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HomeMy WebLinkAbout20071444 Ver 2_401 Application_20100810Natural Resource Restoration & Conservation August 11, 2010 North Carolina Department of Environment And Natural Resources Division of Water Quality 401 Oversight & Express Permitting Unit 1601 Mail Service Center Raleigh, N.C. 27699-1601 ATTENTION: Ian McMillan, Supervisor - ova, ?yo?? ? ASS R ` AR ST ? AP?`?1TR?? ?VWY 01-1444 U 24 y Ats all SUBJECT: Formal notification of Impacts to Isolated Wetland on Fairway #10 at Dormie Club Golf Course; Request Impacts be Authorized "after the fact", Moore County. The Dormie Club is a relatively new, widely heralded 18-hole golf course located north of NC-73 and east of Beulah Hill Church Road in an area half-way between West End and US 15-501. The course was designed by Coore and Crenshaw and construction was completed in 2009. It is my understanding that Jay Carter did most of the general environmental screening work for the project, including environmental permitting. Hobbs, Upchurch & Associates (HUA) did much of the engineering including the preparation of wetland plats, etc. I am aware that permits were acquired for impacts at holes #1 and #8, and Ken Averitte handled these regulatory issues before he retired. I have had extensive conversations with Chad Turlington in the Fayetteville Regional Office as I began to prepare for handling the regulatory matter at fairway #10. I am including the PCN, wetland maps and overall golf course lay-out prepared by HUA, a vicinity map, a check for $240.00 to cover Pilot Mill* 1101 Haynes St., Suite 211 • Raleigh, NC 27604 • www.restorationsystems.com • Phone 919.755.9490 • Fax 919.755.9492 Page 2 August 11, 2010 Ian McMillan, DWQ application fee for a minor permit action, copy of the deed and agency authorization letter. Please review and process at your earliest opportunity. I ask for some expedited treatment simply because the 0.40 acre area of impact (isolated wetland) at fairway # 10 is causing a major disruption in the playability of the hole. I learned that, during a site meeting between Jay Carter and others, including perhaps staff from DENR, it was decided to remove the fill dirt, which had been used to fill the void created when the wetland vegetation and soil had been removed earlier by the golf course contractor in preparation for installing sod. The excavated condition still exists in this portion of fairway #10. Most golfers who drive from the 10th tee end up with their golf balls in the excavated area. Thank you for your time and consideration. Please call me at 919- 334-9107 if you have any questions or simply need to discuss any aspect of the impacts at fairway #10. Sincerely, M. Randall Turner Enclosures cc: Chad Turlington 0r7 -- X444 V a- O?0F WATE9QG Office Use Only: Corps action ID no. o DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification PCN Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: E] Section 404 Permit E] Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ? Yes ? No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ? 401 Water Quality Certification - Regular ® Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ® No For the record only for Corps Permit: ? Yes ? No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: The Dormie Club, Hole #10 2b. County: Moore 2c. Nearest municipality / town: Pinehurst 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Dormie Club, LLC 3b. Deed Book and Page No. Book 3327, Pages 191-194 3c. Responsible Party (for LLC if applicable): Robert L. Hansen or Walter J. Mackey, Jr. 3d. Street address: 120 Midland Road 3e. City, state, zip: Pinehurst, NC 28374 3f. Telephone no.: 910-215-8050 3g. Fax no.: 910-215-8058 3h. Email address: dormieclub@earthlink.net Page 1 of 10 PCN Form -Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: M. Randall Turner 5b. Business name (if applicable): Restoration Systems, LLC 5c. Street address: 1101 Haynes Street 5d. City, state, zip: Raleigh, NC, 27604 5e. Telephone no.: 919-334-9107 5f. Fax no.: 919-755-9492 5g. Email address: randy@restorationsystems.com Page 2 of 10 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): 26-1337876 or 20070893 1 b. Site coordinates (in decimal degrees): Latitude: 35.26783 Longitude: - 79.49405 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 309.310 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Little River proposed project: 2b. Water Quality Classification of nearest receiving water: WS-III, HQW 2c. River basin: Cape Fear 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Forested, with open areas for existing golf course tees, fairways, greens, hazards and roughs 3b. List the total estimated acreage of all existing wetlands on the property: 1.84 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Unknown 3d. Explain the purpose of the proposed project: Repair 0.4 acre of former isolated wetland area associated with fairway #10 3e. Describe the overall project in detail, including the type of equipment to be used: Fill 0.40 acre of isolated wetland and install fairway sod. Equipment: Rubber tire front-end loader and dump truck. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / El Yes E] No ® Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Authorizations were previously obtained for anticipated 0.38 acre of impacts to wetlands at golf holes #1 and #8. 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 3 of 10 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ? Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T W1 ® P ? T cut and fill isolated, herbaceous ? Yes ® No ? Corps ® DWQ 0.4 W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 0.4 2h. Comments: Hole #10, Isolated wetland 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ? P ? T ? PER ? Corps ? INT ? DWQ S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 3i. Comments: N/A Page 4 of 10 PCN Form - Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: N/A 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or purpose number of pond Stream Impacts (feet) Flooded I Filled I Excavated I Flooded I Filled I Excavated Upland (acres) Flooded P1 P2 5f. Total 5g. Comments: N/A 5h. Is a dam high hazard permit required? ? Yes No If yes, permit ID no: 5i. Expected pond surface area (acres): N/A 5j. Size of pond watershed (acres): N/A 5k. Method of construction: N/A 6. Buffer Impacts (for DWQ) If project will impact a protected riparia n buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitig ation, then you MUST fill out Section D of this form. 6a. ? Neuse ? Tar-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? B1 ?P?T ?Yes ? No B2 ?P?T ?Yes ? No B3 ?P?T ?Yes ? No 6h. Total buffer impacts 6i. Comments: N/A Wetland impacts (acres) Page 5 of 10 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. All wetlands were located, identified and mapped during the screening effort so designers could avoid impacts and did so successfully except for minor, unavoidable impacts at holes #1 (0.21 ac) and #8 ((0.17 ac); impact at hole #10 was unauthorized, but needs to be approved after the fact. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Wetland areas were delimited by fencing and flagging to preclude construction incursions. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, w hich mitigation option will be used for this project. ? Mitigation bank ? Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: N/A 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: N/A S. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. N/A Page 6 of 10 PCN Form -Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: N/A Page 7 of 10 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a . Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b . If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No Comments: N/A 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? <10 % 2b . Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The development is only a golf course without residential development; very low impervious area (<10%). 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: N/A ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? N/A ? Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No attached? 4. DWQ Stormwater Program Review ? Coastal counties 4a. Which of the following state-implemented stormwater management programs apply ? HQW ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ® No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 8 of 10 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ? Yes ? No Comments: N/A 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ® Yes ? No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ® Yes ? No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): Following construction of golf course, golfers determined that a design anomaly existed on the #10 fairway. Apparently someone (unidentified) removed herbaceous plants and soil from the isolated wetland in two discreet locations (totalling 0.4 acre) and filled the area with soil in anticipation of planting fairway sod. When the violation took place the golf course was admonished to remove the fill material and wait for the NCDWQ to evaluate and approve a regulatory remedy. 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. N/A 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A Page 9 of 10 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ? No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. El Raleigh ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Jay Carter was project's natural resources consultant. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Project is not in coastal zone, nor adjacent to any large bodies of water that flow to the coast. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? coordination with state SHPO office. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? _7 0 Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? GIS database M. Randall Turner - r - - 8/10/2010 ? J Applicant/Agent's Printed Name Applican Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 PCN Form -Version 1.3 December 10, 2008 Version O (D CD O 6 S. -T 0 Ul Z O 0 0 Ct) Co -P, C—D (D n, 0 a CD N) O CD :3 n, // 1l 11 ill .!1 1l :II I/ 11 II 11 II 1• aas Cowst 9ouwou+. I .weA - .wo 9a .cac: i ? SITE 1t 8 / 1 0 17 16 7 9 ;. Rr 13 12 15 .eJ 14 Sq _, ?1?8 6 V. Air- 4 ? cJ i au c nmyn ? I '?k.. • II HIP ;r ?l Y 4 \ d? e \\. X77 NOT FOR RECORDATION, CONVEYANCE OR SALES *Welk r&rrr•AIL 3 • 1?. `? 1 ur .r?u 1 y e I I ? ` 2 nj `I 1- I I I I I 1 #\ - - - - - - - - - - - - - - - - - - GCLF BOUNDARY MAP FOR MINERAL SPRINGS TOWNSHIP MOORE COUNTY NORTH CA SCAT F 1' - 300' AGGu lV W N C o C ?O Hobbs, Upchurch & Associates, P.A. lqj Consulting Engineers, Surveyors & Long Planners Southern Pines, North Carolina 283€7 11C LINE NAPACTED WE-LAND AREA = 5525 ?F (0.13 AC, „KA" NE IMPACTED WETLAND AREA = 3418 SF (0.08 AC) IL24 K" K9 K'.6 r I K I-1 ?v K18 2- KA2 J? K23 KA r- KAII K2 ??k A3 KA10 a K24 K8 (% ln? K7 . K' l K". K12 K2' K' K6 ` K2': X25 K22 KA' ?G K KA4 K' K AY ? v ti A6 KA! KABy ?KA9 MC0609 BRENNER WESLANDS JUNE 2007 SC.A_ ,> -40 V FJ ?, Hobbs, Upchurch & Associates, RA NO Consultirg Engineers, Surveyors & land F(anrers Southern Pines, A1orlh Carolina 28J87 "BZ" LINE _ O.72 ACRE !MPAC I ED WE-LAND :AREA = 723 i SE ?tom. i 7 AC C Z' BZ?9 9z 17, r J h ur? :L-2 IMPACTED AREA BZ23 BZ13 BZ24 BZ12 '? L33 8i25 GaZ" L32 SZ26 BZ8 0Y BZ7 846 ,? ?i 8Z? Q. h? L4 L2? BZ33 n 8Z2 L23 MC0609 BRENNER WETLANDS J , UNE 2007 SCALE: 1 ' ,=60, BL ,9 ^} 7 HZ9 BZ27 BZ28 BZ C7 29 313 / p 4,- BLJ B Z 2 C BAv :*?1:Y L_... ? J r`? ? =,.1} { :r : ! 1, t? ( { ?LJ ?'{ t r t t L J J DO RV i B Hobbs, Upchurch & Associates, PA NJ Consulting Engineers, Surveyors & Land Planners Southern Pines, North Carolina 28387 CERIFUTE OF (/CENSURE C-0454 GRAPHIC SCALE 100 0 00 100 No 4M ( IN FEET 1 inch = 100 ft WETLANDS LOCATED AND DRAWN BY - HOBBS. UPCHURCH & ASSOCIATES AS OF APRIL 2007 CORP OF ENGINEER APPROVAL FEB. 3, 2009 TOE OF FILL SURVEYED BY HOBBS, UPCHURCH & ASSOC. 5-3-10 TOE OF FILL SURVEYED BY HOBBS, UPCHURCH & ASSOC. 5-3-10---, EDGE OF FAIRWAY LOCATED BY AQUA AGRONOMIC SO TIONS IN OF OREFIELD, PA f` FAIRWAY 10 M01009 APRIL 28, 2010 SCALE: 1 "=100' U \ FILLED AREA 15,027 SF 0.34 AC % FILLED AREA 2,637 SF 0.06 AC FAIRWAY #10 WETLAND FILLED AREA DORMIE CLUB '1) FOR REGISTRATION REGISTER OF DEEDS Judy D. Martin Moore County, NC November 06, 2007 02;231 PM Book 3327 Page 191-194 FEE: $23.00 NC REVENUE STAMP: $9,111.00 INSTRUMENT # 2007021297 Prepared, without title examination, by and return to Stephen F. Later, Robbins May & Rich LLP,120 Applecross Road, Pinehurst, North Carolina 28374 Brief Description for Index: 309.31 acres NORTH CAROLINA SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made on this the 7 day of November, 2007 by and between Mark E. Brenner (unmarried), an individual resident of the State of North Carolina, (hereinafter "Grantor") and Dormie Club, LLC, a limited liability company organized under the laws of the State of Florida with a postal address at 631 United States Highway 1, Suite 406, North Palm Beach, Florida 33408, (hereinafter "Grantee"). WITNESSETH Grantor, for valuable consideration paid by Grantee, the receipt and sufficiency of which is hereby acknowledged, has and by these presents does grant, bargain, sell, and convey unto Grantee in fee simple, all right, title, and interest in the real property, situated in Mineral Springs Township, Moore County, North Carolina, and more particularly described as set forth on Schedule A attached hereto and incorporated herein by this reference (hereinafter the "Pro e ") and subject to and together with utility easements, restrictive covenants, and other matters, provisions, reservations, and encumbrances of record that are enforceable against the Property, if any, and the lien for ad valorem property taxes or other assessments for the current year (to be prorated at closing), applicable zoning or other ordinances, riparian rights incident to the Property, other matters, provisions, reservations, and encumbrances shown on the plat of the Property recorded in Plat Cabinet 6 at Slide 318 of the Moore County Registry, other matters, provisions, reservations, and encumbrances shown on the plat of the Property entitled "Boundary Survey for MHK Ventures, Inc...." by Hobbs Upchurch & Associates, P.A. dated November 29, 2006, and other matters, provisions, reservations, and encumbrances that would not render title unmarketable or uninsurable or prevent use of the Property for a residential golf course community. The Property was acquired by Grantor by instruments Book 1234 at Page 364 and Book 1234 at Page 366 of the Moore County Registry. TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to Grantee in fee simple. V, And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the exceptions noted herein. The designations "Grantor" and "Grantee" as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. [the remainder of this page is intentionally left blank] IN WITNESS WHEREOF, Grantor, with due authority, has hereunto set its hand and seal, the day and year first above written. (SEAL) Mark E. Brenner STATE OF AV?Ai Z9,t (,GKCG COUNTY OF I certify that the following person personally appeared before me this day, and ER I have personal knowledge of the identity of the principal; ? I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the fonn of a ; or ? A credible witness has sworn to the identity of the principal acknowledging to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Name Capacity Marl,(- EF• 6renner Date: 17 /D 7 (official seal) ?J-4,?A'e il ?"6 %se Ar' Bi4y. Nory Public Pr notary name: 0T,g9? y yo1 GeLIG My commission expires: o ????NTY,NC Schedule A Lying and being in Mineral Springs Township, Moore County, North Carolina on the north side of NC Hwy. 73, on the east side of Beulah Hill Road and on the west side of Rubicon Road and being more particularly described as follows: BEGINNING at an existing concrete monument, the southwest corner of the lands conveyed to Alice C. Stewart by deed recorded in Deed Book 2249 Page 5, also being a corner of the property conveyed to Mark E. Brenner by deed recorded in Deed Book 2946 Page 290 and runs thence as the south line of Alice C. Stewart S 68°56'56" E 69.83' to a point in said south line; thence as the following courses and distances: S 13°52'00" W 189.13', a curve running clockwise to the southwest having a radius of 200.00', an arc length of 375.94' and a chord bearing and distance of S 69°52' 11" W 322.99', N 51°32'29" W 372.91', N 48°03'49" W 479.82', N 42°21'30" W 148.24', S 28°04'32" W 300.37', S 63°39'48" W 412.44, S 68°45'29" W 455.02', S 55°02' 19" E 472.45', S 50°13'55" E 524.17', a curve running clockwise to the south having a radius of 361.64', an arc length of 300.30', and a chord bearing and distance of S 20°11'26" E 291.75', S 13°46' 15" W 448.24', S 61°49'42" W 470.64', S 67°17'09" W 654.12', N 33°11'05" W 331.29', N 00°22'39" E 414.48', N 13°30'31" W 243.18', N 08°15'09" W 243.97', N 13°39'21" W 496.53', N 10°16'08" W 266.02' to a point in the eastern line of the lands conveyed to MHK Ventures, Inc. by deed recorded in Deed Book 3201 Page 392; thence as said eastern line N 13'30'16" E 380.73' to a masonry nail in a terra cotta pipe; thence S 88°39'59" W 154.08' to a point in the north line of said MHK Ventures tract; thence continuing as the following courses and distances: N 09°55'34" W 262.34', N 05°39'25" E 111.67', N 23°05'45" E 276.83', N 29110' 57" E 135.42', N 07°26'59" E 350.96', N 08°17'45" E 248.27', N 22°17'05" E 542.95', N 21°08'03" E 118.39', a curve running counterclockwise to the north having a radius of 695.00', an arc length of 511.55' and a chord bearing and distance of N 10°05'33" E 500.08' to a point near the run of Little River; thence N 84°21'39" E 404.97' to a point; thence N 89°49'53" E 212.84' to a point; thence crossing Little River and a lake N 17°56'20" E 503.68' to a point on the north side of the lake; thence along the north side of the lake, the following course and distances: S 62°15'38" E 338.55', N 71'49'18" E 124.75', S 64°05'57" E 167.96', S 83035'52" E 265.71', N 49°46'07" E 196.91', N 65°54'54" E 352.65', N 22-55'14" E 199.82', N 06°14'49" E 272.51', N 50°53'08" E 160.08', N 00°00'00" E 84.65', N 34°01'44" W 141.30', N 38032'22" E 88.39', S 68°58'40" E 117.99', S 54°59'24" E 167.23', N 79-22'10" E 112.94', S 62°29'56" E 189.44', S 25°42'22" E 371.12' to a point near the northeast end of the lake; thence crossing Little River S 64°48'28" E 613.20' to a point; thence continuing as the following courses and distances: a curve running clockwise to the southeast having a radius of 149.12', an arc length of 75.63' and a chord bearing and distance of S 44°32'28" E 74.82', S 29°14' 13" E 499.44', S 23040'05" E 370.45', S 08°32'40" E 608.18', S 47°59'54" W 222.57', S 26°45'04" W 401.77', a curve running clockwise to the southwest having a radius of 255.95', an are length of 362.96', and a chord bearing and distance of S 67°03'14' W 333.31', N 76°13'57" W 482.18', N 70°29'31" W 421.61', N 79°32'32" W 344.59', S 04°33'40" E 212.27', S 18°10'30" E 534.23', S 10-57'13" W 269.16' to a point in the western line of the lands conveyed to Alice C. Stewart by deed recorded in Deed Book 2249 Page 5; thence as said western line S 20°10'53" W 240.29' to an existing iron rod; thence continuing as said western line S 20°10'35" W 317.90' to the BEGINNING, containing 309.31 acres and being a portion of the lands conveyed to Mark E. Brenner by deed recorded in Deed Book 2946 Page 290, Moore County Registry. Bearings herein are to NC Grid North Meridian NAD83 and distances horizontal ground. DORMIE CLUB C/O MACKEY DEVELOPMENT, INC. 631 U.S. HIGHWAY ONE, SUITE 406 NORTH PALM BEACH, FLORIDA 33408 Ph (561) 848-1573 July 28, 2010 Ian McMillan, Director Section 401/Wetlands NC Department of Environmental and Natural Resources Division of Water Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Re: Dormie Club Dear Mr. McMillan: Fax (561) 848-8799 Please be aware that M. Randall Turner will be acting as the authorized agent for Dormie Club, LLC in all matters related to the resolution of environmental regulatory issues germane to The Dormie Club, a golf club located off Beulah Hill Church Road and NC73 in Moore County. Mr. Turner is authorized to sign applications on my behalf pursuant to the State of North Carolina authorizations. Thank you. Best regards, i alter c ey, Managing Member Dormie Club, LLC. WJM/kp