of America,recorded in Book 189, Page 513, Brunswick County Registry. 11.Any portion of the Property lying within the bounds of any streets, roads,highways, pathways,cartway, etc., or rights of way thereof. 12. Rights of others in and to the continued uninterrupted flow of Orton Pond and any creeks, and branches located on the Property. 13.Any encroachments,overlaps,boundary line disputes, easements,measurements, variations in area or content,party walls or other facts which a correct survey and inspection of the property would show. 14.Rights of others,if any,in and to any private roads or cemeteries affecting the property. 15. All governmental land use statutes, ordinances and regulations applicable to the property including zoning, building and subdivision regulations. 5 i ll `` IIII IIII Il1I1 l��IIIit � � !°58137 ons:4�1a03 Brunswick County, NC Register of Deeds page 1 of 5 tv et;•. PREPARER HAS NOT SEARCHED ;.., Rev int. AND DOES NOT CERTIFY TITLE ;, f�� . TO THE PROPERTY DESCRIBED HEREIN Gash" F;.iefce Prepared by: -,c=n_;ls ver; _a tr, McGuireWoods LLP 300 North Third Street, Suite 400 Wilmington,North Carolina 28401 Revenue Stamps; None Tax Parcel Number: Part of Parcel Number 1440000105 STATE OF NORTH CAROLINA QUITCLAIM DEED COUNTY OF BRUNSWICK THIS QUITCLAIM DEED(this"Deed"),dated as of November /° , 2010, is made by ORTON LONGLEAF,LLC, a North Carolina limited liability company(the"Grantor"),to ORTON PLANTATION HOLDINGS,LLC,a Delaware limited liability company(the "Grantee"),whose address is 1251 Avenue of the Americas, 17th Floor,New York,New York 10020. WITNESSETH: THAT that the Grantor has and by these presents does remise,release and quitclaim unto the Grantee all the Grantor's right,title and interest in and to that certain lot or parcel of land situated in Brunswick County,North Carolina and more particularly described on Exhibit A attached hereto. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. 1111[1l1111I11111111111111111I11111 PCmmon5 4,.003 Brunswick County, NC Register of Deeds page 2 of 5 IN WITNESS WHEREOF,the Grantor has duly executed this Deed,all as of the day and year first above written. GRANTOR: ORTON LONGLEAF,LLC By: Lurence G. Sprunt, Manager By: David H. Sprunt,Manager 2 241® 1111111111111111111111111111111111111 41 p 5 11--1mm ns~41.NS STATE OF NORTH CAROLINA Brunswick County, NC Register of Deeds page 3 of 5 COUNTY OF Na) by(}Vf.+."" I, �ll�[ ( -Q1`� ,a Notary Public of the County and State aforesaid,certify that Laurence G. Sprunt and David H. Sprunt personally appeared before me this day and acknowledged that they are the Managers of Orton Longleaf,LLC,a North Carolina limited liability company(the"Company"), and that they,as the Managers of the Company, being authorized to do so,voluntarily executed the foregoing instrument on behalf of the Company for the purposes stated therein. I certify that the Signatory personally appeared before me this day, and J (check one of the following): V (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory's identity, by a current state or federal identification with the Signatory's photograph in the form of: (check one of the following) a driver's license;or other(describe: ); or (a credible witness has sworn to the identity of the Signatory). WITNESS my hand and official seal this day of Nitguvt\XY , 2010. Notary Public (type or print name) My commission expires: AV-S. t20v • (NOTARIAL SEAL) • NOTARY ° l wwjj• PUBLIC �a r`Y• F V\ fl/JS'4 ai t 3 1I111E111I111L1�M11111jj���11 51� ilmmosts 41.003 Brunswick County, NC Register of Deeds page 4 of 5 Exhibit A Commencing at a rebar with aluminum disk found in the westerly right-of-way of River Road(North Carolina State Highway No. 133)(100 feet wide)having North Carolina State Plane Coordinates(NAD83NSRS2007) of Northing= 120649.61 and Basting—2316064.18,thence; along the westerly right-of-way of said River Road(100 feet wide), South 24°15'20"East a distance of 451.51 feet to a rebar with aluminum disk found,thence; along the westerly right-of- -way of said River Road (100 feet wide), South 22°47'05" East a distance of 250.29 feet to the Point of Beginning,thence continuing along the westerly and northerly right-of-way of said River Road(100 feet wide),the following ten courses; 1) South 22°47'05' East a distance of 350.68 feet to a point, thence; 2)with a curve to the right having a radius of 759.39 feet, a chord bearing of South 03°47'4T' East, a chord length of 494.52 feet,for an arc length of 503.70 feet to a#5 rebar with cap set, thence; 3) South 15°11'56" West a distance of 534.39 feet to a#5 rebar with cap set, thence; 4)with a curve to the right having a radius of 3769.65 feet,a chord bearing of South 37°06'29" West,a chord length of 2813.19 feet,for an arc length of 2882.94 feet to a#5 rebar with cap set, thence; 5) South 59°01'01" West a distance of 4729.97 feet to a#5 rebar with cap set,thence; 6)with a curve to the right having a radius of 11621.83 feet,a chord bearing of South 61°4923" West, a chord length of 1117.05 feet,for an arc length of 1117.48 feet to a#5 rebar with cap set, thence; 7) South 64°37'44" West a distance of 5135.30 feet to a#5 rebar with cap set, thence; 8)with a curve to the left having a radius of 5779.53 feet, a chord bearing of South 52°50'23" West, a chord length of 2361.68 feet, for an arc length of 2378.43 feet to a#5 rebar with cap set, thence; 9) South 41°03'01" West a distance of 11444.87 feet to a#5 rebar with cap set,thence; 10)with a curve to the left having a radius of 5779,53 feet, a chord bearing of South 37°41'24" West, a chord length of 677.53 feet,for an arc length.of 677.92 feet to a point which bears North 15°34'58"West a distance of 2.01 feet from a concrete monument found marking the southeast corner of John&Carole R Helms lands as described in Deed Book 1335 at Page 1325,thence; 11) along the easterly line of lands of said John& Carole R. Helms,the State of North Carolina as described in Deed Book 1480 at Page 1417,Brian K.Vititoe as described in Deed Book 2796 at Page 315,Nathan J. and Jennifer D.Dove as described in Deed Book 2158 at Page 796, Richard A. Anderson as described in Deed Book 1322 at Page 201, Hal N. &Jennifer H. Bridgers as described in Deed Book 968 at Page 793, Section 21,Part 1 and 2 for Boiling Spring Lakes and Section 11, Part 1 for Boiling Spring Lakes,North 15°34'58"West a distance of 6337.62 feet to a Granite Stone marked"DLO",thence; 12) along the easterly line of said Section 11, Part 1 for Boiling Spring Lakes and Reeves Telecom Limited Partnership as described in Deed Book 760 at Page 909, North 09°17'31" East a distance of 2200.03 feet to a concrete monument found,thence; 13) along the northeasterly line of said Reeves Telecom Partnership,North 43°14'26" West passing through a monument set at a distance of 1125.56 feet and continuing for a distance of 4 ! l ����'f �VMV� �i-1�-2010 11111111 1111111 1 �111 111 111 1 11 111 Brenda CI. Clemmans:a1.®a3 Brunswick County, NC Register of Deeds page 5 of 5 20.36 feet further for a total distance of 1145.92 feet to a point in the run of Allen's Creek (Kendall Creek),thence; 14) easterly along the run of Allen's Creek(Kendall Creek)as it meanders approximately 39,732 feet(said course having a tic line of North 66°18'24"East 25,437.44 feet),to its intersection with the westerly line of River Road(100 feet wide),the point and place of beginning, Said tract comprising an area of 173,548,708 square feet, 3984.13 acres more or less. 5 • . l ' Bak PEN �' .io-za.m thillincilTym119)11 ofDesgaminof490m4 &rum Register of Deeds Brenda M. Clemmons Brunswick County, i;C i1-10-2010 SB�COIP..4$33300.00 it 381937 • Nc RE • _- C Ret: 1 PREPARER HAS NOT SEARCHED _ , a:. _• it:r AND DOES NOT CERTIFY TITLE • ' �� — ;aS r,4'` L.: f1;2Po I�i:�rJ�B dL'�'1G`�:IX71�OR TO THE PROPERTY DESCRIBED HEREIN • Prepared by: McGuireWoods LLP 300 North Third Street, Suite 400 Wilmington,North Carolina 28401 Revenue Stamps: $33,300.00 Tax Parcel Numbers: Part of Parcel Number 1440000108 Part of Parcel Number 1440000109 STATE OF NORTH CAROLINA GENERAL WARRANTY DEED COUNTY OF BRUNSWICK THIS GENERAL WARRANTY DEED (this"Deed"), dated as of November l'© 2010, is made by LILLIPUT INTERESTS,LLC,a North Carolina limited liability company (the "Grantor"),to ORTON PLANTATION HOLDINGS,LLC, a Delaware limited liability company(the"Grantee"),whose address is 1251 Avenue of the Americas, l7`h Floor,New York, New York 10020. WITNESSETH: THAT the Grantor, by these presents does grant, assign,transfer and convey unto the Grantee, in fee simple,all of Grantor's right,title and interest in and to that certain property situated in Brunswick County, North Carolina; and more particularly described on Exhibit A attached hereto. TO HAVE AND TO HOLD the aforesaid property,together with all easements, tenements, privileges and appurtenances thereunto belonging to the Grantee in fee simple forever. 11 1m 2m�m 111111111111111111111111111111111111 �31 P°59116;0Q-2010©4 Brunswick County, NC Register of peed:' C1emMons • 1 • page 2 of 9 And the Grantor covenants with the Grantee,that Grantor is seized of the said premises in fee simple and has the right to convey the same in fee simple;that the same are free from encumbrances; and that the Grantor will warrant and defend the title against the claims of all persons whatsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the exceptions set forth in Exhibit B attached hereto. IN WITNESS WHEREOF,the Grantor has duty executed this Deed,all as of the day and year first above written. GRANTOR: LILLIPUT INTERESTS, LLC Uy. /vim •'1,' Samuel N. Sprunt, Jr., Manager 2 lI1III1JJ'fiJIflI1 PMM92 T00 4 10 1004 grunswzck County, NC Register of Deeds M. Clem STA it OF NORTH CAROLINA p�g� a of 9 COUNTY OF N kJ homy 1, Ihi 14 Y tAr: , a Notary Public of the County and State aforesaid, certify that Samuel N. Sprunt,Jr.personally appeared before me this day and acknowledged that he is the Manager of Lilliput Interests, LLC, a North Carolina limited liability company(the"Company"),and that he, as the Manager of the Company, being authorized to do so, voluntarily executed the foregoing instrument on behalf of the Company for the purposes stated therein. I certify that the Signatory personally appeared before me this day,and (check one of the following); V (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory's identity,by a current state or federal identification with the Signatory's photograph in the farm of: (check one of the following) a driver's license; or other(describe: );or (a credible witness has sworn to the identity of the tSignatory). WITNESS my hand and official seal this lC_day of E�+(Ii , 2010. 1AAW . Notary Public TM: VA —' (type or print name) My commission expires: 1�AC: `tl CofI f'/f • • NOTARY . (-NOTARIAL SEAL) - • * * * ; may•• PUBLIC i�jy• •G� f Ad . 3 1, 14 2010 It)fllE1111111jiUyMtU1r11 ! d041 g i.n ons-4,.o run Co s page 4 of 9 Exhibit A FIRST TRACT(Part of Parcel Number 1440000108): BEGINNING at a point which is the intersection of the western right-of-way line of N.C. Highway No. 133 and the division line between J. Laurence Sprunt, et al and Laurence Clark as established by Order of the District Court of Brunswick County dated April 26, 1972,a copy of which is recorded in Book 263, Page 515 (the beginning point of said division Iine being identified in said Order as being North 8 degrees 15 minutes West 670.46 feet from a stone,an old Sprunt corner,and South 8 degrees 15 minutes East a distance of about 822 feet from the run of Summerhouse Branch);thence leaving said right-of-way of N.C. Highway No, 133 South 85 degrees 30 minutes West along said Sprunt-Clark division line and along the northerly line of the tract described in deeds recorded in Book 75, Page 122 and Book 87,Page 620, 946 feet; thence South 20 degrees 15 minutes East 344 feet to a stone near a gum tree;thence South 81 degrees 45 minutes West 854 feet to a stone; thence North about 10 degrees West to Summerhouse Branch; thence up said branch to a corner of Tract i of the Division of Frank Brown, Sr. Estate as shown on the map thereof recorded in Map Book 6,Page 64; thence North 86 degrees 10 minutes West along the southerly line of said Tract I of the Division of Frank Brown, Sr. Estate 980 feet to a stone;thence North 13 degrees 10 minutes West along the westerly lines of Tracts 1,2 and 3 of said Frank Brown, Sr. Estate Division as shown on said map 843 feet to the southwest corner of Tract 4 of said Frank Brown, Sr. Estate Division; thence North 69 degrees 48 minutes East along the southerly line of said Tract 4 of said division 2,323 feet to the western right-of-way line of N.C. Highway No. 133; thence northwardly along said western right-of-way line of said highway about 625 feet to a culvert under said highway accommodating the waters of Dark Bay Branch;thence eastwardly along Dark Bay Branch to the edge of Sandhill Mill Pond; thence northwardly and westwardly along the edge of Sandhill Mill Pond as shown on the map of said Frank Brown, Sr. Estate Division recorded in Map Book 6, Page 64,to the northeast corner of Tract 6 as shown on said map;thence South 23 degrees East along the easterly line of said Tract 6,443 feet to the southwesterly corner of Tract 5A of said division;thence North 86 degrees 05 minutes East along the southerly line of said Tract 5A,626 feet to the western right- of-way line of N.C. Highway No. 133; thence southwardly along said western line of said highway 399 feet to Pretty Pond Road, as shown on said map; thence westwardly following Pretty Pond Road and the northerly lines of Tract 4 of said Frank Brown, Sr. Estate Division North 78 degrees 30 minutes West 703 feet, South 34 degrees 45 minutes West 370 feet and South 57 Degrees West 491 feet to the southernmost corner of Tract 6 of said division; thence North 23 degrees West, along the dividing line between Tracts 5 and 6 of said division, 926 feet to Sandhill Mill Pond; thence westwardly along Sandhill Mill Pond to a line of the first tract described in a deed from Hargrove Bellamy and wife to Town Creek Timber Company recorded in Book 248,Page 788; thence South 3 degrees West along said line 1,092 feet to a corner of the first tract described in said deed recorded in Book 248, Page 788,thence South 73 degrees 30 minutes West along the southerly line of said first tract described in said deed recorded in Book 248, Page 788, 5,100 feet, more or less,to a corner of a tract now or formerly owned by the Weyerhaeuser Company, formerly North Carolina Pulp Company, as shown on a map recorded in Map Book 2, Page 165;thence South 70 degrees 50 minutes West along a line of the Weyerhaeuser tract as shown on said map 464 feet to an old corner of Lilliput Plantation in 4 15 .10-2010 • 11111111111ill 1111E1 1111 ti Br nd r!t.I C1emi6M:fl0ons:41.004 Brenda Brunswick County, NC Register of Deeds page 5 of 9 Negro Head Bay; thence South 13 degrees 53 minutes East along another of Weyerhaeuser Company's lines 1,170 feet, more or less, to Caney Branch;thence southwestwardly along Caney Branch to its intersection with the northern right-of-way line of N.C. State Road No. 152I (formerly the old Be]grange Road);thence westwardly along the northern right-of-way line of State Road No. 1521 to a curve towards the north; thence northwestwardly continuing along said northern line of State Road No. 1521 about 250 feet to a stone marked"D.L.G.",opposite a corner of the town limits of Boiling Spring Lakes; thence southwestwardly crossing State Road No. 1521 to said corner of the town limits of Boiling Spring Lakes; thence South 69 degrees 25 minutes West about 1,720 feet along a boundary line of Boiling Spring Lakes to a stone marked "D.L.G.";thence South 44 degrees 52V2 minutes West along another boundary line of Boiling Spring Lakes 835.9 feet to a stone marked "D.L.G."thence along another boundary line of Boiling Spring Lakes South 44 degrees 551/2 minutes East 1,270.8 feet to a corner of the town limits of Boiling Spring Lakes which is in the northern line of a tract now or formerly owned by International Paper Company as shown on a map recorded in Map Book 3,Page 153;thence eastwardly along said northern line of the International Paper Company tract 300 feet, more or less,to a stone"D.L.G."marking the northeast corner of said paper company tract;thence South 12 degrees East along said International Paper Company easterly line about 6,000 feet to a stone • "J.L.S." in Eagles Branch;thence westwardly along Eagles Branch,as it meanders,to a stone marking the southeast corner of the "Pretty Pond' 156.17 acre tract now or formerly owned.by International Paper Company as shown on said map recorded in Map Book 3,Page 153;thence North 86 degrees 20 minutes West along the southern line of said 156.17 acre tract 1,980 feet to the easterly town limits of Boiling Spring Lakes;thence South 11 degrees East along said easterly line of Boiling Spring Lakes about 5,000 feet to a cypress in the run of Allen's Creek (Allen's Creek is sometimes called Kendall Creek,Lilliput Creek or McKensie Creek), thence northeastwardly and Eastwardly in the run of Allen's Creek to the old upper dam of Allen's Creek(the run of Allen's Creek at the dam is the middle of three channels at the dam); thence continuing eastwardly in the run of Allen's Creek, utilizing the shortest distance where the creek seems to have more than one channel as in the case of two shortcuts through horseshoe bends,to and through the old dam which is just west of N.C.Highway No. 133 to a point in the western right of way of N.C. Highway 133,thence northwardly along the western right of way of N.C. Highway 133 approximately 5,225 feet to the point of Beginning. SECOND TRACT(Part of Parcel Number 1440000109): Commencing at a#5 rebar with cap set, said point having North Carolina Grid Coordinates(NAD83NSRS2007)of Northing= 109,142.01 and Easting=2,309,781.15, thence; South 56°05'17" West a distance of 1991.25 feet to the centerline of Orton Pond,the Point of Beginning, thence the following seven courses along the centerline of said Orton Pond and lands of the United States of America described in Deed Book 189 Page 515,North 85°20'37" West a distance of 682.69 feet to a point,thence North 64°46'44" West a distance of 610.47 feet to a point, thence South 76'29`13" West a distance of 793.80 feet to a point, thence South 17'41'12" West a distance of 648.16 feet to a point, thence South 39°04'49" West a distance of 402.12 feet to a point, thence North 88°56'15" West a distance of 234.07 feet to a point,thence South 47°41'19'1 West a distance of 419.11 feet to a point, said point bearing South 04°2I'11"East a distance of 1688.60 feet from a#5 rebar with cap set,having North Carolina Grid Coordinates (NAD83NSRS)of Northing= 108,637.35 and Fasting—2,305,001.15,thence leaving said 5 11l1I 1[1111I1I11111I1I111111111IIIIPellt21.5E.11.51.Ti'14 • Brunswick County, NC Register of Deeds page 6 of 9 centerline of Orton Pond and along the lands of Lilliput Interests LLC as set forth in instrument recorded in Deed Book 2686 at Page 203 North 19°13'22" West a distance of 478.52 feet to a point in the centerline of the Quince-Branch,thence the following thirty-six courses along said Quince Branch and said lands of Lilliput Interests LLC;North 57°15'11" West a distance of 374.54 feet to a point, thence North 66°46'37" West a distance of 298.59 feet to a point, thence North 76°11'36" West a distance of 281.02 feet to a point,thence North 89°31'36" West a distance of 180.45 feet to a point,thence South 83°14'28" West a distance of 468.53 feet to a point,thence South 72°04'31" West a distance of 324.44 feet to a point,thence South 41°17'29" West a distance of 275.71 feet to a point,thence South 81°09'32" West a distance of 315.78 feet to a point,thence South 72°38'49" West a distance of 340.18 feet to a point,thence South 72°49'22" West a distance of 318.80 feet to a point,thence North 80°14'26"West a distance of 317.14 feet to a point,thence South 61°14'16" West a distance of 168.94 feet to a point,thence South 48°30'26" West a distance of 65.16 feet to a point,thence South 83°59'41" West a distance of 96.46 feet to a point,thence South 52°48'13" West a distance of 211.57 feet to a point,thence South 26°18'17" West a distance of 88.52 feet to a point, thence South 26°40'34" West a distance of 99.62 feet to a point, thence South 85°08'13" West a distance of 56.78 feet to a point,thence South 70°45'28" West a distance of 48.43 feet to a point, thence South 57°15'16" West a distance of 75.80 feet to a point, thence South 58°35'16" West a distance of 113.76 feet to a point, thence South 04'35'48" West a distance of 46.33 feet to a point, thence South 05°14'20" East a distance of 65.68 feet to a point,thence South 81°22'53" West a distance of 45.06 feet to a point,thence South 17°15'52" West a distance of 66.78 feet to a point,thence North 56°34'19" West a distance of 62.13 feet to a point, thence South 75°34'44" West a distance of 68.79 feet to a point,thence North 38°39'21" West a distance of 8.87 feet to a point,thence North 28°35'48" East a distance of 52.42 feet to a point,thence North 86°06'04" West a distance of 96.02 feet to a point,thence North 75°57'20" West a distance of 35.60 feet to a point, thence North 30°24'56" West a distance of 9.45 feet to a point,thence North 40°17'38" East a distance of 21.75 feet to a point,thence North 62°57'31" East a distance of 38.57 feet to a point,thence North 21°59'03" West a distance of 104.79 feet to a point,thence North 33°45'55" West a distance of 65.42 feet to a point in the southerly right-of-way of River Road (NC Highway 133)(100 feet wide),said point bearing South 33°45'55"East a distance of 51.80 feet from a magnetic nail set in the centerline of said River Road(100 feet wide),thence the following three courses along said southerly right-of-way of River Road (100 feet wide);North 41°03'01" East a distance of 3963.16 feet to a rebar with cap set, thence with a curve to the right having a radius of 5679.53 feet, a chord bearing of North 52°50'23"East,a chord length of 2320.82 feet,for an arc length of 2337.28 feet,to a rebar with cap set,thence North 64°37'44" East a distance of 1353.58 feet to a point, said point bearing South 21°36'40"East a distance of 50.10 feet from a magnetic nail found in the centerline of said River Road,thence the following twenty-six courses along the Ramro Branch and the centerline of Venison Cove and lands of Orton Longleaf LLC as set forth in instrument recorded in Deed Book 2684 at Page 512; South 26°41'23" East a distance of 48.06 feet to a point,thence South 19°17'38" East a distance of 96.74 feet to a point,thence South 52°01'31" East a distance of 130.91 feet to a point,thence North 51°42'43" East a distance of 145.94 feet to a point,thence South 87°35'08" East a distance of 136.85 feet to a point, thence North 43°42'l0" East a distance of 123.91 feet to a point, thence North 54°18'00" East a distance of 47.19 feet to a point, thence South 86°24'59" East a distance of 110.74 feet to a point, thence South 51°45'51" East a distance of 155.75 feet to a point, thence South 33°43'17" East a distance of 111.32 feet to a point, thence South 26°51'43" East a distance of 169.19 feet to a point,thence South 00°15'47" East a distance 6 • 1111llll1lllllllfll1 1llllllll ll 11 1@ 2@i@ Y31 4 P�59 y6:@flr41.@04 Brenda 11, Ciemmans Brunswick County, NC Register of Deeds page 7 of g of 190.19 feet to a point, thence South 34°58'00" East a distance of 192.86 feet to a point,thence South 40°48'59" East a distance of I44.26 feet to a point, thence South 13'38'17" East a distance of 143.00 feet to a point, thence South 21°20'00" West a distance of 89.63 feet to a point,thence South 01°I 5'19" East a distance of 169.08 feet to a point, thence South 28°04'04" East a distance of 216.74 feet to a point, thence South 37'18'59"East a distance of 161.99 feet to a point,thence South 49°02'07"East a distance of 193.68 feet to a point, thence South 05°29'25" West a distance of 209.00 feet to a point,thence South 52°16'54" East a distance of 83.62 feet to a point, thence South 23'43'28" East a distance of 83.77 feet to a point,thence South 33°55'35" East a distance of 594.52 feet to a point,thence South 08°11'34" East a distance of 268.13 feet to a point,thence South 21°56'06" East a distance of 360.94 feet to a point,thence leaving said centerline of Venison Cove, South 15°38'52" West a distance of 665.42 feet to the point and place of beginning, said tract comprising an area of 18,420,068 square feet,422.87 acres more or Iess. The above-described property is conveyed together with easements described and conveyed in an easement deed dated June 30, 1982 from Reeves Telecom Associates,recorded in Book 502, Page 986. Excepting,however,from the FIRST TRACT above described those lots or tracts conveyed by deeds recorded in Book 122, Pages 256,276 and 602; Book 125,Page 227;Book 147, Page 284; Book 162,Page 431; and Book 296,Page 216,reserving,however,to Samuel N. Sprunt and his heirs and assigns all rights reserved or retained by the Grantors in said deeds. The above-described property is a portion of the property described and conveyed in a deed dated March 28, 1984 from Kenneth M. Sprunt,et al,to Orton Plantation, a North Carolina general partnership, recorded in Book 600, Page 931. 7 it iiilll f l l 1111llll 111 lilil l ilk ICI 8314 P@597 m nns-461�04 • Brunswick County, NC Register of Deeds pact $ of B Exhibit B I. 2010 and subsequent years' ad valorem taxes,and any deferred taxes under N.C.G.S. Section 105-277.1P et seq. 2. Right of Way Agreement in favor of State Highway& Public Works Commission recorded in Book 125,Page 192, Brunswick County Registry. 3. Easement& Right of Way in favor of Carolina Power &Light Company recorded in Book 133,Page 49, Brunswick County Registry. 4. Consent Judgment in favor of Carolina Power&Light Company recorded in Book 292, Page 71, Brunswick County Registry. 5- Grant of Easement in favor of North Carolina Natural Gas Corporation recorded in Book 879, Page 30, Brunswick County Registry. 6. Right-of-Way Easement to Brunswick Electric Membership Corporation recorded in Book 933,Page 1048, Brunswick County Registry. 7. Access Easement Agreement in favor of Carolina Power&Light Company recorded in Book 995, Page 448, Brunswick County Registry,amended by instrument recorded in Book 2937 at Page 915, Brunswick County Registry. 8, General Permit to Southern Bell Telephone&Telegraph Co. recorded in Book 123,Page 571, Brunswick County Registry. 9. General Permit between Southern Bell Telephone &Telegraph Company and Mr. &Mrs. James L. Sprunt recorded in Book 189,Page 47, Brunswick County Registry. 10. A portion of the subject property is subject to an easement to the United States of America, recorded in Book 189, Page 513, Brunswick County Registry. 11.Any portion of the Property lying within the bounds of any streets,roads,highways, pathways,cartway, etc., or rights of way thereof. 12. Rights of others in and to the continued uninterrupted flow of Orton Pond and any creeks, and branches located on the Property. 13. Any encroachments, overlaps, boundary line disputes, easements,measurements,power line rights of way,variations in area or content, party walls or other facts which a correct survey and inspection of the property would show. I4. Rights of others, if any,in and to any private roads or cemeteries affecting the property. 8 iiIiiiiiIJJI1i1lIi IIII I1I1111 B324 P0598 ;6- 0 a°'ad4 ndaBrunswick County, NC Register of eDeeds paa emroorts ge 9 of 9 15. All governmental land use statutes, ordinances and regulations applicable to the property including zoning, building and subdivision regulations. 9 ram 11-10-gm1005 of D grAMINIER s ds1. T ; 1naf t0 ` Ret: 3l `f-( Citrf�t DCe,� lash Finance .,.,`:1•,ur&ril 7.7e is ible due i4�irdidoe PREPARER HAS NOT SEARCHED '1;'' ' " y AND DOES NOT CERTIFY TITLE TO THE PROPERTY DESCRIBED HEREIN Prepared by: McGuireWoods LLP 300 North Third Street, Suite 400 Wilmington,North Carolina 28401 Revenue Stamps: None Tax Parcel Number: Part of Parcel Number 1440000108 STATE OF NORTH CAROLINA QUITCLAIM DEED COUNTY OF BRUNSWICK THIS QUITCLAIM DEED(this"Deed"), dated as of November [O 010, is made by LILLIPUT INTERESTS,LLC,a North Carolina limited liability company(the"Grantor"), to ORTON PLANTATION HOLDINGS, LLC, a Delaware limited liability company (the "Grantee"), whose address is 1251 Avenue of the Americas, 17th Floor,New York,New York 10020. WITNESSETH: THAT that the Grantor has and by these presents does remise, release and quitclaim unto the Grantee all the Grantor's right, title and interest in and to that certain lot or parcel of land situated in Brunswick County, North Carolina and more particularly described on Exhibit A attached hereto. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. 111111E1111111111111111111111111 3� 4 R @ ans 4°14165 Brunswick County, NC Register of Deeds page 2 of 10 IN WITNESS WHEREOF, the Grantor has duly executed this Deed,all as of the day and year first above written. GRANTOR: LILLIPUT INTERESTS,LLC By: Samuel N. Sprunt,Jr.,Manager 2 ll` � 0PE1ti-1Q-zD70 STA I h OF NORTH CAROLINNA NUR �k MI�5 E $rende I1. Ciemmons 16flfl41flfl Brunswick County: NC Register a{ Deeds Page a of 10 COUNTY OF Ntl,,ki VYt{ I, "'Ili' lA1 i ,a Notary Public of the County and State aforesaid, certify that Samuel N. Sprunt,Jr. personally appeared before me this day and acknowledged that he is the Manager of Lilliput Interests,LLC,a North Carolina limited liability company(the"Company"), and that he, as the Manager of the Company, being authorized to do so, voluntarily executed the foregoing instrument on behalf of the Company for the purposes stated therein. I certify that the Signatory personally appeared before me this day, and (check one of the following): V" (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory's identity,by a current state or federal identification with the Signatory's photograph in the form of: (check one of the following) a driver's license; or other(describe: );or (a credible witness has sworn to the identity of the Signatory). WITNESS my hand and official seal this 1 day of 1\ifiVernicRY ,2010. 5Avi MC/7— Notary Public Tea kl (type or print name) My commission expires: 4CtII-9<ci` 61125p2--- _ :• NOTARY • ir * * , (NOTARIAL SEAL) PUaUG .= 3 [[ !! ! ii ���Gf� ��6�� 16f00^401 i0Fl5 11II ll��l l� �l���� � � ���l�l Brenda Nf. C1emmans Brunswick County, NC Register of Deeds page 4 of 10 Exhibit A FIRST TRACT: Commencing at a concrete monument in the northerly right-of-way of Funston Road (SR1521)(60 feet wide) in the eastern line of lands of Town Creek Timber Company as described in Deed Book 460 at Page 166,thence; South 00°01'07"West a distance of 73.70 feet, thence South 00°01'43"East a distance of 88.27 feet to a granite stone marked"Sprunt"being the southeast corner of the aforementioned Town Creek Timber Company Iands and having North Carolina Grid Coordinates(NAD83NSRS2007)of Northing= 127,154.53 and Basting= 2,310,572.72,being the Point of Beginning, thence; 1)North 00°01'43" West a distance of 88.27 feet to a concrete monument found in the southerly right-of-way of said Funston Road(60 feet wide), thence the following 6 courses alongthe southerly right-of-way of said Funston Road(60 feet wide); 2)North 54°40'16" East a distance of 238.63 feet to a#5 rebar with cap set, thence; 3)North 66°49'37" East a distance of 495.84 feet to a#5 rebar with cap set,thence; 4) North 57°06'07" East a distance of 288.89 feet to a#5 rebar with cap set, thence; 5)with a curve to the left having a radius of 480.00 feet, a chord bearing of North 43°13'33" East,a chord length of 230.23 feet, for an arc length of 232.50 feet to a#5 rebar with cap set, thence; 6)North 29°20'59" East a distance of 166.91 feet to a#5 rebar with cap set,thence; 7) with a curve to the right having a radius of 219.77 feet,a chord bearing of North 63°22'48" East,a chord length of 245.98 feet, for an arc length of 26I.06 feet to a#5 rebar with cap set, thence; 8) South 82°35'24" East a distance of 557.17 feet to a#5 rebar with cap set at the intersection of said southerly right-of-way of Funston Road(60 feet wide)with the westerly right-of-way of River Road(North Carolina State Highway 133)(100 feet wide),thence the following two courses along the westerly right-of-way of said River Road(100 feet wide); 9) South 30°54'49" East a distance of 596.12 feet to a#5 rebar with cap set, thence; 10) with a curve to the right having a radius of 7949.35 feet,a chord bearing of South 30°10'40" East,a chord length of 204.16 feet, for an arc length of 204.17 feet to a 45 rebar with cap set, thence; 11) along the northerly line of Towanna Michele Spencer as described in Deed Book 2191 at Page 1120 and the northerly line of Samuel Brown as described in Deed Book 156 at Page 673, South 65°51'11" West a distance of 2300.98 feet to a concrete monument marking the northwest corner of said Samuel Brown lands,thence; 12) along the westerly line of said Samuel Brown, William B Picketts as described at Deed Book 166 at page 596, and Christobell Delts as described at Deed Book 344 at page 317, South 17°07'21"East a distance of 844.34 feet to a granite stone marked"Sprunt" marking the southwest corner of the aforementioned Christobell Delts land, thence; 13) along the southerly line of said Christobell Delts, South 89°36'58" East a distance of 980.55 feet to a granite stone marked"Sprunt"marking the southeast corner of the said Christobell Delts land and the southwest corner of Samuel Brown lands as described in Deed Book 160 at Page 486, thence; • llII 11 DJ�� R0603a:eaaa�ovs • 1111#1111111111111111311 I l l Brenda t1. C 1emMnns Brunswick County, NC Reg1ster of Deeds page 3 o€ 10 14 )alongthe southerlyline of said Samuel Brown lands,North 77 5N 43 East a distance of feet to a 107.05granite "Sprunt"stone marked"S "markingthe northwest corner of lands of Leatha Sidbury as described in Deed Book 1293 at Page 1306, thence; 15) along the westerly line of lands of said Leatha Sidbury, Lee Andrews Clark as described in Deed Book 904 at Page 1064,and Lawrence and Rudolph Brewington as described in Deed Book 816 at page 308, South 10°44'42" East a distance of 980.54 feet to a granite stone marked "Sprunt"marking the southwest corner of said Brewington lands, thence; 16)along the south line of said Brewington,North 81°37'17" East a distance of 846.46 feet to a granite stone marked"Sprunt",thence; 17) along the south line of said Brewington, South 86°24'13" East a distance of 1026.95 feet to a rebar found in the westerly right-of-way of River Road (North Carolina State Highway No. 133)(100 feet wide),thence; 18) along the westerly right-of-way of said River Road(100 feet wide), South 24°48'26"East a distance of 1827.92 feet to a concrete monument found marking the northeast corner of lands of Lillie Mae Roberts and Wilma Brown as described in Deed Book 122 at page 256,thence; 19)along the northerly line of said Roberts and Brown lands, South 65°12'05" West a distance of 417.03 feet to a concrete monument found marking the northwest corner of said Roberts and Brown lands,thence; 20) along the westerly line of lands of said Roberts and Brown and Charles and Josy Reaves Smith as described in Deed Book 162 at page 431, South 24°48'32" East a distance of 312.99 feet to a#5 rebar with cap set marking the southwest corner of said Smith lands,thence; 21)along the southerly line of said Smith lands,North 65°11'56" East passing through a concrete monument found at a distance of 417.15 feet and continuing 1.13 feet further for a total distance of 418.28 feet to a point on the westerly right-of-way of River Road (North Carolina State Highway 133)(100 feet wide)said point being 3104.3 feet plus or minus north of the north edge of the concrete bridge over Alien's Creek(Kendall Creek),thence the following three courses along the westerly right-of-way of said River Road (100 feet wide); 22) South 24°44'27" East a distance of 2385.83 feet to a rebar with aluminum disc found,thence; 23) South 24°15'20" East a distance of451.51 feet to a to a rebar with aluminum disc found, thence; 24) South 22°47'05" East a distance of 250.29 feet to a point marking the intersection of the westerly right-of-way of said River Road(100 feet wide) with the centerline of Allen's Creek (Kendall Creek), thence; 25)westerly along the run of said Kendall creek as it meanders,a distance of 35,517 feet more or less to the intersection of the run of said creek with the easterly line of lands of Joseph N, JR. and Carolyn T. Lewis as described in Deed Book 2866 at Page I083 (said course having a tie line of South 67°59'20" West a distance of 22,496.92 feet),thence; 26)along said easterly line of lands of Joseph N,JR. and Carolyn T. Lewis,North 14°24'27" West passing through an existing iron pipe at 7.02 feet, said pipe having North Carolina Grid Coordinates(NAD83NSRS)of Northing= 111,581.73 and Easting=2,295,486.03 and continuing 1609.34 feet more for a total distance of 1616.36 feet to a rebar found, thence; 27)along the easterly line of Brittany Woods, Section 14 as described in Map Book G at page 279,North 14°15'50T' West a distance of 1867.48 feet to a rebar found,thence; 28)along the easterly line of Brittany Woods, Section 14 as described in Map Book G at page 279, North 14°21'53"West a distance of 1625.36 feet to a rebar found marking the northeast corner of Lot 42 of said Brittany Woods, Section 14,thence; 5 111111 lii I11I 1II III B314 P@6E m aET.L, Brunswick County, NC Register of Deeds page mg of 1@ 29) along a southerly line of Brittany Woods, Section 14,North 85°44'04" East a distance of 190.10 feet to an existing iron pipe marking the southeast corner of lot 40 of said Brittany Woods, Section 14, thence; 30) along the easterly line of Lot 40 of Brittany Woods, Section 14 North 15°10'44" West a distance of 21.56 feet to a monument marking the southwest corner of lands owned by Camp Pretty Pond as described in Deed Book 176 at page 468,thence the following three courses along the southerly line of said Camp Pretty Pond lands; 31)North 89°51'40" East a distance of 588.20 feet to an existing iron pipe, thence; 32)North 89°56'08" East a distance of 1025.26 feet to a concrete monument found,thence; 33)North 89°52'00" East a distance of 397.33 feet to a concrete monument found marking the southwest corner of lands of the State of North Carolina as described in Deed Book 2060 at page 1002,thence the following twenty courses along said State of North Carolina lands and the centerline of the Eagles Branch; 34)North 66°54'06" East a distance of 463.78 feet to an existing iron pipe, thence; 35)North 43°28'20" East a distance of 169.65 feet to a point,thence; 36)North 55°51'17" East a distance of 152.70 feet to a point,thence; 37)North 45°14'18" East a distance of 70.12 feet to a point,thence; 38)North 28°17'49" East a distance of 71.86 feet to a point,thence; 39) North 43°23'17" East a distance of 161.15 feet to a point,thence; 40)North 55°57'41" East a distance of 181.58 feet to a point, thence; 41)North 79°15'36" East a distance of 156.08 feet to a point,thence; 42)North 72°07'11" East a distance of 117.22 feet to a point, thence; 43) South 79°31'40" East a distance of 177.57 feet to a point,thence; 44) South 77°50'03" East a distance of 172.82 feet to a point,thence; 45) South 45°15'01" East a distance of 315.10 feet to a point,thence; 46)North 79°51'39" East a distance of 51.66 feet to a point,thence; 47)North 36°04'25" East a distance of 45.37 feet to a point,thence; 48) South 57°3 1'06" East a distance of 150.97 feet to a point, thence; 49)North 43°19'00" East a distance of 176.55 feet to a concrete monument found, thence; 50)North 38°42'08" West a distance of 115.43 feet to an existing iron pipe point, thence; 51) South 82'16'42" East a distance of 873.79 feet to an existing iron pipe, thence; 52) South 54°52'33" East a distance of 179.87 feet to an existing iron pipe,thence; 53)North 39°59'49" East a distance of 212.36 feet to a concrete monument marking the southeasterly corner State of North Carolina lands as described in Deed Book 2060 at Page 1002, thence; 54) along the easterly line of said State of North Carolina lands,North 16°04'33" West a distance of 5847.99 feet to a granite stone marked"DLG"marking the northeast corner of said State of North Carolina lands,the southeast corner of Donna M &Lee Norris as described in Deed Book 2680 at Page 700 and having North Carolina Grid Coordinates(NAD83NSRS) of Northing= 122,805.33 and Easting=2,298,048.10, thence; 55)along the easterly line of said Norris lands, Becky H Long lands as described in deed Book 1170 at Page 936,and Glenn W Golding as described in Deed Book 389 at page 302,North 49'21'52"West a distance of 1191.31 feet to a granite stone marked"DLG"marking an interior corner of said Golding lands, thence; 6 111111111111111111111i11111111111I1J P Deed 74-t0-2p1@ 16 e0 at a0S Brunswick County, NC Register of s page 7 of 1Q1 56)along the easterly line of lands of said Golding, Richard A &Teresa R. Milner as described in Deed Book 1137 at Page 404 and a gap between said Milner property and the easterly line of Sidney O. and Linda L. Mullins lands as described in deed Book 1576 at page 995, North 41°13'57" East a distance of 862.49 feet to a#5 rebar with cap set,thence; 57) along the easterly line of John W. and Tammy S. Harrison as described in Deed Book 808 at Page 1019 and William and Patricia Willetts as described in Deed Book 2098 at page 625, North 64°58'45"East passing through a concrete monument at a distance of 1514.94 and continuing for a distance of 66.65 more for a total a distance of 1581.59 feet to a#5 rebar with cap set in the northerly right-of-way of Funston Road(SR1521)(60 feet wide)and marking the southwest corner of TF Holdings Limited Partnership as described in Deed Book 987 at page 849,thence the following nine courses along the northerly right-of-way of said Funston Road (60 feet wide) and the southerly Iine of said IF Holdings Limited Partnership lands; 58) with a curve to the left having a radius of 269.98 feet,a chord bearing of South 67°19'39" Fast, a chord length of 126.40 feet,for an arc length of 127.58 feet to a#5 rebar with cap set, thence; 59) South 80°51'56" East a distance of 451.08 feet to#5 rebar with cap set,thence; 60) South 82°40'10" East a distance of 392.02 feet to a#5 rebar with cap set,thence; 61) South 83°21'46" East a distance of 460.67 feet to a#5 rebar with cap set,thence; 62) South 80°46'34" East a distance of 339.18 feet to a#5 rebar with cap set,thence; 63) South 83°06'30" East a distance of 374.30 feet to a#5 rebar with cap set,thence; 64) South 81°52'03" East a distance of 1191.33 feet to a#5 rebar with cap set, thence; 65) South 81°39'04" East a distance of 2831.16 feet to a#5 rebar with cap set, thence; 66) along an easterly line of said TF Holdings Limited Partnership lands,North 52'40'02" East a distance of 22.28 feet to a point,thence; 67) along an easterly Iine of said.TF Holdings Limited Partnership lands,North 25°04'14"East a distance of 295.14 feet to a concrete monument,thence; 68) along a southerly line of said TF Holdings Limited Partnership lands,North 63°53'31" East a distance of 406.85 feet to a concrete monument,thence; 69)along an easterly line of said TF Holdings Limited Partnership lands,North 17°13'46" West a distance of 1106.41 feet to a wood post,thence; 70)along a southerly line of said TF Holdings Limited Partnership lands North 71°09'22"East a distance of 440.70 feet to a concrete monument having North Carolina Grid Coordinates (NAD83NSRS) of Northing= 125655.44 and Easting= 2305839.08,marking the southeast corner of said TF Holdings Limited Partnership lands and the southwest corner of Town Creek Timber Company lands as described in Deed Book 460 at Page 166,thence; 71)along the southerly line of said Town Creek Timber Company lands,North 72'25'39" East a distance of 4964.93 feet to the point and place of beginning; Said tract comprising an area of 119,120,196 square feet, 2734.6E acres more or less. SECOND TRACT: Commencing at a granite stone marked"Sprunt" being the southeast corner of the Town Creek Timber Company lands as described in Deed Book 460 at Page 166 and having North Carolina Grid Coordinates (NAD83NSRS)of Northing_ 127,154.53 and Easting 2,310,572.72,thence; North 00°0143" West a distance of 88.27 feet to a monument found in the 7 111(11111111111111 iii Bread P. C1 m ons 15 Brunswick County, NC Register of Qeeds page 8 of 10 southerly right-of-way of said Funston Road(SR1521)(60 feet wide), thence;North 00°01'07" East a distance of 73.70 feet to monument found in the northerly right-of-way of said Funston Road(60 feet wide),the Point of Beginning,thence; 1) along the easterly line of Town Creek Timber Company lands as described in Deed Book 460 at Page 166,North 00°00'13" East a distance of 929.71 feet to a concrete monument found, thence the following three courses along the former Sand Hill Mill Pond and a south line of the said Town Creek Timber Company lands; 2)North 67"26'35" East a distance of 74.83 feet to a point, thence; 3)North 50'50'35" East a distance of 92.33 feet to a point,thence; 4)North 44°47'05"East a distance of 140.86 feet to a monument found marking the northwest corner of Bryan P. and Brenda B. Marshburn as described in Deed Book 1055 at Page 927, thence; 5) South 26°00'25"East a distance of 889.20 feet to a#5 rebar with cap set in the northerly right- of-way of said Funston Road(60 feet wide),thence the following three courses along the northerly right-of-way of said Funston Road (60 feet wide); 6) South 57°06'07"West a distance of 9.16 feet to a#5 rebar with cap set,thence; 7) South 66°49'37" West a distance of 497.10 feet to a#5 rebar with cap set,thence; 8) South 54°42'16" West a distance of 202.40 feet to the point and place of beginning; Said tract comprising an area of 411,201 square feet, 9.44 acres more or Iess, and also being shown on a survey map of Division of Frank Brown, Sr. Estate recorded in Map Book 6 at Page 64 of the Brunswick County Registry. THIRD TRACT: Commencing at a#5 rebar set at the intersection of the westerly right-of-way of River Road(North Carolina State Highway No. 133)(100 feet wide) with the southerly right-of-way of Funston Road(SR1521)(60 feet wide)having North Carolina Grid Coordinates (NAD83NSRS) Northing= 128,084.50 and Easting=2,312,477.81,thence;North 30°41'18"West a distance of 76.24 feet to a#5 rebar set,thence; North 30°41'31"West a distance of 146.08 feet to a point, thence;with a curve to the right having a radius of 4,549.63 feet,and a chord bearing of North 29°23'51"West, a chord distance of 205.55 feet,for an arc length of 205.57 feet to a#5 rebar set in the westerly right-of-way of said River Road,the Point of Beginning, thence; 1) along a northerly line of Bryan P.and Brenda B. Marshburn as described in Deed Book 1 055 at Page 927, South 82°10'50" West a distance of 571.75 feet to a concrete monument found, thence; 2) along a easterly line of said Bryan P. and Brenda B.Marshburn lands,North 26°53'34" West a distance of 441.99 feet to a concrete monument found,and continuing for a distance of 6.16 feet further for a total distance of 448.60 feet to a point in the former Sand Hill Mill Pond and the southerly line of Town Creek Timber Company lands as described in Deed Book 460 at Page 166, thence the following seven courses along said former Sand Hill Mill Pond and southerly line of Town Creek Timber Company lands, thence; 3) South 73°40'59" East a distance of 172.70 feet to a point, thence; 4) South 77°01'57" East a distance of 220.65 feet to a#5 rebar set, thence; 8 l! A-sm-am,m • lIL1iI1lIU1I11UUj1 .tUj1!iL83104 plofDeedspilal �osf4: 5) South 82°05'52" East a distance of 108.04 feet to a point,thence; 6)North 81°36'56" East a distance of 35.70 feet to a point,thence; 7)North 15°29'06" East a distance of 86.20 feet to a point,thence; 8)North 13°33'31" East a distance of 71.08 feet to a point,thence; 9) North 00°59'47" West a distance of 41.76 feet to a#5 rebar set in the westerly right-of-way of said River Road (North Carolina State Highway No. 133)(100 feet wide), thence; 10) along the westerly right-of-way of said River Road, South 26°44'36"East a distance of 350.16 feet to a#5 rebar set,thence; 11)along the westerly right-of-way of said River Road, on a curve to the left, having a radius of 4549.63 feet, a chord bearing of South 27°25'24"East, a chord distance of 107.98 feet, for an arc length of 107.98 feet to the point and place of beginning. Said tract comprising an area of 184,108 square feet,4.23 acres more or less, and also being shown on a survey map of Division of Frank Brown, Sr. Estate recorded in Map Book 6 at Page 64 of the Brunswick County Registry. FOURTH TRACT: Commencing at a#5 rebar set at the intersection of the westerly right-of-way of River Road(North Carolina State Highway No. 133)(100 feet wide)with the southerly right-of-way of Funston Road(5R152I)(60 feet wide)having North Carolina Grid Coordinates (NAD83NSRS2007)Northing= 128,084.50 and Easting=2,312,477.81, thence; South 63°18'49" East a distance of 186.61 feet to a#5 rebar set in the easterly right-of-way of River Road(North Carolina Highway No. 133)(100 feet wide),the Point of Beginning,thence the following four courses along the easterly right-of-way of said River Road; 1) North 30°54'49" West a distance of 156.20 feet to a#5 rebar set,thence; 2)North 30°41'31" West a distance of 223.30 feet to a#5 rebar set, thence; 3) with a curve to the right having a radius of 4449.64 feet,a chord bearing of North 28°43'04" West,a chord length of 306.60 feet,for an arc length of 306.66 feet to a#5 rebar set, thence; 4)North 26°44'36" West a distance of 345.43 feet to a#5 rebar set,thence the following nineteen courses along the former Sand Hill Mill Pond and a westerly line of Town Creek Timber Company lands as described in Deed Book 460 at Page 166; 5) South 59°20'33'East a distance of 68.41 feet to a point,thence; 6) South 34°10'07"East a distance of 71.87 feet to a point,thence; 7) South 47°50'39"East a distance of 68.14 feet to a point,thence; 8) South 81°37'31" East a distance of 75.94 feet to a point,thence; 9)North 66°11'56" East a distance of 69.70 feet to a point,thence; 10) South 83°01'06" East a distance of 65.38 feet to a point,thence; 11) South 50°15'53" East a distance of 74.54 feet to a point,thence; 12) South 30°36'05" East a distance of 40.65 feet to a point,thence; 13) South 35°38'56" East a distance of 79.06 feet to a#5 rebar set,thence; 14) South 30°03'34" East a distance of 122.27 feet to a point, thence; 15) South 58°08'41" East a distance of 73.63 feet to a point,thence; 16) South 06°16'11" East a distance of 82.89 feet to a point,thence; 17) South 30°36'20" West a distance of 81.06 feet to a point, thence; 9 { Q ///��{a` }}�rhy� 11 10-2010 • 111 Iil11111E Ili Ell 111 l�l Illlr Rea rie, 10 of Brunswick County, NCRegisof Deeds page 18) South 37°54'36" West a distance of 77.47 feet to a point,thence; 19) South 34°15'1 S" West a distance of 79.18 feet to a point,thence; 20) South 32°49'04" East a distance of 75.68 feet to a point,thence; 21) South 36°47'35" East a distance of 70.67 feet to a#5 rebar set, thence; 22) South 27°51'35" West a distance of 43.71 feet to a point,thence; 23) South 44°46'33" West a distance of 60.99 feet to the point and place of beginning. Said tract comprising an area of 194529 square feet,4.47 acres more or less, and also being shown on a survey map of Division of Frank Brown, Sr_Estate recorded in Map Book 6 at Page 64 of the Brunswick County Registry. 10 Major Permit Fee Schedule nntt a v� County: rt [N C1 Check No &Amount: 2 04(4 Project Name: � r}or. 1"'4�'`�`�T � rr� S � � k,e7101a V--L'ay 11, 2So• Op DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $25 100% ($250) 0% ($0) excavation of any wetlands or open water areas II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: 11_ 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: Ili(A). Private, non-commercial development,if General Water Quality $250 100% ($250) 0% ($0) Certification No.4175 can be applied: 411(B). Public or commercial development, if General Water Quality Certification $400 100°/0 ($400) 0% ($0) No.4175 can be applied: IIl(C). If General Water Quality Certification No.4175 could be applied, but DCM staff determined that additional $400 60%o ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No 4175 cannot be applied_ IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: