20110896 Ver 3_401 Application_20151115

LMG
LAND MANAGEMENT GROUP wa
Environmental Consultants
November 3, 2015
TO: Mr. John Policarpo
US Army Corps of Engineers
Regulatory Division
69 Darlington Avenue
Wilmington, N.C. 28403 -1343
aoli v�
Re: Nationwide 3 Permit Application, Orton Plantation Holdings, LLC
Orton Pond Outlet Structure Replacement
Action ID# SAW- 2011 -00624
Dear John:
On behalf of Orton Plantation Holdings, LLC, I have enclosed a NWP 3 application to replace an
existing pond outlet structure at Orton Plantation (Brunswick County). The existing pond outlet
structure at Orton Pond directs water through a 24" diameter pipe located under Plantation
Road, which is then channeled to the rice fields at Orton Plantation. The existing pipe failed and
an 18" PVC pipe was inserted within the pipe as a temporary fix. But the pipe needs to be
replaced with a larger diameter pipe in order to efficiently manage irrigation flow to the system
of rice fields. The applicant proposes replacing the existing outlet structure and pipe with a new
outlet structure, 36" diameter pipe, and rip rap (to avoid scouring at the outfall). The proposed
project will permanently impact 0.009 acre of wetlands and temporarily impact 0.01 acre of
open water. Because the project area is located mostly within a DOT right -of -way, the area has
not been officially delineated. An approximate wetland line has been located on the site plan.
Because permanent impacts are minimal, no compensatory mitigation is proposed.
Enclosed is the PCN form, site maps, and photos of the project area. We have also enclosed a
preliminary JD request package for the project area. Please contact me with any questions that
you may have. Thank you for your assistance.
Sincerely,
Kim Williams
Environmental Scientist
Cc: Chad Coburn, NCDWR
Jennifer Burdette, NCDWR
Orton Plantation Holdings, LLC
NOV p
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www.imgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
V a 2015
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Page 1 ofArERPRR�f1nlN
PCN Form — Versioq
1.3 December 10, 2008 Version
Pre - Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number:
1c.
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
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
® Yes
❑ No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
Orton Plantation; Orton Pond Outlet Structure Replacement
2b.
County:
Brunswick County
2c.
Nearest municipality / town:
Leland
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:
NC DOT Right -of -Way & Orton Plantation Holdings, LLC
3b.
Deed Book and Page No.
3104 0559
3c.
Responsible Party (for LLC if
applicable):
c/o Mr. Peter Talty
3d. Street address:
17'h Floor; 1251 Avenue of the Americas
3e. City, state, zip:
New York, NY 10020
3f.
Telephone no.:
3g. Fax no.:
3h.
Email address:
V a 2015
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Page 1 ofArERPRR�f1nlN
PCN Form — Versioq
1.3 December 10, 2008 Version

page -2 of 11
4.- Applkiinf Information (if different from owrier): '
Orton Plantation Holdings;.LLC is the' applicant. They, have an encroachment agreement with NC DOT for the
". project (enclosed).
4a.
Applicant is:_,,-'
s:,.
;,❑ Agent .•❑ Oihbr,-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) : L
5a.
Name:
Kim Williams '
5b.
Business name
(if applicable):
-;Land Management Gioup,Anc .:;
.
'5c.
Street address: -
3805- Wrightsville;Avehue;,Suite 15
5d.
City, state, zip:. ,- -:__: -
Wilmington, NC 28403 ..
5e.
Telephone no.::-'-,.
(910),452- 0001',..
5f.
Fax no.: -
(910)' 452 -0060 - -
5g.
,Email address:' '_, -; .
`kwilliams @lmgroup.net:' .:
page -2 of 11

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
Majority of project area is located within NC DOT Right -
of -Way; small portion located within 1440000111
Latitude: 34.055774 ON Longitude: - 77.959182 °W
1b. Site coordinates (in decimal degrees):
(DD.DDDDDD) (- DD.DDDDDD)
1 c. Property size:
100' width x — 25' length
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Orton Pond
proposed project:
2b. Water Quality Classification of nearest receiving water:
C Sw
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:
Orton Plantation has historically been used for rice production. The project area is located mostly within a maintained
DOT right -of -way and includes the area where Orton Pond outlets into the existing rice fields. There is an existing pond
outlet structure and 24" pipe that crosses under Plantation Road.
3b. List the total estimated acreage of all existing wetlands on the property:
The project area footprint includes approximately 500 sf of open water at the existing pond outlet structure and
approximately 375 sf of wetlands where the existing pipe discharges.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A
3d. Explain the purpose of the proposed project:
The purpose of the project is to replace an existing 24" pipe and outlet structure with a new 36" pipe and outlet structure
at Orton Pond. The existing pipe failed and an 18" PVC pipe was inserted within the pipe as a temporary fix. But the pipe
needs to be replaced with a larger diameter pipe in order to efficiently manage irrigation flow to the system of rice fields.
3e. Describe the overall project in detail, including the type of equipment to be used:
The applicant proposes to temporarily install silt fence and a water - filled coffer dam, then remove the existing pavement,
pipe, and outlet structure. Once this is done, the new 36" pipe, outlet structure, and rip rap energy dissipater (25' x 15' x
12 ") will be installed. Then the paved road will be repaired and sloped to original conditions. The disturbed area will be
seeded with a grass mixture and the coffer dam will be removed. The silt fence will be removed once the grass has
established.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
El Yes ® No El 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.
Because the project area is located mostly within a DOT right -of -way, the area has not been officially delineated. An
approximate wetland line has been located on the site plan and pictures of the project area are enclosed. A preliminary JD
request package for this area is also enclosed.
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version

ti5:�, _Project History'.- -
56 : -Have permits or- certifications'beeri'requested or obtained -for
® Yes. -0•No -. ❑ Unkrioinin`-
",this project (including all prior phases) in the -past?
- - _
5b.. If yes, explain in detail according to "help file" instructions.
:Orton Plantation Holdings,;L'LC�has obtained a CAMA Major; - Individual Permit, and_401`WQ to irnpact wetlands in order
to restore rice fields and;stabilize.the'dike (SAW- 2011 - 00624). They also receiv6&a' -NWP 3 to,repair the dike within -the� � .
site. ,. , ..
6. Future Project Plans . {
66. Is this a phased project? `; •
❑Yes ®y No ,
6b.,If yes, explain. '
}
s
Page .4" f,11
- r
1 '

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
W1 ®P ❑ T
Pipe replacement/
Riparian
® Yes
® Corps
® DWQ,
0.009
rip rap
❑ No
W2 [:]PDT
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes -
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
0 No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.009
2h. Comments:
3. Stream Impacts NIA
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
Li
3h. Total stream and tributary impacts
p3iComments:
Page 5 of 11

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 Orton Pond Temporary water - filled coffer dam Open water 0.01
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4f. Total open water impacts 0.01
4g. Comments:
5. Pond or Lake Construction: NIA
If pond or lake construction proposed, the complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ): NIA
If project will impact a protected riparian buffer, then
complete the chart below.
If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then
you MUST fill out Section D
of this form.
6a.
❑ Neuse
El 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
impact
required?
61 ❑P ❑T
❑Yes
❑ No
62 ❑P ❑T
❑Yes
❑ No
133 ❑P ❑T
❑Yes
❑ No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a.
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Open water impacts are temporary and the proposed outlet structure will be placed within the footprint of the existing
structure. The footprint of the proposed rip rap has been minimized as much as possible while still being able to reduce
scouring as water leaves the pipe.
1b.
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fencing will be installed to prevent erosion into adjacent wetland areas.
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, which 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: N/A
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4.
Complete if Making a Payment to In -lieu Fee Program: NIA
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
N/A
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
N/A square feet
4e.
Riparian wetland mitigation requested:
N/A acres
4f.
Non - riparian wetland mitigation requested:
N/A acres
4g.
Coastal (tidal) wetland mitigation requested:
N/A acres
'4h.
Comments:
5.
Complete if Using a Permittee Responsible Mitigation Plan: N/A
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form —Version 1.3 December 10, 2008 Version

Stormwater Management and Diffuse Flow Plan (required by DWQ), continued
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
❑ Yes ® No
buffer mitigation?
within one of the NC Riparian Buffer Protection Rules?
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. NIA
❑ Yes ❑ No
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(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).
NIA
6h. Comments: NIA
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. 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:
Page 8 of 11

Stormwater Management and Diffuse Flow Plan (required by DWQ), continued
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
The only new impervious will be
from rip rap (0.009 ac)
2b. Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
Proposed impervious cover does not meet thresholds.
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: N/A
3a. In which local government's jurisdiction is this project?
❑ Phase II
❑ NSW
3b. Which of the following locally - implemented stormwater management programs
❑ 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: N/A
❑ Coastal counties
❑ HQW
4a. Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006 -246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5. DWQ 401 Unit Stormwater Review: N/A
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 9of11

F. Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
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)?
1 c.
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
❑ Yes
❑ No
letter.)
Comments:
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):
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.
Project will not provide access or utilities to adjacent tracts.
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.
No wastewater will be generated by the proposed repair.
Page 10 of 11
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?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC Natural Heritage Program website was used to determine the presence of federally - listed species. A portion of this
site is located within the Orton Pond Aquatic Habitat Significant Natural Heritage Area. Several rare species are known to
occur within Orton Pond, including the magnificent rams -horn (Planorbella magnifica), American alligator (Alligator
mississippiensis) and anhinga ( Anhinga anhinga). The site also supports two special habitats: an Osprey Nesting Area and a
Wading Bird Rookery. The proposed project is a maintenance activity and no impacts to rare species are ex ected.
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?
The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish
Habitat. According to their records, site is not'classified as EFH.
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?
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of
cultural or historic resources. A portion of Orton Plantation is currently listed in the National Register of Historic Places.
The project area is not included in this designation.
B. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
® Yes ❑ No
8b. If yes, explain how project meets FEMA requirements: The outlet structure and pipe will be repaired to previously existing
elevations.
8c. What source(s) did you use to make the floodplain determination? The NC Floodplain Mapping Information System
website was used to determine the boundaries of the 100 -year floodplain.
Kim Williams
11/03/2015
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.
Page 11 of 11

AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I /we, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for the Orton Pond Outlet Structure Replacement project. All questions in regards to this project
should be directed to Land Management Group, Inc.
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Print Name
Date

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Phone: [phone] •1.866.LMG.1078
Fax [phone]
02- 10 -110C 3805 Wrightsville Avenue
Wilmington, NC 28403

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Orton Plantation Holdings, LLC Figure 3
Brunswick County, NC www.LMGroup.net Soils Ma
October 2015 Phone: [phone] •1.866.LMG.1078 p
Fax [phone]
02- 10 -110C 3805 Wrightsville Avenue
Wilmington, NC 28403

Orton Pond Outlet Structure LMG
Orton Plantation Holdings, LLC Figure 5
Brunswick County, NC 211W '— tiww.LMGroup.net Aerial Photograph
October 2015 Phone: [phone] •1.866.LMG.1078
Fax [phone]
02- 10 -110C 3805 Wrightsville Avenue
Wilmington, NC 28403

L: \CAMA \2010 CAMA FILES \02- 10 -110C - -- Orton- Belvedere CAMA Peter Talty \ORTON POND OUTLE STRUCTURE
*Boundaries are approximate and are
^ot meant to be absolute.
Map Source: 2012 NAPP Aerial Photography
SCALE 1" = 200'
Orton Pond Outlet Structure LINIG
Orton Plantation Holdings, LLC Figure
Brunswick County, NC — ra owwv.LMGroup.net Aerial Photograph
October 2015 Phone: [phone] •1.866.LMG.1078 g p
Fax 910,452.0 060
02- 10 -110C 3805 Wrightsville Avenue
Wilmington, NC 28403

o
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OAS 07/25/15
AUTE ! L091 AS PER OAIGIFACTURFA
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APPLIED AS A RATE OF IWO GAL. PER AM FOR SLOPE STABLUAMK
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\A9
o CR�
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18.0'
AN11-SEEPAGE ---PAVED
COLLAR ROAD
8.7t 10.10*
7.15t 9.36*
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TT
STRU R WATER PROOF JOINTS
SEE DETAIL. PER NCDOT srANDARDS R `' EX. THY. O.BOt
CONSnHJCnM SEQUENCE
I. INSTALL SILT FENCE & THE WATER FlLLFD COFFER DAN.
2. REMOVE EXISTING PAVEMEM, 24- PIPE AND WnZr STRUCTURE
3. INSTALL NEW 36- HDPE ASSHM M292 PIPE AND OUTLET SMRUCRIRE.
4. REP R P D SLOPES TO PREVIOUS CONDtiION.
5. GRASS DISTURBED AREA
S. REMOVE SILT FENCE WHEN GRASS IS ESTABLISHED,
SECTION A -A
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o�
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*= CHIPS AT no LOS. PER low sP
OAS 07/25/15
AUTE ! L091 AS PER OAIGIFACTURFA
Q ASPAW FOR ANOIgO1G YUILN S1iV1 E TYPE SS -I EIiULSDII AND
APPLIED AS A RATE OF IWO GAL. PER AM FOR SLOPE STABLUAMK
AND ISO GAL. PER TOM OF SMAr FOR ANCHORING STRW.
0. INSPECT ALL SEEDED AREAS am UNQ NFILSSARf REPAIR; ON RE4FD
WTHIN ENE PLWMG SLOOC W POSSBLL E GRIM STAID SWORD E
OVER 0056 DAMAGED, REIMMUSH iO1D100C MORAL AWE RUMMIN
AID SEWING RATES. '
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207 CARPET CRASS
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Looking south at pond outlet structure in Orton Pond.
Looking south along Plantation Road SE.
Orton Pond Outlet Structure
Orton Plantation Holdings, LLC
Brunswick County, INC
02- 10 -110C
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
June 2014
Site Photos

End of existing 24" culvert that terminates in wetlands.
Looking east at culvert outfall (wetlands).
Orton Pond Outlet Structure
Orton Plantation Holdings, LLC
Brunswick County, NC
11PAIIN 1191
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
June 2014
Site Photos

A7
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
PAT MCCRORY DIVISION OF HIGHWAYS NICHOLAS L TcNNYSON
["iovmwIt SEX.I rrAR Y
October 2, 2015
Belvedere Property Management
Attention: Peter J. Talty
9149 Orton Road
Winnabow, NC 28479
Subject: Encroachment Agreement on State Road 1529 (Plantation Road), in Brunswick
County (Ref. #. E- 010 -15 -025)
Dear Mr. Talty,
Attached for your file is a copy of the Right of Way Encroachment Agreement properly
executed. The agreement covers the following:
Removal of approximately 70 LF of existing 18" drainage pipe, valve handles and dilapidated
walkway and replace with; 70 LF of 36" Diameter (HDPE AASHTO M292) pipe to include the
installation of; gate valve, handles, wooden walkway and associated appurtenances.
A Pre- Construction conference is required prior to performing any work under this agreement.
The encroacher, engineer of record, contractor and all sub - contractors shall be in attendance.
Please contact Lisa Little at: (910- 251 -2655) to schedule the conference.
• You must notify NCDOT (2) weeks prior to the road closure /pipe replacement.
• . Provide access to Old Brunswick Town for North Carolina Department of Cultural
Resources staff (Jim McKee) during the pipe replace ment/road closure.
• Coordinate and provide access to Old Brunswick Town for local emergency vehicles 24
hours /day during the road closure.
• You will be required to utilize VMS (Variable Message Signs) and -all associated detour
signage which meets the Departments requirements (day and night time driving
activities) for notifying the public of delays on Plantation Road.
• A road closure will not be allowed from October 19th through October 24"' to
accommodate Old Brunswick Town's planned school activities.
• Provide courtesy notification to Sunny Point Terminal once you establish the road
closure dates.
NCDOT District 3, 300 Division Drive Wilmington. NC 28401 (0) 910 -251 -2655 (Pax) 910 -251 -2759

• Performance and Indemnity Bond in the amount of ($11,550.00) for work within
NCDOT Rights of Way ONLY shall be executed and posted prior to beginning work.
Submit to: NC Department of Transportation Division of Highways, District Supervisor,
at 300 Division Drive, Wilmington, N.C. 28401.
• An NC Professional Engineer shall certify that all work and materials installed within the .
NCDOT right -of -way, meet NCDOT standards and specifications. This document shall
be submitted to the NCDOT District Office upon completion of the project.
• Submit a copy of all environmental documents to this office prior to starting project.
After the project is complete, a final inspection is required. Please contact Lisa Little at the
District Office at 910 - 251 -2655 to schedule the final inspection.
This approval is subject to this work being done in accordance with the attached plan sheet
and Special Provisions and Conditions, any alteration or deviation concerning the construction
of the pipe replacement shall not be allowed unless a written request has been submitted and
approved by the NCDOT District Supervisor.
Sincerely,
G�� Karen E. Collette, P.E.
Division Engineer
KECIKLS /jdd
Attachments:
cc: Iris McCombs, Brunswick Maintenance Engineer
Jerry Taylor, New Hanover Maintenance Engineer
Jim McKee, "ii m.mckee(ccDncdcr.gov
File
NCDQT District 3, 300 Division Drive Wilmington, NC 28401 (0) 910 -251 -2655 (Fax) 910 -251 -2759

ROUTE SR 1529
UNUINALSTATE OF NORTH CAROLINA
PROJECT Orton Plantation COUNTY OF Brunswick
DEPARTMENT OF TRANSPORTATION RIGHT OF YVAY ENCROACHMENT AGREEMENT
FOR NON -OVER N IMCROACHMENTS ON
-AND- PRIMARY AND SECONDARY HIGHWAYS
Belvedere Property Management
9149 Orton Rd. SE, Winnabow, NC 28479
910 - 777 -3720 ��CEt�tFf;
THIS AGREEMENT, made and entered into this the2— ~D day of .20 /5 by and between the Department
of Transportation, party of the first part; and Belvedere Properly Management
party of the second part,
WITNESSETH
THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as
Route(s) SR 1529 (Plantation Road) located 1.5 miles south of the intersection of SR 1529
WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and
the party of the first part in the exercise of authority conferred upon it by statute, is willing to permit the
encroachment within the limits of the right of way as indicated, subject to the conditions of this agreement;
NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second
part the right and privilege to make this encroachment as shown on attached plan sheet(s), specifications and
special provisions which are made a part hereof upon the following conditions, to wit:
That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe
and proper condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper
maintenance thereof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways
and structures necessary due to the installation and existence of the facilities of the party of the second part, and if at any time
the party of the first part shall require the removal of or changes in the location of the said facilities, that the said party of the
second part binds himself, his successors and assigns, to promptly remove or alter the said facilities, in order to conform to the
said requirement, without any cost to the party of the first part.
That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal
lights, flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic
Control Devices for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules and
regulations may be obtained from the Division Engineer of the party of the first part.
That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages
and claims for damage that may arise by reason of the installation and maintenance of this encroachment
It is clearly understood by the party of the second part that the party of the first part will assume no responsibility for any
damage that may be caused to such facilities, within the highway rights of way limits, in carrying out its construction and
maintenance operations.
That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction
of the Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable
precaution during construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs,
other water impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable
rules and regulations of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control
Commission, and with ordinances and regulations of various counties, municipalities and other official agencies relating to
pollution prevention and control. When any installation or maintenance operation disturbs the ground surface and existing
ground cover, the party of the second part agrees to remove and replace the sod or otherwise reestablish the grass cover to
meet the satisfaction of the Division Engineer of the party of the first part.
That the party of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary
by the Division Engineer of the party of the first part.
That the party of the second part agrees to have available at the encroaching site, at all times during construction, a copy of
this agreement showing evidence of approval by the party of the first part. The party of the first part reserves the right to stop all
work unless evidence of approval can be shown
Provided the work contained in this agreement is being performed on a completed highway open to traffic, the party of the
second part agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has
been completed Unless specifically requested by the party of the first part, written notice of completion of work on highway
projects under construction will not be required.
That in the case of noncompliance with the terms of this agreement by the party of the second part, the party of the first part
reserves the right to stop all work until the facility has been brought into compliance or removed from the right of way at no cost
to the party of the first part.
That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein
is not begun within one (1) year from the date of authorization by the party of the first part unless written waiver is secured by the
party of the second part from the party of the first part
FORM RNV 16.1A (January, 1981)

R/W (161 A) : Party of the Second Part certifies that this agreement is true and accurate copy of the form
R/W (161A) incorporating all revisions to date.
IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed the day and
year first above written.
ATT T O WITNESS:
DEPARTMENT _ RAN P T m
BY: N Gft5q,
��a /c,6,�� P6
1JT51t- idlarrIer�f-�i -em` a
Q/A, �- �m%—
Peter Talty Belvedere Property Management
9149 Orion Rd., Winnabow, NC 28479
-7 $ ;t` 7 k 910- 777 -3720
Second Party
INSTRUCTIONS
When the applicant is a corporation or a municipality, this agreement must have the corporate seal and
be attested by the corporation secretary or by the empowered city official, unless a waiver of corporate
seal and attestation by the secretary or by the empowered City official is on file in the Raleigh office of
the Manager of Right of Way. In the space provided in this agreement for execution, the name of the
corporation or municipality shall be typed above the name, and title of all persons signing the agreement
should be typed directly below their signature.
When the applicant is not a corporation, then his signature must be witnessed by one person. The
address should be included in this agreement and the names of all persons signing the agreement
should be typed directly below their signature.
This agreement must be accompanied, in the form of an attachment, by plans or drawings showing the
following applicable information:
1. All roadways and ramps.
2. Right of way lines and where applicable, the control of access lines.
3. Location of the proposed encroachment.
4. Length and type of encroachment.
5. Location by highway survey station number. If station number cannot be obtained, location
should be shown by distance from some identifiable point, such as a bridge, road,
intersection, etc. (To assist in preparation of the encroachment plan, the Department's
roadway plans may be seen at the various Highway Division Offices, or at the Raleigh
office.)
6. Drainage structures or bridges if affected by encroachment.
7. Typical section indicating the pavement design and width, and the slopes, widths and
details for either a curb and gutter or a shoulder and ditch section, whichever is applicable.
8. Horizontal alignment indicating general curve data, where applicable.
9. Vertical alignment indicated by percent grade, P.I. station and vertical curve length, where
applicable.
10. Amount of material to be removed and /or placed on NCDOT right of way, if applicable.
11. Cross - sections of all grading operations, indicating slope ratio and reference by station
where applicable.
12 All pertinent drainage structures proposed. Include all hydraulic data, pipe sizes, structure
details and other related information.
13. Erosion and sediment control.
14. Any special provisions or specifications as to the performance of the work or the method of
construction that may be required by the Department must be shown on a separate sheet
attached to encroachment agreement provided that such information cannot be shown on
plans or drawings.
15. The Department's Division Engineer should be given notice by the applicant prior to actual
starting of installation included in this'agreement.
16. Method of handling traffic during construction where applicable.
17. Scale of plans, north arrow, etc.