20061820 Ver 1_Individual_20061206

NDEPENDENT ENVIRONMENTAL
ENGINEERS, SCIENTISTS
AND CONSULTANTS
October 20, 2006
Brad Shaver
U. S. Army Corps of Engineers
Regulatory Branch
P.O. Box 1890
Wilmington, North Carolina 28402-1890
p(~ - 1$ 2D
Re: City of Jacksonville
Proposed Land Treatment System Upgrade and Expansion
CAMA /Corps Joint Permit Application
Dear Mr. Shaver:
Malcolm Pirnie, Inc.
701 Town Center Drive
Suite 600
Newport News, VA 23606-4296
T:757-873-8700
r: 757.873-8723
www.pirnie.com
i;
RECEIVED
On behalf of our client, the City of Jacksonville, NC, we are submitting this CAMA /Corps Joint
Permit Application package for an Individual Permit for 25.56 acres of permanent impact to
forested wetlands and 5.54 acres of permanent conversion.
• The City of Jacksonville's Public Utilities Department operates the existing wastewater system,
which is responsible for the treatment and land application of the City's wastewater. On
September 7, 2005, the North Carolina Environmental Management Commission (NCEMC)
issued an SOC requiring that the City prepare "plans, specifications, and construction of
additional treatment, storage, and disposal facilities, pumping station rehabilitations or
improvements, and sewer line replacements or rehabilitations" in order to comply with permitted
freeboard requirements during above average winter period inclement weather events. As a result,
the City is moving forward with the upgrade and expansion of the Land Treatment System (LTS)
from an average day flow of 6.0 to 9.0 MGD.
The expansion of the LTS facility will involve the following project components:
• developing a new effluent lagoon
• pumping and piping improvements
• construction of a new flow equalization tank
• 319-acre expansion of the existing spray irrigation system within the LTS property
• upgrades to the existing spray irrigation areas
• expansion of the spray irrigation system on approximately 220 acres of property adjacent
to the existing LTS
This application consists of a basic information section (DCM-MP-1), which describes the
location and planned use of the proposed project and the existing land and water characteristics
of the project area. Also included are sections DCM-MP-2 (Excavation and Fill), DCM-MP-3

Brad Shaver
VDEPENDENT ENVIRONMENTAL
ENGINEERS, SCIENTISTS
AND CONSULTANTS
U. S. Army Corps of Engineers
October 20, 2006
Page 2 of 3
(Upland Development) and additional information requested within the above referenced permit
sections.
The application has been organized in the following manner to help facilitate your review:
• Appendix A - CAMA / Corps Joint Permit Application (DCM-MP-1, DCM-MP-2 and
DCM-MP-3)
• Appendix B - A coastal consistency letter stating that the proposed project is consistent
with North Carolina's Coastal Management Program
• Appendix C -The deeds, condemnation notices, etc., of the proposed project area
• Appendix D - A list of the names and complete addresses of adjacent land owners
• Appendix E - A list of previous state or federal permits issued for work in the project area
• Appendix F -City of Jacksonville Wastewater LTS, Upgrade and Expansion Resource
Disk Appendix
• G -Mitigation proposal
• An accurate dated work plat (CAMA /Corps Joint Permit Application Drawing Set)
The proposed project is in compliance with the N.C. Environmental Policy Act (SEPA). An
Environmental Assessment (EA) has been prepared and is contained as Section 8 in the City of
Jacksonville N.C., Wastewater Land Treatment System (LTS) Final Engineering and
Environmental Assessment Report (September 2006). The final report has previously been
submitted to the State Revolving Fund for distribution to all appropriate agencies, and is provided
along with the permit drawings on the City of Jacksonville Wastewater LTS, Upgrade and
Expansion Resource Disk (Appendix F).
The avoidance and minimization of impacts to wetlands continues to be on ongoing process.
Since the submission of the EA, new alterations to header piping alignments have reduced the
permanent wetland impacts by 0.44 acres and the permanent conversion impacts by 0.46 acres.
Where conflicts occur between the EA and the permit application in regards to piping alignments
and impacts, the permit application supersedes the previously submitted EA.
Please contact me or Mark McElroy at [phone] should you have questions or require
additional information regarding the proposed LTS Expansion Project. Thank you for your
assistance.
Very truly yours,
MALCOLM PIRNIE, INC.
/i
G
• Robert T. Belcher, PWS, CE
Project Environmental Scientist /Wetlands Ecologist

Brad Shaver
'NDEPENDENT ENVIRONMENTAL
ENGINEERS, SCIENTISTS
AND CONSULTANTS
U. S. Army Corps of Engineers
October 20, 2006
Page 3 of 3
trc
0707-101
C: Noelle Lutheran, N.C. Department of Environment and Natural Resources
Ray L. Holder, City of Jacksonville, N.C.
Michael G. Mack, City of Jacksonville, N.C.
John T. Carter, Jr., City of Jacksonville, N.C.
Mark R. McElroy, Malcolm Pirnie, Inc.
James P. Noonan, Malcolm Pirnie, Inc.
Paul Powers, Malcolm Pirnie, Inc.
Steve W. Miller, Malcolm Pirnie, Inc.
•

DCM-MP-1 APPLICATION
~~o - Igo
1. APPLICANT
a. Landowner:
City of Jacksonville, North Carolina
Post Office Box 128
Jacksonville, North Carolina 28541
Day Phone: [phone]
Fax: [phone]
b. Authorized Agent:
Steven W. Miller
Malcolm Pirnie, Inc.
701 Town Center Drive, Suite 600
Newport News, Virginia 23606
Day Phone: [phone]
Fax: [phone]
c. Project Name:
City of Jacksonville, North Carolina
Land Treatment System (LTS) Upgrade and Expansion
2. LOCATION OF PROPOSED PROJECT
a. County:
Onslow County
b. City, town, community or landmark
A portion of the proposed project area is within the limits of the City of Jacksonville,
North Carolina. The remainder of the project area is outside the City limits and
within Onslow County, North Carolina. See 2.d below for additional information.
c. Street address or secondary road number
Each parcel involved with the project is listed in Table 1 below and is shown in Fiqure
8-4 of the Final Engineering and Environmental Assessment Report. The table
includes parcel identification numbers, acreages and physical addresses.

•
•
Table 1. Project area parcel information with street addresses.
Parcel Parcel Map
Number ID NC PIN Number Acreage Physical Address
2 36-9 431800609960 36 9,U 694.7 Murrell Brown Rd.
Off SR 1204
(Intersection of
Murrell Brown and
Davis Roads)
3 24-67 431800941941 24 67 164.0 Five Mile Rd. Off SR
1206
(0.25 miles east of
Five Mile Road)
11 315-60 433704642706 315 60,U 180.0 Off Raynor Ave. SR
1134
(1,000 feet south of
Fire Tower Road
and 0.33 miles west
of Jim Blake Road)
12 314-58 433702767634 314 58,U 117.2 Fire Tower Rd. Off
SR 1211
(0.33 miles
northwest of
intersection of Fire
Tower and Jim
Blake Roads)
23 24-66 431800536730 24 66,U 124.7 Five Mile Rd. Off SR
1206
(0.48 miles
northeast of
intersection of Five
Mile and Meadow
Farms Roads)
62 35-35.1 432800783945 35 35,1 110.0 Murrell Brown Rd.
Off SR 1204
(North of
intersection of
Murrell Brown Road
and Red Lane)
Flow 426-58 437606498720 426 58,E 16.5 U.S. Hwy. 17N
Equalization (East of Woodland
Tank Site Lane and north of
Park Place)
LTS Site 308-19 432800524125 308 19,E 6,249.2 716 Fire Tower
Road
•

d. Is proposed work within city limits or planning jurisdiction?
Construction of a flow equalization tank will occur within Jacksonville city limits.
The remainder of the proposed work described in Item 3.a of this application and
Section 8.3 of the Final Engineering and Environmental Assessment Report is
located within Onslow County.
e. Name of body of water nearest project (e.g. river, creek, sound, bay)
Due to the expansive nature of the project, a number of water bodies cross, or are
adjacent to, the project area (Figures 8-13 and 8-14, Final Engineering and
Environmental Assessment Report). The following is a listing of the water body and
the respective portion of the project area.
• Two unnamed tributaries to Southwest Creek -Parcels 2, 3, and 23
• Southwest Creek -Parcel 62
• Southwest Creek and Stewart Branch -Parcels 11 and 12
• Chaney Creek and Sandy Run Branch -Flow Equalization Tank Site
• Deep Run -LTS Site
3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT
a. List all development activities you propose (e.g. building a home, motel,
marina, bulkhead, pier, and excavation and/or filling activities).
Effluent Storage Lagoon
Expansion of the Land Treatment System facility to increase treatment capacity
from an average daily flow of 6.0 MGD to 9.0 MGD will involve developing a new
effluent storage lagoon with a nominal capacity of 180 to 365 MGD located on City
owned properties (Parcels 11 and 12) adjacent to the existing effluent storage
lagoon. The proposed lagoon will be impounded by a dam structure located
southeast of the existing LTS facility (Figure 4-17, Final Engineering and
Environmental Assessment Report).
The dam will be constructed from the existing grade to a maximum height of 23
feet. Most of the dam however, will be approximately 16 feet high. The estimated
impoundment volume will be approximately 369 million gallons (MG) (1,132 acre-
feet). The perimeter length of dam is anticipated to be approximately 9,000 feet
(Section 4.3.2.6, Final Engineering and Environmental Assessment Report).
The proposed dam will be a modified homogenous embankment section that is
constructed primarily from borrow material obtained from the near surface upper
sand stratum located within the proposed lagoon footprint. This material will be
selectively excavated and then compacted in thin lifts to construct the
embankment. Material of this type is commonly used in the construction of earth
• embankments, and exhibits beneficial excavation, placement, and compaction
characteristics. In addition to the main embankment section, there may be a need

• to construct stabilizing embankment berms to achieve the required stability for the
proposed slopes. Upon completion, the slopes of the dam are anticipated to be
covered with a turf layer, established through topsoil, seeding, and temporary turf
reinforcing mats. The purpose of the turf cover is to protect the primary material
from erosion, and to provide for easier inspections of the embankment.
The dam will be designed in accordance with the guidelines established by the North
Carolina Department of Environmental and Natural Resources, Division of Land
Resources, Dam Safety Section.
Pretreatment Facility Expansion
The proposed upgrade and expansion involves the construction of a third treatment
train which will parallel the existing Train Nos.1 and 2, as shown on Figure 4-16 in
the Final Engineering and Environmental Assessment Report. The new train will be
designed and sized similarly to the existing treatment trains and will include four
separated treatment cells. Cell A will contain completely mixed wastewater and will
have a top of berm dimension of 290 ft x 290 ft. The final volume of Cell A will be
4.5 MG. Cells B through D will be separated by floating baffle curtains and together
they will have a top of berm dimension of 290 ft x 520 ft. The combined volumes of
Cells B-D will be 3.0 MG.
Irrigation Spray Field Expansion
To increase the treatment capacity of the LTS, the spray irrigation system will be
expanded to include suitable soil areas within the exiting LTS and Parcels 2, 3, 23,
and 62. The suitable soils were identified through a series of field investigations
and total 480 acres within the existing LTS and 221.6 acres within Parcels 2, 3, and
23.
Pre-treated wastewater will be supplied to the expansion sites within Parcels 2, 3,
23, and 62 by a new transmission main and header pipelines having a total length of
6.7 miles (Section 4.4.3, Final Engineering and Environmental Assessment Report).
These pipelines will connect the expansion sites to the 36-inch transmission main in
the existing land treatment system. Within the expansion sites, laterals will be
installed on 80-foot centers to transport the wastewater to the sprinkler head
assemblies for spray irrigation. Piping improvements within the existing LTS will
connect the expansion areas to the existing header pipelines. As with the areas
within Parcels 2, 3, 23, and 62, the laterals will be on 80-foot centers and they will
transport wastewater to newly installed sprinkler heads.
All below grade expansion piping will be installed using conventional overland buried
pipeline construction techniques. Once the pipe has been placed and tested the
trench will be backfilled with the excavated topsoil. No surplus of soil from the
trenching of the header or transmission main pipelines is anticipated.
•

• Flow Equalization Tank
The expansion will involve the construction of a new flow equalization tank to be
connected to the existing force main and located approximately 600 feet southeast
of the main pump station on City of Jacksonville property (Section 4.2.7.2, Final
Engineering and Environmental Assessment Report). The flow equalization tank will
be located between the groundwater wells that were constructed on this property
but would not encroach on the required well head protection zones. The flow
equalization tank will be connected to the main pump station by a newly constructed
20-inch influent pipeline and an existing 48-inch sanitary sewer which will carry
effluent back to the pump station.
Construction of the flow equalization tank will involve the permanent clearing of
approximately 0.5 acres of mixed forestland. However, the tank location was
chosen to avoid wetlands. All proposed piping will be installed below grade, and
once the pipe has been tested, the trench will be backfilled with the excavated
topsoil. No surplus of soil from the trenching of the pipeline or the construction of
the flow equalization tank is anticipated.
Auxiliary Features
The upgrade and expansion will involve pumping and piping improvements to convey
flow between the new effluent storage lagoon and the existing storage lagoon
system. Anew gravity flow pipe will be installed to connect the East and West
Lagoons to the South Lagoon. This will allow the South Lagoon to drain down to a
level equal to the bottom of the East and West Lagoons at the connecting pipes.
The pipeline will be installed using conventional overland buried pipeline
construction techniques, and once the pipe has been placed and tested, the trench
will be backfilled with the excavated topsoil. No surplus of soil from the trenching of
the connecting pipeline is anticipated.
b. Is the proposed activity maintenance of an existing project, new work,
both?
As mentioned above in 3.a, the proposed activity involves upgrading the existing
capacity of the LTS from 6.0 to 9.0 MGD. In order to achieve the increased capacity
both the maintenance of existing components (i.e., pumps, control panels, etc.) and
the construction of new components, (e.g., effluent storage lagoon, Train 3, and
spray field expansion areas) are needed.
c. Will the project be for public, private or commercial use?
The LTS is operated by the City of Jacksonville to treat its municipal wastewater;
therefore this project will be for public use. The proposed upgrade and expansion
will allow the City to serve its current and future needs.
d. Give a brief description of purpose, use, methods of construction and
• daily operations of proposed project. If more space is needed, please attach
additional pages.

• The purpose of this project is to provide the City of Jacksonville with increased
storage and treatment capacity to be able to safely handle the increasing demand
on the City's only wastewater treatment facility.
The primary use of the LTS is to treat the wastewater from the City of Jacksonville
and to provide irrigation land for the pretreated effluent to be sprayed.
The Jacksonville LTS is responsible for the treatment and land application of the
City's wastewater. Wastewater is transported eight miles from Jacksonville to the
LTS via a 36-inch diameter force main. The wastewater is treated with hydrogen
peroxide to remove odors before flowing into the headwork facility. At the
headwork facility, the influent (raw wastewater) passes through a Huber Step
Screen where material greater than 1/8-inch in size is removed. The wastewater
then flows into an aerated grit an grease removal system where inorganic material
and floatables are removed. Wastewater then flows into a series of aerated lagoons
where biological treatment of the waste occurs. Secondary treated wastewater
then flows into storage lagoons. The storage lagoons have a capacity of 340 MG
and provide storage of treated wastewater during periods of inclement weather,
when spray irrigation of wastewater is not feasible. The stored treated wastewater
is used to irrigate a forested 6,270 acre pine plantation. Before irrigation, this
treated wastewater is chlorinated to insure that no harmful bacteria are sprayed
onto the forest. The treated wastewater is applied in the spray irrigation fields at
the rate of 1.4 inches per week from April 1St through October 31St and 0.7 inches per
week from November 1St through March 31St
The LTS is staffed by a Plants Superintendent, achief operator, five wastewater
plant operators, a Plants Maintenance Mechanic, a Plants Maintenance Worker II and
two Equipment Operators. A Chemist is responsible for the certification of the
water and wastewater laboratory and performs all the required analyses for both
the wastewater and water sections.
The proposed project will be constructed persistent to the specifications within the
project manual and drawing set. A general description is provided in item 3.a above.
Because of the extensive clearing and soil movement necessary for the proposed
project the following mechanized equipment may be used: excavators, bulldozers,
front-end loaders/backhoes, portable batch plants, trucks, tandem dump trucks,
cranes, chipper/mulchers, tub grinders and bushhogs.
4. LAND AND WATER CHARACTERISTICS
a. Size of entire tract
N/A

• b. Size of individual lot(s)
See item 2.c above.
c. Approximate elevation of tract above MHW or NWL
The land surface of the current LTS property slopes eastward with elevations
ranging from 30 to slightly above 90 feet mean sea level (MSL) (Figure 8-13, Final
Engineering and Environmental Assessment Report). The land surface of Parcels 11
and 12 slopes generally to the south with a range in elevation from 26 feet to
approximately 65 feet above MSL (Figure 8-25, Final Engineering and
Environmental Assessment Report). Relief of Parcels 2, 3, and 23 is very slight and
elevations range from 62 to 94 feet above MSL (Figure 8-26, Final Engineering and
Environmental Assessment Report). The land surface of Parcel 62 is moderately
sloped generally to the southwest towards Southwest Creek with elevations ranging
from 44 to 78 feet above MSL (Figure 8-27, Final Engineering and Environmental
Assessment Report). Due to the flatness of the land, the physical features of a
majority of the area relate closely to the interaction of Southwest Creek and its
tributaries with various soils. Physical features of the western portions of Parcels 2
and 23 are influenced by tributaries of the adjacent Cypress Creek watershed to the
west. Natural surface drainage is moderate on much of the existing LTS land, on a
majority of the effluent storage lagoon expansion site and on the proposed irrigation
spray field expansion sites.
The flow equalization tank site slopes generally to the south and west towards the
Chaney Creek bottomland. The flow equalization tank site is relatively flat and
located above the 100-year floodplain. Ground elevation varies across the site from
0 feet above sea level at Chaney Creek to approximately 15 feet above sea level at
the northeast edge of the site (Figure 8-14, Final Engineering and Environmental
Assessment Report).
In addition to being shown in the figures within the Final Engineering and
Environmental Assessment Report, the elevations for the project area are shown
within the permit drawing set.
d. Soil type(s) and texture(s) of tract
According to the NRCS Onslow County Soil Survey there are 17 different soil series
occurring within the boundaries of the project area as shown in Figures 8-14 and 8-
15 of the Final Engineering and Environmental Assessment Report and as listed in
Table 2 below. Additional information on soil types can be found in Section 8.7.2 of
the Final Engineering and Environmental Assessment Report.
•

•
Table 2. Soil series occurring with the project area.
Series Name With Map Symbol
Autryville (Au6) Marvyn (MaC) Pits (Pt)
Baymeade (BaB, Bm6) Muckalee (Mk) Rains (Ra)
Foreston (FoA) Murville (Mu) Stallings (St)
Goldsboro (GoA) Norfolk (NoA,
Nob) Torhunta (To)
Leon (Ln) Onslow (On) Woodington (Wo)
Lynchburg (Ly) Pactolus (Pa)
e. Vegetation on tract
The majority of the project area is forested with the exception of a couple of small
agricultural fields on Parcel 12. Forests within the project area can be divided into
the following communities: Pine plantation, mesic mixed hardwood, small depression
ponds, bottomland hardwood and pocosin. A discussion of each of the above
referenced communities and their respective vegetation is provided in Sections
8.7.11 and 8.7.13.2 of the Final Engineering and Environmental Assessment Report.
f. Man-made features now on tract
Man-made features within Parcel 2, 3, 11, 12, 23 and 62 are limited to unpaved
access roads and drainage ditches with one exception. Parcel 62 contains a
cemetery which was determined as not eligible for the NHRP. The cemetery is
discussed in Sections 8.7.7 and 10.6 of the Final Engineering and Environmental
Assessment Report in greater detail. The location of the cemetery is shown on
Sheet I-7 of the permit drawing set.
The existing LTS contains numerous man made features including the existing
storage and treatment lagoons, the administration building, the equipment storage
building, and numerous auxiliary structures associated with the treatment process.
In addition, the LTS contains several miles of buried transmission mains, irrigation
header and lateral pipes which transport the pretreated effluent to approximately
19,000 sprinkler heads.
The proposed flow equalization tank site contains two existing sanitary sewer lines;
however, there are several man made structures around the site including the main
pump station.
g. What is the CAMA Land Use Plan land classification of the site?
The CAMA Land Use Plan land classification for the effluent storage lagoon site
(Parcels 11 and 12) and the irrigation spray field expansion sites (Parcels 2, 3, 23, 62
and the existing LTS) is rural with services. The flow equalization tank site, which is
in the City of Jacksonville, is zoned as developed.

h. How is the tract zoned by local government?
The proposed effluent storage lagoon site, irrigation spray field expansion sites and
the existing LTS are all zoned as residential/agricultural. The proposed flow
equalization tank site is zoned as both townhouses condominiums and apartments,
and industrial.
i. Is the proposed project consistent with the applicable zoning?
The proposed project is consistent with the applicable zoning of the proposed
expansion parcels.
j. Has a professional archaeological assessment been done for the tract?
If Yes, by whom?
Preliminary archaeological research was conducted at the existing LTS site in
conjunction with an EA prepared by Malcolm Pirnie in 1989 for construction of the
existing LTS. This research involved the examination of published studies of coastal
North Carolina, the review of reports on Onslow County archaeology on file at the
North Carolina Department of Archive and History (NCDAH), a walk-over and the
excavation and drawing of soil profiles in the floodplain, upland and intermediate
sections of the LTS.
According to the archaeological investigations performed by Gray and Pape (1995),
no known archaeological sites at the time were listed or eligible for listing on the
National Register of Historic Places (NRHP) were known to exist within the existing
LTS. A majority of archaeological sites in the general study area appeared to be
represented by ephemeral prehistoric camps. Sites were generally shallow in nature
and lacking sufficient numbers of features and remains to significantly improve the
understanding of the archaeological past. In addition, many artifacts had been
impacted by tree harvesting and grading activities unrelated to this project.
Inquiries at the inception of this phase of the project determined that no historic
properties were identified on the current resource maps maintained by the State
Historic Preservation Office (SHPO) for the project area. However, the SHPO
requested a Phase I Archeological Survey be conducted for the areas of impact
within the project area, excluding the existing LTS. According to the SHPO, no
impact to archaeological resources are anticipated within these internal expansion
areas.
Phase I surveys were conducted at the proposed effluent storage lagoon sites
between December 2005 and January 2006 by Coastal Carolina Research, Inc.
(CCR). Between April and June 2006, CCR conducted Phase I archaeological
surveys at the proposed irrigation expansion sites, except for within the existing
LTS, and the proposed flow equalization tank site. The archaeological reports for
• these surveys and the correspondences with the SHPO are included in the Final
Engineering and Environmental Assessment Report.

k. Is the project located in the National Registered Historic District or does
it involve a National Register listed or eligible property?
The Phase 1 surveys, discussed in Item 4.j above, determined that the project area
does not involve a National Register listed or eligible property.
I. Are there wetlands on the site? Coastal? Other? If yes, has a
delineation been conducted?
Delineations of Waters of the United States (WOUS) were performed within the
piping corridors of the irrigation spray field expansion sites, within the project area
of the flow equalization tank site, and within the effluent storage lagoon expansion
site in entirety. These delineations were conducted in accordance with the 1987 U.
S. Army Corps of Engineers Wetland Delineation Manual (TR Y-87-1)
Wetlands within the project area are predominately forested and scrub-shrub
however, emergent wetlands do occur along maintained utility corridors. Section
8.7.13.2 of the Final Engineering and Environmental Assessment Report
characterizes wetland plants within the project area.
Estimates of the amount of wetlands within the irrigation spray field expansion
areas relied on a detailed soil suitability analysis that was conducted by Nutter and
Associates. Soils deemed suitable for spray irrigation would generally be well
. drained, and therefore would not be characterized as hydric soils. Alternatively,
soils determined to be unsuitable for spray irrigation potentially constitute wetland
areas.
Within the proposed irrigation spray field expansion areas, 539 acres of suitable
land not currently under spray irrigation were identified. This information was used
to determine potential piping corridors through and between these potential spray
fields which would minimize impacts to WOUS. During this iterative process,
wetland delineations were conducted to further refine header placement and to
calculate the proposed impacts. Delineations conducted within the header corridors
were verified by the U. S. Army Corps of Engineers Wilmington, NC District Office. A
Jurisdictional Determination was issued for portions of Parcels 2, 3, and 23 on
March 13, 2006. A confirmation site visit was conducted on July 27, 2006 by the U.
S. Army Corps of Engineers for additional areas in Parcels 2, 3, and 23, and within
the proposed header corridors in Parcel 62 and the existing LTS. Although the
Corps concurred with the delineation, a Jurisdictional Determination has not been
issued because of potential regulatory changes associated with the
Rapanos/Carabell Supreme Court decision.
Based on wetland assessments and delineations, and soil suitability analyses,
Parcels 2, 3, 23, 62 and the existing LTS contain approximately 584, 124, 90, 82
and 4,009 acres of wetlands, respectively. These totals were calculated by
subtracting the suitable soil and delineated wetland acreages from each parcel's
total acreage, and may represent an overestimate of WOUS. The approximate
locations and extents of WOUS within the irrigation spray field expansion areas are

• shown in Figures 8-26 and 8-27 of the Final Engineering and Environmental
Assessment Report and within the permit drawing set.
Delineations of Parcels 11 and 12 were verified by the U. S. Army Corps of Engineers
Wilmington, NC District Office on August 9, 2005 and November 16, 2005
respectively. Parcel 11 contains approximately 75 acres of WOUS, which include
pocosin, bottomland hardwood and 2 doline communities. Parcel 12 contains
approximately 4.2 acres of forested wetlands. One approximate 0.1-acre wetland
system on Parcel 12 was determined by the U. S. Army Corps of Engineers to be an
isolated system. An approximate 600-linear foot intermittent-channelized stream
is located between Parcels 11 and 12. This stream flows to Stewart Branch, which is
the southeastern and southern property border for Parcels 11 and 12, respectively.
The approximate location of WOUS within Parcels 11 and 12 is shown in Figure 8-25
of the Final Engineering and Environmental Assessment Report and within the
permit drawing set.
A delineation was verified and a Jurisdictional Determination was provided by the U.
S. Army Corps of Engineers for the flow equalization tank site on March 13, 2006.
Approximately 1.6 acres of wetlands adjacent to Chaney Creek are located in the 5.3
acre area associated with installation of the flow equalization tank. These wetlands
are forested and emergent wetlands associated with the existing right-of-way
(ROW) and are shown in Figure 8-18 of the Final Engineering and Environmental
Assessment Report and within the permit drawing set.
. m. Describing existing wastewater treatment facilities.
The LTS is the wastewater treatment facility for the City of Jacksonville, and
therefore treats its own wastewater. A description of the LTS can be found in
Section 1.1 of the Final Engineering and Environmental Assessment Report and in
Item 3.d above.
n. Describe location and type of discharges to waters of the state.
The proposed activities will not discharge to surface waters of the state per 15A
NCAC 02T .0506.
o. Describe existing drinking water supply source.
The 8-inch water line that services the LTS is part of the Onslow County municipal
water supply.
5. ADDITIONAL INFORMATION
A. Copy of the deed (with state application only)
Please see Appendix C.
•

B. An accurate, dated work plat.
Please see CAMA /Corps Joint Permit Application Drawing Set.
C. A Stormwater Certification, if one is necessary.
A construction Stormwater Pollution Prevention Plan will be prepared as required
by DWQ regulations.
D. List of names and addresses of adjacent landowners.
Please see Appendix D.
E. List of previous state or federal permits issued for work on the project
tract.
The existing LTS was constructed under Corps Action ID Number 199304406 and
State Number 127-93. Copies of the Corps and CAMA Permit are enclosed in
Appendix E.
F. $250 check made out to DEHNR.
N/A, based on conversation with Stephen Ryans (NCDCM)
• G. Signed AEC hazard notice.
N/A
H. A statement of compliance with the N.C. Environmental Policy Act.
Please see permit cover letter.
6. 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.
I certify that to the best of my knowledge, the proposed activity complies with the
State of North Carolina's approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact, grant permission to
representatives of state and federal review agencies to enter on the
aforementioned lands in connection with evaluating information related to this
permit application and follow-up monitoring of the project.
•

• I further certify that the information provided in this application is truthful to the
best of my knowledge.
This is the 20th day of October, 2006.
/ f_
,cam ,~- _ \
Signature ~ , ~~,
Steve W. Miller
/ DCM-MP-2 Excavation and Fill Information
/ DCM-MP-3 Upland Development
DCM-MP-4 Structures Information
DCM-MP-5 Bridges and Culverts
DCM-MP-6 Marina Development
c:
•

CERTIFICATION OF AUTHORIZATION TO ALLOW AGENTS. TO ACT__ON _____ _
APPLICANT'S BEHALF
I, Kristoff T. Bauer, City Manager for the City Of Jacksonville hereby certify that
I have authorized Steven W. Miller or James P. Noonan of Malcolm Pirnie to act on my
behalf and the City Of Jacksonville's behalf and to take all actions necessary related to
the processing, issuance and acceptance of permits for the expansion of the Jacksonville
Land Application Site.
This the day of August, 2006.
G ~~
1
's ~ ff T. auer
Jacksonville City Manager
•
•

•
DCM-MP-2 UPLAND DEVELOPMENT
1. EXCAVATION AND FILL
1.a. Amount of material to be excavated from below MHW or NWL in cubic
yards.
No excavation will occur in areas below MHW or NWL as part of the upgrade and
expansion of the City of Jacksonville's Land Treatment System (LTS).
1.b. Type of material to be excavated.
For all project sites, the material to be excavated includes silty sands.
1.c. Does the area to be excavated include coastal wetlands (marsh),
submerged aquatic vegetation (SAVs) or other wetlands?
Delineation of Waters of the United States (WOUS) have been performed on portions
of all of the irrigation spray field expansion sites, the effluent storage lagoon
expansion site, and the flow equalization tank site. The wetlands within these areas
are predominately forested and scrub-shrub, however, emergent wetlands do occur
along maintained utility corridors. The impact of the project on wetlands is further
discussed in Item 4.1 of DCM-MP-1 and within Section 8.7.4 of the Final Engineering
• and Environmental Assessment Report.
1.d. Highground excavation in cubic yards.
The amount of highground excavation will approximately be 252,189 cubic yards.
This excavation will be part of the development of the new effluent storage lagoon
on Parcels 11 and 12 and is further discussed in Item 3.a of DCM-MP-1 and within
Section 4.3.2.6 of the Final Engineering and Environmental Assessment Report.
2. DISPOSAL OF EXCAVATED MATERIAL
2.a. Location of disposal area.
At the effluent storage lagoon expansion site, the material remaining after
excavation is completed will be used for the construction of the dam surrounding
the lagoon (Figure 8-17, Final Engineering and Environmental Assessment Report).
It is anticipated that no excess material will remain from construction at the effluent
storage lagoon expansion site. Excavation within the irrigation spray field
expansion sites will occur during transmission main and header placement (Figures
8-5 and 8-5A, Final Engineering and Environmental Assessment Report). It is
anticipated that no excess material will remain once the pipelines are in place and
the trenches are backfilled. Excavation at the flow equalization tank site will be
used for the installation of the influent and effluent pipelines which will connect the
• flow equalization tank to the existing force main (Figure 8-18, Final Engineering and

• Environmental Assessment Report). It is anticipated that no excess material will
remain as a result of construction at the flow equalization tank site.
2.b. Dimensions of disposal area.
Once constructed, the 20.2 acre dam, on average, will be 90 feet wide at its base
and will range from 0 to 23 feet above the existing ground surface. The outboard
dam slope will be 2.8:1 and the inboard dam slope will be 2.5:1. The proposed
effluent storage lagoon will be irregularly shaped and will be 74.1-acres in size within
the inner toe of the dam. The disposal area is further discussed in Section 4.3.2.6 of
the Final Engineering and Environmental Assessment Report.
2.c. Do you claim title to the disposal area?
Yes, the City of Jacksonville is the owner of the construction and disposal areas.
2.d. Will a disposal area be available for future maintenance?
The disposal area will not be available for future maintenance as it will be part of the
construct effluent storage lagoon.
3. SHORELINE STABILIZATION
• 3.a. Type of shoreline stabilization.
N/A
3.b. Length
N/A
3.c. Average distance waterward of MHW or NWL.
N/A
3.d. Maximum distance waterward of MHW or NWL
N/A
3.e Shoreline erosion during proceeding 12 months
N/A
3.f. Type of bulkhead or riprap material
N/A

3.g. Amount of fill in cubic yards to be placed below water level
N/A
3.h. Type of fill material
N/A
3.i. Source of fill material
N/A
4. OTHER FILL ACTIVITIES
4.a. Will fill material be brought to the site?
Yes, a minimal amount of fill will be brought to the site to provide the proper
materials required for lagoon and dam construction.
4.a.(1) Amount of material to be placed in the water
There will be 50,808 cubic yards of fill material placed in wetlands during the
construction of the dam around the effluent storage lagoon.
4.a.(2)Dimensions of fill area
As answered above in Item 2.b, the dimension of the fill area would be the same as
the dam bounding the effluent storage lagoon.
4.a.(3)Purpose of fill
The fill material will be used to alter the existing topography of the site to construct
the dam required for the lagoon.
4.b. Will fill material be placed in coastal wetlands (marsh), SAVs or other
wetlands?
Yes, fill material will be placed in non-tidal palustrine wetlands during construction
of the dam.
4.b.(1) Dimensions of fill area
The area of fill will be irregularly shaped and will total 4.0 acres in wetlands.
4.b.(2) Purpose of fill
The purpose of the fill will be to construct the dam for the effluent lagoon.
•

5. GENERAL
5.a. How will excavated or fill material be kept on site and erosion
controlled?
All soil disturbances will be conducted pursuant to an Erosion and Sediment Control
Plan approved by the North Carolina Division of Land Resources, Land Quality
Section (Section 8.8.2, Final Engineering and Environmental Assessment Report).
Erosion and sediment controls will be installed and maintained between the
construction site and any nearby down gradient surface waters. Natural vegetated
buffers will be maintained on all streams and creeks adjacent to the work sites.
5.b. What type of construction equipment will be used (for example, dragline,
backhoe, or hydraulic dredge)?
Construction at the site will require the use of various mechanized equipment as
discussed in Item 3.d of DCM-MP-1.
5.c. Will wetlands be crossed in transporting equipment to project site? If
yes, explain steps that will be taken to lessen environmental impacts.
Yes, wetlands will be crossed while transporting equipment to, and within, the
project site. The environmental impacts will be lessened by following the approved
• Sediment and Erosion Control Plan, and by minimizing construction activities within,
or adjacent to, wetlands (Section 8.8.4 Final Engineering and Environmental
Assessment Report).
Applicant or Project Name
City of Jacksonville, North Carolina
Land Treatment System (LTS) Upgrade and Expansion
This is the 20th day of October, 2006.
/,,_ ._
l ~~ ~~
Signature i `~'
Steve W. Miller

DCM-MP-3 EXCAVATION AND FILL
a. Type and number of buildings, facilities, units or structures proposed.
The City of Jacksonville Land Treatment System (LTS) upgrade and expansion will
involve the development of a new 95-acre effluent storage lagoon that will be
constructed on City owned property south of the existing effluent storage lagoon.
The lagoon will be contained by a dam which will have a perimeter of approximately
9,000 feet (Item 3.a, DCM-MP-1).
The expansion will involve the construction of a new 2.5 million gallon, flow
equalization tank on city owned property south of the existing main pump station
(Item3.a, DCM-MP-1). The tank will be constructed to contain wastewater during
peak flow events at the pump station. Wastewater will enter the tank after passing
through a new vault and mechanical screen with a bypass channel. The mechanical
screen will be housed in a building which will be constructed north of the proposed
flow equalization tank. Once the flow of wastewater into the pump station has
decreased below 18.0 MGD, the stored wastewater will be released back to the pump
station through an existing gravity sewer.
As part of the expansion, a third treatment train parallel to the existing Train Nos.1
and 2 will be constructed and it will include four separate cells (Item 3.a, DCM-MP-1).
Cell A will have a top of berm dimension of 290 ft x 290 ft and a volume of 4.5
million gallons. Cells B-D will have a top of berm dimension of 290 ft x 520 ft and a
combined volume of 9.0 million gallons. Effluent flow will be distributed to the West
• and South storage lagoons by a newly constructed aerated lagoon effluent splitter
box which will be sited west of the new Train 3.
The spay field irrigation system will be expanded to increase the capacity of the
system to accept the pretreated wastewater being held within the effluent storage
lagoons (Item 3.a, DCM-MP-1). The wastewater will be supplied to the expansion
areas in Parcels 2, 3, and 23 through a new transmission main and header pipelines
having a total length of approximately 6.7 miles. The improvement and extension of
existing header pipelines will allow for the irrigation of suitable lands within Parcel
62 and the existing LTS.
b. Number of lots or parcels.
The land treatment system upgrade and expansion will involve the use of eight
parcels which are owned by the City of Jacksonville, NC (Item 2.c, DCM-MP-1).
c. Density (give the number of residential units and the units per acre)
N/A
d. Size of area to be graded, filled or disturbed including roads, ditches, etc.
The total area of land disturbance will be approximately 238 acres. The flow
• equalization tank will require clearing of 0.1 acres, the storage lagoon will require 117
acres of mixed forest and 8.0 acres of aq land cleared, the irrigation expansion will

• require 108 acres of pine forest cleared for piping and irrigation, and the
pretreatment facilities will require 5 acres of disturbance (Section 8.8.11, Final
Engineering and Environmental Assessment Report).
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and sedimentation control
plan at least 30 days before land disturbing activities begin. If applicable, has a
sedimentation and erosion control plan been submitted to the Division of Land
Resources?
No, an erosion and sediment control plan has not been submitted. However, an
erosion and sediment control plan will be submitted to, and approved by, the
Division of Land Resources prior to soil disturbance at the Project Site (Section
8.8.2, Final Engineering and Environmental Assessment Report).
f. List the materials (such as marl, paver stone, asphalt, or concrete) to be
used for paved surfaces.
N/A
g. Give the percentage of the tract within 75 feet of MHW or NWL, or within
575 feet in the case of an Outstanding Resource Water, to be covered by
impervious and/or built upon surfaces, such as pavement, buildings, rooftops,
• or to be used for vehicular driveways or parking.
No portion of the project area within 75 feet of MHW or NWL, or within 575 feet of
an Outstanding Resource Water, is to be covered by an impervious and/or built-upon
surface, or to be used for vehicular driveways or parking.
h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification. Has a site development plan been
submitted to the Division of Environmental Management for review?
No, a site development plan has not been submitted. However, a site development
plan will be submitted to, and approved by, the Division of Environmental
Management prior to development at the site.
Describe proposed method of sewage disposal.
Sewage produced at the site will be treated by the City of Jacksonville's Land
Treatment System (Item 4.m, DCM-MP-1).
j. Have the facilities described in Item i. above received state or local
approval?
Yes, the existing LTS has both state and local approval.
•

k. Describe location and type of proposed discharges to waters of the state
(for example, surface runoff, sanitary wastewater, industrial/commercial
effluent, "wash down" and residential discharges).
The proposed activities will not discharge to surface waters of the state per 15A
NCAC 02T .0506 (Item 4.n, DCM-MP-1).
I. Describe proposed drinking water supply source.
The 8-inch water line that services the LTS is part of the Onslow County municipal
water supply (Item 4.0, DCM-MP-1).
m. Will water be impounded? If yes, how many acres?
Yes, as part of the LTS expansion, 94.2 acres of water will be impounded on the
site as part of the new effluent storage lagoon, and 5.5 acres of water will be
impounded within the pretreatment cells (Item 3.a, DCM-MP-1).
n. If the project is an oceanfront development, when was the lot(s) platted
and recorded?
N/A
Applicant or Project Name
City of Jacksonville, North Carolina
Land Treatment System (LTS) Upgrade and Expansion
This is the 20th day of October, 2006.
~~/~
,;
Signature ~ ~ ~~
Steve W. Miller
•

INDEPENDENT ENVIRONMENTAL
ENGINEERS, SCIENTi5T5
ANO CONSULTANTS
October 20, 2006
Stephen Rynas
Federal Consistency Coordinator
North Carolina Division of Coastal Management
Hestron Plaza II, 151 b, Highway 24
Morehead City, North Carolina 28557-2518
Re: Jacksonville, NC Proposed Land Treatment System Upgrade and Expansion
Coastal Consistency Certification
Dear Mr. Rynas:
Malcolm Plrnle, Ine.
701 Town Center Drive
Suite 600
Newport News, VA 23606-4296
T: 757-873-8700
F: 757-873-8723
www.pirnie.com
The purpose of this letter is to request concurrence from the Division of Coastal Management
• (DCM) that the Land Treatment System Expansion Project proposed by the City of Jacksonville is
consistent with North Carolina's coastal management program.
The City is currently under a Special Order of Consent (SOC) from the North Carolina
Environmental Management Commission (NCEMC) to increase its municipal wastewater
treatment capacity. The Land Treatment System (LTS), which began operating in 1998, is the
City's sole treatment system for municipal wastewater. The 6.0 million gallon per day (MGD)
rated capacity of the LTS was intended to meet the wastewater treatment needs of the City for
approximately 10 years. However, higher residential growth rates than originally projected,
coupled with higher wet weather flows and reduced spray irrigation capacity over the past several
years has forced the City to implement the second phase of the LTS. The proposed expansion
would accommodate an increase in the average day flow of 6.0 MGD to 9.0 MGD, which was the
expected wastewater flow at the end of the 20-year planning period.
Land treatment involves conveying all wastewater flow to a land treatment site where it undergoes
pretreatment, storage, and spray irrigation. The wastewater is applied to the treatment site at a
controlled rate to achieve treatment through natural biological, physical, and chemical reactions
in the soil.
Expansion of the LTS facility will involve the following project components:
^ developing a new effluent lagoon;
• pumping and piping improvements;
^ construction of a new flow equalization tank;

~ •
~ ~
iMOe~r ErmRON~u,ru
cNC+neu:s. sc,ransrs
~o cor~w~n-hrs
•
•
Stephen Rynas
North Carolina Division of Coastal Management
October 20, 2006
Page 2 of 2
^ 319-acre expansion of the existing spray irrigation system within the LTS property;
^ upgrades to the existing spray irrigation areas; and
^ expansion of the spray irrigation system on approximately 220 acres of property adjacent to
the existing LTS.
Avoidance and minimization measures will be implemented to reduce impacts from expansion of
the LTS facility to the extent practicable.
The project is located outside of Areas of Environmental Concern (AEC), as defined in Section
113A-113 of the Coastal Area Management Act (CAMA). However, the project requires Section
401 Water Quality Certification from the North Carolina Division of Water Quality (DWQ) and
a Section 404 permit from the U.S. Army Corps of Engineers for unavoidable impacts to Waters
of the U.S. A CAMA /Corps Joint Permit Application was submitted to DWQ and the Corps on
October 20, 2006. The enclosed Environmental Assessment has been prepared to support the
Joint Permit Application and the consistency certification, and contains the information required
by 15 CFR 930.58.
The City has sited and designed the proposed project to avoid impacts to coastal resources and
coastal uses to the maximum extent practicable and has minimized adverse impacts to water
quality. The proposed activity complies with the enforceable policies of North Carolina's
approved management program and will be conducted in a manner consistent with such program.
Please contact me or Mark McElroy at [phone] should you have questions or require
additional information regarding the proposed Land Treatment System Expansion Project. Thank
you for your assistance.
Very truly yours,
MALCOLM PIRNIE, INC.
Robert T. Belcher, PWS, CE
Project Environmental Scientist /Wetlands Ecologist
KBS
Enclosures
0707-104

Unsiow Lounty, N(_; Property Kecord Lard
OWNERSHIP 10192006 99020 993
CITY OF JACKSONVILLE
PO BOX 128
JACKSONVILLE NC 28591
UF;ED:1993 0000001993
(PROPERTY DESCRI P"T LON
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193CVS1399
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(MAP NUMBER CARD NO
1308 19, E,E 1
IRECO RD NUMBS;R:. 36089
RONTEI 30601557
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..................125.......... ........ITOPO IS"T R F:ET IOTIL I'PY 17,ONING 6249.24 ACRES NBIiD
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• :l I IELECTRICI NOTES:
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:5 5111%60COMERCILI S.OOACI 250001 I I 1250001 5.001 125000
:0 A- 012161ECLEAREp 1223.90AC1 18751 0.60ACP'I I 1125123.901 251887
.. OFFICES :13171FWOODI,AND14029.74AC1 15001 0.60ACF1 1900.001 407.51 36227.66
••
-- :14159KMARSHWET11995.60AC1 110.001 0.60ACF1
:I 166.001 19961 131710

B@ ................125.......... :I
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91.30863
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AI2.OCOFEICES I 625011.001 62501 90.471 13.00-1.0011.051 44.591 62501 2786881 0.901 I 250819
1 6 FZXT[1RES1 I I I I I I I 1140.001 I 68901 0.901 I 6156
8194 OVERHANG( 25011.001 2501 7.941 I I I I 7.941 2501 19851 0.901 I 1787
8199 COMMSDWKI 25011.001 2501 3.601 I I I I 3.601 2501 9001 0.901 I 810
6250H5 F, 6750'ISF RP C[J- 46.15/HSF' 288913 VALU- 41.53/HSF 259572
STRUCTURE VALUE: 25q 5'72
6'A LUATIONITHIS CARD+CARD52- 5= VA LU F:IPREV-VAL.IP--N'sl I I CARD NO. 1~ 4392281
LAND I 91308631 01 91308631 90173631102%I I I 661I,V/AC CARD 2- 5 173499
O'IHERFEATI 18461 01 18461 80652921 0'01 I I TOTAL VA1.,[lE 456578(7
STRUCTURE( 2595721 1734991 4330711 4941.351 97'01 I I 702TV/FISF
TOTAL 1 93922811 1734991 95657801 125267901 3601 I I 702TV/HSF
APPRAISED-VALUE: 4565780
f l ----- --- --
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http://maps.onslowcountync.gov/cgi-bin/onslow/CreatePRC_2.p11?recNum=36084 10/ 16/2006

Unslow l:ounty, NC: Property Kecord Lard
Page I of I
OWN F.RSHIP 107-4-1006 99020 999 PROPE KCY DE SCF2IPTION 'CAX SUBD IVLS CONS (MAP NUMBER CARD NO
CITY OF JACKSONVILLE IUS 17N IJACKSONVLLLE TWP 1426 58,E F 1
IJAC KSONVL[L,E CITY (RECORD N[1MBFR.. 36191
PO BOX 128 I I IRODTF 3993012,
JACKSONVILCE NC 28541 (TEMP-437606108 ILCSTFR:KT070605 -
DEED:1285 596001311996 - ZIUS HWY 17N I IREVLEW:DC011605
-- --------•-60.....•. .....-.IOPO (STREET OTILITY (ZONING 1.6.52. ACRES -- DIHHD
- : (PAVED IIND 3993
:(LEVEL (NONE (ALL PUB I NOTES:BP 2/96 931,700
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:1217.7.CB LACKTOPI 150* 131 2.3110.70 I 1.621 19501 3159
@ ..................60.................:13112CBLACKTOPI 30* 601 2.3210.70 I 1.521 18001 291.5
14113000NCRETEI 15* 601 2.5710.70 1 1.801 9001 1620
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COMMRCIL COMERCIL B 81.997 AVERAGE CONDITION
DIMENSIONS:A-CU30R60D30L60H
#ISTR[1CT'Uk2EISKTCH--SF*STHT= AREA RA'I'E*GRDF+HEA'L+EXWL*WLHT=ADJRAT* AREA= RPCN* DEPI'*CNDF=STR-VALUE
A1228GVT BLDG( 180011.001 18001 87.241 I 13.251 190.991 18001 1628821 0.881 I 193336
100%FIN-BSMTI I I 18001 61.071 I I I 161.071 18001 1099261 0.881 I 96735
3600HSF, 3600TSF RPCN- 75.78/HSF 272808 VALU - 66.69/HSF 290071
STRUCTURE' VALUE: 240071
/ALUATION VA L[IEIPREV-VAL.P-N'~ I TOTAL VALUE 1735727
LAND I I I 14868001 1840901807 i~1 I I 900001,v/AC
OTHE RFEATI I I 88561 98191 90sl I I
STRUCTURE( I I 2400711 2414021 99%) I I 982TV/HSF
TOTAL I I I 17357271 935261139fl o1 I I 982TV/HSF
APPRAISED-VALUE: 1735727
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Unslow County, N(_' Property Kecord Lard
OWNERSHIP 10192006 99020 999 (PROPERTY DESCRIPTION (TAX SUE9D iV7:S LONS (MAP NUMBER CAIRD NO
CL'rY OF JACKSONVILLE ISR 1204 & SR 1206 IRICHLANDS TWP I 3F 9,E E 1
IOSCVS3967 I (RECORD NUMBER:. 21690
PO HOX 128 I I IROUIN 5004317
JACKSONVILLE NC 23541 IO1G1A7 1690/616 03/19/2001 (TEMP-431800 66 (LISTER:KT021605 - S
° DEED:2578 611U12282005 -- 21 MC1RRILL HROWN RD SR 1209 I IREVIEW:H5011006
ITOPO (STREET U'I'I LLTY IZ,ONING 701.1"L ACRES NBHD
I LEVEL (PAVED IPUBWA"CERI AFCT:1- AL 0833
I (LIGHT (SEPTIC I NO'CES:
I (ELECTRIC(
I IkI LAND CLASS I SIZE IHASERA'CG*FRNT*DPTH*ADJ=ADJRATG*UNiTS=LND-VALCIE
11139TUNDEVL 1986.67AC1 50001 I I I 5000186.671 2433350
12159KMARSHWETI 214.45AC1 110.001 0.60ACF1 166.00219.951 19154.
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(LAND VALUE: 2497504
VACANT
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IF'NDA"CCONIXTRFNISHIROOFTYPEIROOFMTRLISIZE/QTY(
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5'I'RUCTURE VALUE: 0
VALUA'fIONI VA LUEIPRGV-VAL.IP-NCI I I TOTAL VAGOE 2447509
LAND I I I 29975091 9593691538 ~1 I I 3990LV/AC
OTHFRFEATI I I 01 I I I I
STRDCTUREI I I 01 I I I I
TOTAL, I ( I 29975091 9543691538''01 I I
-~-~~-~~"~~- - _~~-~ APPRAISED-VALUE: 2997509
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10/ 16/2006

Unslow County, NC Property Record Card
Page I of I
OWNERSHIP 10142006 99020 999 (PROPERTY DESCRIPTION (TAX SUBDIVISIONS (MAP NUMHER CARD NO
C1TY OF JACKSONVILLE (SIX M[LE TR OFF SR 1206 RICHLANDS 'CWP 24 67,E E 1.
I I (RECORD N[1MBER:. 49467
• PO F30X 1213 INFW SETUP 1990 (ROUTE 8004165
JACKSONVILLE NC 28540 IDD OF E&R 7/23/92 N/ C (TEMP-931800 65 ILIS"IER:KI021605 - 5
DEBD:2679 1830067_02006 330000- 2 FIVE MLLE RD OFF SR 1206 IRBVIEW:HS011006
(TOPO IS'C'R6E'I' (UTILITY (ZONING 169.90 ACRES ~ NBHD
(LEVEL (PAVED IPIIBWATERI AP'CT:~2- AL 0833
I (LIGHT' ISEPT IC I NOTES:
I I IELECTRICI
Iulr.aNn ('i.a CC I CT']G'. lun CrnaTF`+F'RnIT*nDTU+nn.T =nn.TRnTG'*rrr,ir~rc-r nin_rrnrric
I
12171HWO0DLANDI F34.90AC1 20001 0. 85ACF1 I 1.700189.901 149330
1359KMARSFiWE'C 80.OOAC 110.001 O.SSACF 93.50180.001 7980
t
I
I LAND VALUE: 151810
I~FIOTHER FEAT I SIZE IBASERATE*COND
I - -- - ----- ----
I
I
I
10"LNER vALNE:
IL'NDATIONIXTRFNISHIROOFTYPE ROOFMTRLSLZE/QTY(
I I I I I I
I I I I I I
I I I I I I
WA LLFNSHIFLOORS II1 E: A'C&AIR HEATFCIEG I
I I I I I I
I I I I I I
I I I I I I
=ADJRATE * [1N I'CS=0Ff3 ~-VALUE
---
VACP.NT 0 I
kISTR[JCf[1RNISKTCH-SE*STH'C= AREA RATE*GRDF+HEAT+EXWL*WLH"C=ADJRAT* AREA= RPCN* DEPE*CNDF=STR-VALUE;
STRUCTURE VALUE:
0
VALUA'11ON VALUEIPRF,V-VAL.P-N, SALES-N': TOTAL. VALUE 15181.0
LAND I I I 1518101 1145501132$IUNQUALiFI I 920LV/AC
OTHEREEA'LI I I 01 I 1062020061 I
S"CRUC'CURE I I I 0 1 I 12679-183 I I
TOTAL I I I 1518101 ]19580113201 3300001 46ti1
APPRAISED-VALUE: 151810
Show-with Larger Font
-P~rc~3 3
http://maps.onslowcountync.gov/cgi-bin/onslow/CreatePRC_2.pll?recNum=49467 10/ l 6/2006

4
~'' /~ d
A ~' ~
'l~tjettf~sthstt~eret~ano ~ ~
other taxes which the Onslow County 7'a; ~ charge
with collecting, that are a lien oFY .
r
Pattxl identification Nttttt6et: ~ v ; t..~ ~ i
This is not a certification that this Onslow County Parcel
Lleuti}~Catian Numbec;iuatches this t~"ed t~seriptiott,
Taz CoJ~tions Staff Sipnaita~s Dai®

Doc ID: 001083670003 TVPe: CRP
Recorded: 06/20/2006 at 02:17:49 PM
Fee Amt: $680.00 Page 1 of 3
Excise Tax: $660.00
Onslow County, NC
Mildred M Thomas Register of Deeds
BK2679 PG183-185
T$1Cf Q~ FfCSCIItCt~ to
NOh"CII CAPnLINA f/~/~,~~
`~NARRANTY DEED
ONSI,O~,I' CULINTY Marcel ID# ~7 ~y G7
STAi'~IPS: $660.00 A d-z- ~^ '
Ti li:~ DEi;I:. r,rade and entered into this the _ ~j day t~f _ ~ ~~E _ , 20t)(~, by <<nd
bet~reen BRIAI~IL. •I'AYLOP and wife, ~IEL[SSA N. "I=~IYLOP. and JOHN W. TAYL01~ and ~~~ife, JOAC~' V.
"I'AYLUR, hereinafter rlefeCr/cd to as Grantor and THEGCITY OF JACKSONVILLE. a municipal body politic. of
~0. !,4 )( !~0 ~.1~'~-K.~NY~~~¢ /U.C• ~OS~~ .h~.CC'InaltLl"Ce~t~Cl~t'dCU
crs (~rtullee;
WITNESSETH:
'1'I-gat the (;cantor, for a valuable: consideration paid by the Grantee, the receipt o:` which is hereby
~krt->~~~ledged, has and by lltese prESents does grant, bargain, sell and convey unto the Grantee in fee simple.
'tl! that certain lot c)r parcel of land situated in f~ichlands Townshi ~. Unslo~~ Crrunt ~ ~I) ~ ~r- ,
E ~ .. ~ rth Carolrna and u1r~, c.
particularly descrihed as follc)~~~s:
~'~ tract containing 5~I ages, more or less, lying east of Secondary Road 120f~, west of
Secondary Road 120~I, north of Secondary Ponds 1203 and 120, southwest of Southwest
Creek, and on the oast side of "Three Thick Branch and Six Mile Sti-anlp, particularly dcscribe~d.
according to a survey and map by Jacob C. Shearin and L. S. Cotton entitled, "~~`.G. G~'APMACIi
`SIX MILE 'ChAC."T'°, as follows:
BEG[NNING at a point in Six Mile Swamp at the mouth of I oley Bridge Branch, a corner of
Intei'llatl~)nal Paper Company's llay-Wallace "r'ract. and rtu,s up the rt n of Six V1ile S~~-amp the
followi!1g ~~n cuut-sc~s and distances South 'r ~' W?st 1~9 :`e~~t~ th•.~nc~ ~-~~uti1 d3_ V/est 7(1 feet.
rh~~nce South 1=j` `~~'est 110 feet; thence Set:t1.1 1° ~~~'esi. _"_,'~' feet: thenr~~ South <1~1` West ll2
feel; thence Scum 2 ;` East 13~ feet; thence South '~ l ` West 72~ feet: thence South ~I4` West
1G3 feet: thence South r' 30' West 153 feet; thence South 35° Cast i~I2 feet to the: mouth of
"I~hree "hhick L'ranch, a corner of the lands of C. W. Surratt, Jr-.. thence up the run of Three
"hhick Branch the follo~~ ing eighteen courses and distances South I3° East 13f; feet: thence
South i3' East 127 feet thence South 39' East 209 feet; thence south 72° 30' East 7b feet
Henderson. Baxter, "Taylor & Gatchel, P.A.
__ _ Attorneys at La~~
Post Office Dra~~•er LI
3192) hew 1~ern, North Ca r~lin 285('3
No Title Exam

thence South 24° East 160 feet; thence South 8° East 97 feet; thence South 16° West 219 feet;
thence South 30° East 109 feet; thence South 52° East 110 feet; thence South 275 feet; th
South 15° West 66 feet; thence South 36° West 202 feet; thence South 5° East 84 feet; thence
South 31° West 154 feet; thence South 3° 30' West 125 feet; thence South 25° East 180 feet;
thence South 10° West 800 feet; thence South 42° 30' West 134 feet; thence leaving the branch
and running with the C. W. Surratt, Jr.'s lines the following four courses and distances: North 80°
East 1240 feet; thence North 2° 30' East 990 feet; thence North 80° 30' East 1518 feet; thence
North 20° 30' West 1892 feet to the south line of International Paper Company's Day-Wallace
Tract; thence with the said south line of said tract South 74° West 343 feet and thence North 75°
West 382 feet to Poley Bridge Branch; thence down and with the run of said branch, the west line
of said International Paper Company's land, the following thirteen courses and distances: North 23°
30' West 210 feet; thence North 16° East 71 feet; thence North 8° West 237 feet; thence North 51°
West 82 Feet; thence North 22° West 146 feet; thence North 57° West 93 feet; thence North 36°
West 205 feet; thence North 27° West 111 feet; thence North 54° West 165 feet; thence North 82°
West 222 feet; thence North 45° West 153 feet; thence North 28° West 75 feet; thence North 1°
East 118 Feet to the point of BEGINNING.
Copies of the Shearin and Cotton maps hereinabove referred to are attached to this Decree of
Registration as required by law. ,The courses in the above description are magnetic for 1967.
Expressly conveyed with the above tract are all mineral rights, rights of way, easements, and all
other appurtenances belonging to said W. G. Warmack, including, but not limited to, the mineral
rights, easements, and rights of way reserved from the property acquired by Onslow County in the
above-referenced Condemnation Proceeding recorded in Book 477, at Page 117, Onslow County
Registry, and Registered Estate Number 3, Book of Torrens 1, Page 15, Onslow County Registry..
The above described property is that same property as shown on that map for the City of
Jacksonville, recorded in Map Book 50, Page 135, Slide L-1233, Onslow County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple,
has the right to convey the same in fee simple, t!-lat title is marketable and free and clear of all
encumbrances, except any encumbrances or restrictions mentioned above, and that Grantor will warrant
and defend the title against the lawful claims of all persons whatsoever.
The designation Grantor and Grantee as used herein shall include all parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by
context.
•

IN ~b'I"I~NI/SS ~YIiCREO[~. the Granter has hereunto set th sir I " 1 - ~-
~ rants and adopted as their seals the
[ypc ~~~rittcn ~~ ord "SEAL" appearing after their signatures hereinbelow~ this the clay and year first above
wri tt~-n.
_ /
ti 1:.. 7.
z
J~
JC IIN ~V. "TAYLOR
~~
~IELIS~A N. "TAYLOP
;vi%R"f i l CAi~(ii,;iJ;~
~~~~ COUNTY
t ` %
/ '
JUAN V. 'TAYLOR',
I. l r _~-c.~-r ~ i V~,~ I ~~
a Notary Public of the Coturty and date aforesaid.
certify that LiRIANL. TAYLOR and wife, 1~'IELI~SA N. "TAYLOR personally appeared before me this dati~ and
acknowledged the due execution of the foregoing document.
~l~'TT~~~~~,ti~~n~-y;,l~and and notarial seal, this the c~ clay of ~~- , 2006.
-,°~~~CV C. Mi~~~s>~
-py
~ ~~:
NUT~,RY
- NOTARY PUI3LI,~
PUBLIC ~ .~7 , ~~ ~ .
iG'ly C~o~F.j~~ssion Expu-e~~~,.° C
~~~ ~~i y . `,w
r~~, pi~~ C~UN~ O~~os
NORTI I CAROLINA
t ".~-a-~1`P~ COUNTY
I• a Notary Public of the County and Male aforesaid,
certify that JOI i~~; W.t"h~~:~'L01: and ~~-ife. J%)AN V. ''A`r'LOR persona[l:: app~_~~_~red i_~ei~,re mr~ tlris da•, ~i:,cl
acknowledged tlu~ due cx~,cuticnr of the furcg~~i~rg document.
bVl„),;L~~}ir~,~rry hand anti notarial seal, ibis the clay of ~wr`~' , 2006.
~~~,o~`PGY C. M~~ ~~`
NOTApY ~
-_ __ NOTAP.Y PUI3I
PUBLI ~ ,.-~ ~ ~ ~
~Iy ~;r9~nission Cxp,~r`c~:
'% cc,~ ~y ~. ~`
•
3

NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
• SUPERIOR COURT DIVISION
ONSLOW COUNTY FILE NO.: 05-CVS- -
,i
CITY OF JACKSONVILLE,
Plaintiff,
vs.
Four Future Investments, LLC
1193 S. NC Highway 111
Chinquapin, North Carolina 28518
COMPLAINT, DECLARATION OF TAKING,
AND NOTICE OF DEPOSIT
Branch Banking and Trust Company
225 Hillsborough Street
Raleigh, North Carolina 27603
Onslow Tax Collector
39 Tallman Street
Jacksonville, NC 28540;
Defendants.
3-'c~t'~'C'~ ~ c"3.'~'
O'~3i O ~ ~ l 1'l
NOW COMES the City of Jacksonville, Plaintiff herein, and
for its cause of action says, alleges, and declares that:
1. The City of Jacksonville is a municipal corporation
organized and existing under the laws of the State of North
Carolina possessing the power, duties and authority, including
the power of eminent domain, vested in it by the General Assembly
of North Carolina under Chapter 40A of the North Carolina General
Statutes and Section 160A-240.1 of said Statutes.
2. All exhibits to this Complaint are specifically
incorporated herein by reference as fully as if set forth
verbatim. All further references to the Defendants in this action
are in the plural; however, such references to the Defendants or
to any other persons or entities in this action shall include the
•

singular as required, and in addition, the masculine, feminine or
. neuter gender, as appropriate.
3. Pursuant to the authority vested in the Plaintiff by the
provisions of Chapter 40A-3(b)(2) and Chapter 160A-311(3) of the
General Statutes of North Carolina, the governing body of the
City of Jacksonville has determined that it is necessary and in
the public interest to acquire by condemnation the entire parcel
of real property interest described in Exhibit "A", for the
public use and purpose set forth in Exhibit "B".
4. The following matters are set forth in Exhibit "A",
paragraph 1: a description of the entire tract or tracts of land
affected by the taking; paragraph 2: a statement of the property
interest taken; paragraph 3: a description of the area taken.
5. A certified copy of the official records of the
governing body of the Plaintiff which authorize this action is
set forth as Exhibit "C".
6. Pursuant to North Carolina General Statute 40A-45(c), a
plat showing the property taken and all additional areas as
necessary to determine compensation is attached as Exhibit "D".
7. Notice of the Plaintiff's intent to institute this
action was duly given to the Defendants: Four Future Investments,
LLC, Branch Banking and Trust Company, and Onslow Tax Collector,
at least thirty (30) days prior to filing the action,
in compliance with N.C.G.S. 40A-40. A copy of this
Notice is set forth as Exhibit "E".
• _ __

8. The Plaintiff is informed and believes, and therefore
. alleges upon information and belief, that those persons whose
names and addresses are set forth in Exhibit "F", paragraph 1
are, insofar as the same can by reasonable diligence be
ascertained, the only persons who may have or claim to have an
interest in the property described in Exhibit "A", paragraphs
2-3 and that these named persons are under no legal disability.
9. The Plaintiff is informed and believes, and alleges upon
information and belief, that the property described in Exhibit
"A", paragraphs 2-3, is, insofar as the same can by reasonable
diligence be ascertained, subject only to such liens and
encumbrances as may be set forth in Exhibit "G".
10. Plaintiff is informed and believes, and alleges upon
information and belief, that there are no buildings, structures
or permanent improvements located upon the areas to be acquired
and that a portion of the estimated just compensation set forth
in paragraph 15 of this Complaint represents the value of timber,
undergrowth or other obstruction located within the area to be
acquired because removal of the timber, undergrowth or other
obstruction would be inconsistent with the purpose for which the
property is being condemned and said timber, undergrowth or other
obstruction may not be removed by the defendants-owners pursuant
to G.S. 40A-9.
11. The real estate and interest sought to be acquired by
the Plaintiff is the fee simple title to the properties,
hereinafter more particularly described, for the purpose of a
wastewater collection, treatment and disposal systems.

•
12. The property and area described in Exhibit "A",
paragraphs 2-3, are hereby DECLARED TO BE TAKEN and condemned,
and title thereto, together with the right of immediate
possession, shall vest in the Plaintiff according to the
provisions of G.S. 40A-42.
13. The Plaintiff estimates the sum of $1,560,000 to be
•
just compensation for the taking of property and interest
described in Exhibit "A", paragraphs 2-3. The Plaintiff has this
date deposited this sum with the Clerk of Superior Court of
Onslow County, and the named Defendants in this paragraph may
apply to the Court for disbursement of such monies as full
compensation, or as a credit against just compensation, as may be
determined in this action.
WHEREFORE, as its prayer for relief in this action, the
Plaintiff respectfully prays that the Court:
1. Make a determination of just compensation for the
property interests taken in accordance with applicable law.
2. Grant such other and further relief as the Court may
deem appropriate. ,~
~~~~/
This the „!,`;~ day of December, 2005.
CI
ONVILLE
JOHN T / CARTE _,
I~C St~.te Bar No,! :7044
Jacl~sonville City Attorney
PO Box 128
Jacksonville, NC 28541
[phone]
•

•
NORTH CAROLINA
ONSLOW COUNTY
KEN HAGAN, being first duly sworn by and before the
undersigned Notary Public, says that the Plaintiff is a municipal
corporation of the State of North Carolina and that he is the
City Manager for the City of Jacksonville; that he has read the
foregoing Complaint, Declaration of Taking and Notice of Deposit,
and that the same is true to his own knowledge, except matters
stated therein on information and belief, and as to those
matters, he believes the same to be true.
//i, ~-% (SEAL)
I{~n Hag -/ City Manager
City of Jacksonville
•
SWORN TO AND SUBSCRIBED before me,
December, 2005.
.. ~
~ ~ ~~ !~ f
t ' ~i. ,.
//
/; 7 ,.'
My Commission Expires :+ ~,~(
this the .~r1 day of
~aa~ ~°~yy~~
.s ~4
~~ ~
~~~
~`~ ` ~S, ~
~' C( Fb
!`'~~.p tt .d'

EXIffBIT "A"
• 1. DESCRIPTION OF THE LAND AFFECTED:
• Tract 1: (apptnximately 694.7Q acres in Richlands Township, Onslow County; Tax Parcc136 Q)
$E~IG all of that 82S acre tract desrxibca as Tract 4 in a Deed recorded in Deed Book 426, Page 18,
Onslow County Registry, and being more pazti.culazly described as follows:
~EGINNIBG on Two Log Branch at the corner of Wiliidm
Pearce sixty-four acre grant, and running ther-ce North
52 degrees East 21.66 chains with >3uffy's line;
.thence North 1 degree West 16,36 chains; thence -
• North •80 degrees East 45 chains; thence South 67
degrees East 8.40 chains; thence Nart:h bl degrees
East 28.33 chains; thence South 4 degrees East 19
chains to a corner in three thicks; thence South
19 degrees iHest 7.50 chains; thence South 11.59 chains;
theACe leaving thethree thicks tSorth ?B degrees
• ~ East 19.9 chains; thence North 2 degrees and 30
minutes East 15 chains; thence North 77 degrees
and 30 minutes East 23 chains; thence North 23
degrees West 30 chains; thence North b7 degrees
and 3d minutes East 20 chains to Cow Bridge Branch;
thence South B7 degrees and 30 minutes East 24-1/2 chains
to a small branch; thence South 74 degrees and 30
minutes East 12_75 chains; thence South 59 degrees
East 15.27 chains; thence South 67 degrees and 45
minutes West 27.27 chaina•to Cow Bridge Branch;
thence down said branch south 59 degrees and 30
minutes East 5 chains to Little Farither Branch; thence
South 42 degrees and 30 minutes West Z2.4 chains
up little Panther Eranch; thence North b7 degrees
• West 13.34 chains; thence South 4.19 chains to the
J. F'. Cox corner; thence South with the ,7'. F. Cox
or Casper line to the golly Shelter road; thence
with said road Southwestwardly to the Lewis Cznady
grant; where it crosses said roads thence North
9 degrees and 5 minutes West 11.72 chains; thence
North $7 degrees and 30 minutes West 14.68 chains;
thence North 78 degrees West 5.83 chains; thence
North 37 East 52.12 chains crossing the Gurganus road;
thence South 7fi West 33.Ofi chains; thence North 1
degree and 30 minutes East 4 chains; thence North
67 degrees and 30 minutes west 12.50 chains; thence
Nortn ati aegrees ana 3u minutes west 8.50 chains;
thence South 37 degrees West 13..50 chains; thence
North 88 degrees West 4.85 chains; thence North 2 vv
degrees and. 30 minutes East 11.34 chains; thence
• North 87 degrees and 30 riinutes West 30.84 chains
to the Jasper Davis corner; thence with the Southern
line of the Jasper Davis tract to the run of Two Log
Branch; thence up the run of Two Log graneh to the
. beginning, containing 495 acres, mare or less.
_ ~ ~ --~ ~ ~ ~ ~~-- . ~ Book:2540,Page:311

EXHIBIT "A" CONTIIY[JED
. ~ Tract 1(contis,ued)
SAVE AND EXCEPT that 150 acre tract conveyed to W.B. Venters and R.V. Venters by J.S. Cax and
Caroline Cox by Deed recorded in Deed Book 121, Page 160, Onslow County Registry.
ALSO SAVE AND IXCEPT ali tracts conveyed out of this pazcel by H.M. Price and wife Edith S.
Price. Tracts conveyed oat include the following:
,~ Tax Parse! No.36-9.1 (See Deed Book 1023, Pase 723; now owned by Jolst- R Arthur and Ai~ka A.
Arthur}
,kr. Tax Parcel No. 35-9.2 (See Deed Book 1561, Page 939; now owned by Charles Gregory Blake)
,p! Tax Parcel No. 36-93 {See Deed Book 1051, Page 99; now owned by Kenneth W. Bass and
Michello K Bass)
,,~ Tax Parcel No. 36-9.4 (See Deed Book 1498, Page 545; now owned by Dennis R Sprouse and
St~ac~on Sprouse)
,.x' Tax Parcel No. 3b-9.5 (See Deed Hook 1126. Page 936; now owned by Ricky W. Davis and Elaine
F. Davis)
Tax Parcel No. 36-9.6 See Deed Book 10 3, Page 693; now owned by Selma Bass)
~! Tax Parcel Nos. 36-9.~4, `i'5,~,"1'7 and'i8 (Sec Deed Book 1158, Pege 545; now owned by Stanley
R James}
,.li. Tax Parse! No. 36=9.26 (See Deed Book 1718, Page 774; now owned by Terry A. Decker and
Nadene Sue Tucker}
„i! Tax Parcel No. 3fr9.27 {See Deed Book 486, Page 103; now owned by Lee Van Lue)
Tract 2: (approximately 3.24.65 acres in Richlands Township, Onslow County; Tax Parcel No. 24.66)
. ~- BEING all of that 121 acre tract descn'bed as Tract 27 in a Deed recorded in Deed Book 356, Page 307,
Onslow County Registry.
SAVE AND EXCEPT alI tracts conveyed out of this parcel by H.M. Frice and wife, Edith S. Price:
Tracts conveyed out include the follou~ng:
,,~ Tax Parcel No. 24-66.1 (See Deed Book 1333, Page 576; now owned by Steven E. Prescott and
Nancy K Prescott
Tax Parcel No. 24-66.3 (See Deed Book 1085, Page 389; now owned by Kenneth B. Smith and
~amela H. Smith}
Tax Parcel ldo. 2466.4 (See Deed Book 1089, Page 568; now owned by Kenneth B. Smith and
Pamela A Smith)
,Tax Parcel No. 246.5 (See Deed Book 1470, Page 30; now owned by Daniel L. Beblo and Karen
TG Beblo) -
r
Hoox:25G0,Page:311

• EXHIBIT "A" CONTINUED
2. STATEMENT OF THE PROPERTY INTEREST TAKEN:
Fee simple title to the properties, hereinafter more
particularly described, for the purpose of a wastewater
collection, treatment and disposal systems

•

'M
•
•
•
E~~TT "A" CONTINUED
3. DESCRIPTION OF AREA TAKEN:
Tract 1: (approximaUely 694.70 acres in Richlands Township, Qnslow County, Tax Parcel 36 9)
$1~riIG a}1 of that 825 acre tract described as Tract 4 in a Deed recorded in Deets Book 426, Page 18,
Onslow County Registry, and being more particularly described as follows;
,~EGINDTING on Two Log Branch at the corner of Williata
Pearce sixty-four acre grant, and running thence Diorth
fs2 degrees East 21.65 chains with Duffy`s lin e;
.thence North 1 degree West 16.36 chains; thence
North •80 degrees East 45 chains; thence South 67
degrees Eaat B.40 chains; thence North b1 degrees
Eamt 28.33 chains; thence South 4 degrees East 19
chains td a corner in three thicks; thence South
i9 degrees TNest 7.50 chains; thence South I1.59 chainar
thence leaving the three thicks t3orth 78 degrees
Last 19.9 chains; thence North 2 degrees and 30
minutes East 15 chains; thence North 77 degrees •
and 30 minutes East 23 chains; thence North 23
degrees Tnfest 30 chains; thence North 67 degrees
and 30 minutes East 20 chains to Cow Bridge Branch;
thence South B7 degrees and 30 minutes East 24-1/2 chains
to a small branch; thence South 74 degrees and 30
minutes East 12.75 chains; thence Scsuth 59 degrees
East 15.27 chainsr thence South 67 degrees and 45
minutes West 27.2? ehaina•to Cow Bridge Branch;
thence down said branch South 59 degrees and 30
minutes East 5 chains to Little Farither Branch; thence
South 42 degrees and 3d minutes west 22.4 chains
up Iitfile Panther Branch; thence North ~? degrees
West 13.34 cha~,ns; thence South 4.19 chains to the
J. F. Cox corner; thence South with the J. F. Cox
or Cooper line to the Holly Shelter road; thence
with said road Southwestwardly to the Lewin C,anady
grant; where it crosses said road= thence North
9 degrees and 5 minutes West 11.?Z chains; thence
North 87 degrees and 30 minutes West 14.68 chains;
thence North 76 degrees West 5.83 cl-iains; thence
1Qorth 37 East 52.12 chains crossing the Gurganus road;
thence South 7fi West 33.06 chains; thence North 1
degree:.and 3D minutes East 4 chains; thence North
67 degrees and 30 minutes West 12.50 chains; thence
Harrn bb aegrees suet 3U minutes west 8.50 chains;
thence South 37 degrees West 13..50 chains; thence
North 88 degrees West 4.85 chains; thence North 2 ~r
degrees and. 30 minutes East 11.34 chains; thence
North 87 degrees and 30 eainntes West 30.8[3 chains
to the Jasper Davis corner; thence with the Southern
line of the Jasper Davis tract to the run of Two Log
Branch; thence up the run of Two Lag Branch to the
beginning, containing 995 acres, mare or less.
Book:2540,Page:311

EXHIBIT "A" CONTINUED
• Tract 1(cantisrued)
SAVE AND EXCEPT that 150 acre tract conveyed to W.B. Venters and R.V. Venters by J.S. Cax and
Caroline Cox by Deed recorded in Deed Book 1 Z 1, Page 160, Ons(ow County Rtgistry.
ALSO SAVE AND 1~CEPT all tracts conveyed out of this parcel by H.M. Price and wife, Edith S.
Price. Tracts conveyed oat include the foIIowircg:
,~ 'fax Parcel No. 36-9.1 (See Deed Book 1 fl23, Page 723; now owned by John R Arthur and A~7cn A
Arthur}
..k Tax Parcel No. 36-92 (See Deed Book 1561, Page 939; now owned by Charles Gregory Blake)
,p! Tax Parcel No.36-93 (See Deed Book l OGI, Page 99; now owned by Kenneth W. Bass and
Michelle K Bess)
~.' Tax Farrel No. 36-9.4 (Sea Deed Baok 1498, Page 545; now owned by De~unis R Spmonse and
Sharon Sprouse)
,,~c: Tax Parcel No. 3b-9S (See Deed Boak 1126, Page 936; now owned by Ricky W. Davis mid Elaine
F. Davis)
,.£~Tax Parcel No. 36-9.6~ ~D~e~ed Book 1~3, Page 693; now owned by Selma Bass)
Tax Parcel Nas. 36-9; 4, 5, 6, 7 aad 8 (see Deed Book 1158, Page 345; now owned by Stanley
R. James)
vl"i Tax Parcel No. 36-9.26 (See Deed Book 1718, Page 774; now owned by Terry A. Decker and
Nsdene Sue Tucker)
„t! Tax Parcel No. 3fr9.27 (See Deed Book 985, Page 1133; now owned by Lee V an Lue)
Tract 2: (approximately 124.65 acres ;n Richlands Township, Onslow County; Tax Parcel No. 24.6b}
'- BEING all of that i21 acre tract desen'bed as Tract 27 in a Deed recorded in Deed Book 356, Page 307,
Dnslow County Registry.
SAVE AND EXCEPT all tracts conveyed out of this parcel by H.M. Price and wifie, Edith S. Price.
Tracts conveyed out include the following: -
,,~ Tax Parcel No. 24-66.1 (See Deed Book 1333, Page 576; now owned by Steven E. Prescott and
Nancy K Prescott
~! Tax Parcel No. 24-66.3 (See Deed Book I085, Pagc 384; naw owned by Ks~aneth B. Smith and
amcla H. Smith)
Tax Patcd Na. 24-66.4 (See bid Book 1084, Page Sb8; now owned by Kenneth B. Smtth and
Pamel$ H. Smith)
,Tax Parcel No. ?A-66,5 (See Deed Book 1470, Page 30; naw owned by Daniel L. Beblo sad Karen
K. Beblo) -
v
--
BooZ:2540,Page:311

•
EXHIBIT "B"
STATEMENT OF PUBLIC USE AND PURPOSE:
To promote the public health, to provide the public with an
adequate and sound sewage collection and disposal system, and
to enlarge and improve such system to meet the need for an
expanded or upgraded wastewater collection, treatment and
disposal systems.
;7

513.
EXHIBIT "C"
RESOL[JT10N (2005-48)
RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE
FEE SIMPLE TITLE TO THE PROPERTY
REFERRED TO HEREIN
WHEREAS, the governing body of the City of Jacksonville, North Carolina
hereby determines that in order to provide for a wastewater collection, treatment and
disposal system, it is necessary and in the public interest to acquire title to the certain real
property listed below for the public purpose of expanding its land treatment site which
collects, treats and disposes of wastewater; and
WHEREAS, the property described herein is titled in the name of:
Four Future Investments, LLC
1193 S. NC Highway 111
Chinquapin, North Carolina 28518
WHEREAS, it is improbable and unlikely that the City of Jacksonville will be
able to acquire by conveyance fee simple title to the subject property by negotiated
conveyance.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF
THE CITY OF JACKSONVILLE, THAT:
The City of Jacksonville shall acquire by eminent domain for the purposes
stated above, the property and interest of:
Four Future Investments, LLC
1193 S. NC Highway 111
Chinquapin, North Carolina 28518
Branch Banking and Trust Company
225 Hillsborough Street
Raleigh, North Carolina 27603
Onslow Tax Collector
39 Tallman Street
Jacksonville, NC 28540;
and described as follows:
a. Fee simple title to the property described on Exhibit "A" attached
hereto for the purpose of a wastewater collection, treatment and
disposal systems.
2. Because the removal of timber would be inconsistent with the purpose for
which the property is being condemned, the attorney representing the City
of Jacksonville is instructed to not allow said timber to be removed by the
owners pursuant to North Carolina General Statute 40A-9 when filing the
condemnation action.
3. The attomey representing the City of Jacksonville is authorized and
directed to institute the necessary proceedings under Chapter 40-A of the
North Cazolina General Statutes to acgitire the property herein as
described below:
•

514
PROPERTY OWNER DEED REFERENCE
Four Future Investments, LLC Onslow County Registry
1193 S. NC Highway 111 Deed Book 2540 Page 31 l
Chinquapin, North Carolina 28518
Branch Banking and Trust Company Onslow County Registry
225 Hillsborough Street Deed Book 2540 Page 316
Raleigh, North Carolina 27603
Onslow Tax Collector
39 Tallman Street
Jacksonville, NC 28540; and
Adopted by the Jacksonville City Council in regular session this 9~' day of
November, 2005.
ATTEST:
Carmen K. Miracle, City Clerk
'' /J /
._ L~[ iW - .~P~~ I G=am f~-"~
/ J B. Slagle, Mayor
`-~-----CKS ~~~~'~ i 70 BE A
~~.~`~ JP 0~,,'<,,f CERTIFIED
~`~ O L~ '~. TRUE AND CORREC 1`
"V ~~,~NV ~~$,~~ ~'~~~% COPY OF THE CITY OF NA
RTH CAR
~ -. ~ = JACKSONVILLE, NO
O~
t~~9N~+Yd~~
rn`
.,,~Gr.~...~-o,,,,, ~--
~'''~a~H~ iA~`'~~,
i

EXfID;PI' "q^
•
i
Tract 1: (apFcomnspell' 694.70 acres in Richlands Township. Ossiow County; Tax Panx136 4)
BIING all of that 825 acre flea descn'bed as Tract 4 in a Deed nxonied in Deed Book 426, Page 18,
O»slovr Coungr Regisnp, and being more partiwlazly described as f°Qows:
~ °n T~"O Log Branch at the corner of William
Pearce sixty-four acre grant, and ranning thence North
62 degrees East 21.66 chains with Dnffy'a lines
.thence North 1 degree West 16.36 chainst thence
North '80 degsees Bast 45 chains; thence 6outh 67
degrees East 8.40 chains; thence Borth 61 degrees
Sant 28.33 chains; thence South 4 degrees East 19
chains to a earner in three thicJcnt thence South
19 degrees West 7.50 chains; thence South ],]„ 59 cbainat
thence leaving the•tbxee thicks North 78 degrees
• East 19.9 chains; thence North 2 degrees and 30
minutes East 15 chains; thence North 77 degrees
and 30 minutes Bast 23 chains; thence North 23
degrees West 30 chaise; thence North 67 degrees
and 30 minutes East ZO chains to Cow Bridge Hranehr
thence South 87 degrees and 30 minutes East 24-1/2 chains
to a small branch; thence South 74-degreea and 3Q
minntea Bast 22.75 chains; thence South 59 degrees
East 15.27 chaises thence South 67 degrees and 45
minntes West 27.27 chaine-to cow Bridge Branch;
thence down said branch South 59 degrees and 30
minutes East 5 chains to Little Panther 73rancht theaae
South 42 degrees and 30 minutes Weat 22.4 chains
up little Hanthes 8ranchs thence North fi7 degrees
West 13.34 chainst thence South 4.19 Chains to the
J. F. Cax corners thence South with the d. F. Cox
or Cooper line to the golly Shelter road; thence
with said road 8outhwestwardly to the Lewin Canady
grant; where it crosses said roads thence North
9 degrees and 5 minutes West 11.72 chainst thence
North 87 degrees and 30 minutes West 14.68 chainst
thenoe North 78 degrees West 5.83 chains) thence
North 37 Sast 52.12 chains crossing the Gurganus roads
thence South 76 Weat 33.06 chainst thence North 1
degraeaand 30 minutes Eaat 4 chains; thence North
67 degrees and 30 minutes West 12.50 chainst thence
boron bb cegrees ana 3u minutes west 8,50 chainst
thence South 37 degrees West 13..50 chainst thence
North B8 degrees W®st 4.85 chains: thence North 2
degrees and. 30 minutes Bast 11.34 chains; thence
9orth 87 degrees and 30 minutes West 30.80 chains
to the Jasper 1)avia corners thence with the Southern
line of the Jasper Davis tract to the run of Two Log
.Hranehr thence up the run of Two Log Branch to the
beginning, containing 995 acres, more or less,
aook:2sao,reyr:ass
•

EXHIBIT "A" CONTINUED
Tract 1(continual)
516
SAVE AND EXCEPT' that 150 acre Uact conveyed to W.B. Venters end R.V. Neuters by I.S. Cox aad
Caroline Cax by Decd teeordcd in Deed Hook 121, Page 160, Onslow County RegisRy.
ALSO SAVE AND EXCEPT all tracts conveyed out of this percol by H.M. Price and wife, Edith S.
Puce. Tracts oonveyed out include the folIowi~:
„ec Tax Parcel Na 36-9.1 (Sae heed Book 1023, Page 723; now owned by john R Arthur and Ailro A.
Arthur)
,.6c Tax Parcel No. 36-9.2 (See Deed Book 1561, Page 939; now owned by Charles Gregory Blake)
,~ Tax Parcel No. 36-93 (See Deal Book 1061, Page 99; now owned by Kenneth W. Base and
Micholle K. Bass)
..~' Tax Para! Na 36-9.4 (Sea Deed Book 1498, Page: 545; now owned by Dwnis R Sprouse end
5haroa Sprouse)
,~t! Taz Parcel No. 3695 (See Deed Book t 126, Page 936; now awned by Ricky W. Davis and Elaine
P. Davis)
,i/Tax Parcel No. 3ti-9.65 Deed Book 10y3, Page 693; now owned by Selma Bass)
~.' Tax Parcel Nos. 36-9: 4, 5, ~,'ir7 and 8 (See Deed Book 1158. Pego 345; zmvr owned by 3tanky
R James)
~ Tax Petcd No. 3Er9.26 (See Deal Book 1718, Page 774; now owned bq Terry A. Dader cad
Nadine Sue Tucker)
,~ T®r Parcel Na 36-9.27 (See Deed Book 986, Page ID3; now owneII by Leo Vatt Lae)
Tract 2: (approximately 124.65 acres ht Richlands Township, Onslow County; Tax Peroel No. 24.66}
'~ BEINt3 aU of that 121 sere tract described as Tract 27 in a Deed recorded in Deed Book 356, Page 307,
Onslow County Registry
SAVE AND E3CCEPT all tracts conveyed out of this parcel by H.Ia[. Price and wife, Edith S. Price;
Ttects conveyed out include the following:
„~ Tex Parcel No_ ?A-66.1 (See Deed Hook 1333, Page 576; now owtte~ by Steven E. Pt~esoott and
Nancy R. Prescott
~C Tmc Parcel No. 24-66.3 (Sea Deed Book 1085, Page 389; now owned by ICtaaeth B. Smith mtd
~e1n EL Smith) .
Tax Paced No. 7A-66.4 (See Deed Book 1089, Page 568; now ownai by Ke4nesh B. Smith and
Pamela fL Smith)
y~Tax Pared Na ?A-66.5 (See Deal Book 1470, Page 30; now owned by Dames L. Babb and Karrn
K. Beblo)
v
aoe]c:25GO,Page:311
•

Exhibit ` `D"
Said plat to be filed pursuant to North Carolina General Statutes
Section 40A-45.

•

EXHIBIT "E"
• November 16, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NOTICE OF CONDEMNATION
TO:
S. Shane Kennedy
Registered Agent
Four Future Investments, LLC
1193 S. NC Highway 111
Chinquapin, North Carolina 28518
C T Corporation System
Registered Agent
Branch Banking and Trust Company
225 Hillsborough Street
Raleigh, North Carolina 27603
Onslow Tax Collector
39 Tallman Street
Jacksonville, NC 28540
This letter shall serve as official NOTICE OF ACTION under Chapter
40A-40 of the Iv'orth Carolina General Statutes that the City of Jacksonville intends to
institute condemnation proceedings to acquire the property described below in which you
have or claim an interest.
The purpose for which the property is being condemned is for
the purpose of a wastewater collection, treatment and disposal systems.
The property and interest being condemned is described as follows:
Fee simple title to the property described on Exhibit "A" attached hereto for the purpose
of a wastewater collection, treatment and disposal systems.
The City of Jacksonville, as a result of an independent appraisal, has estimated the
sum of $ 1,560,000 to be just compensation for the described property, which includes
a value for present timber on said property.
•

The City intends to file an action in condemnation to acquire the property on or
about December 30, 2005. This notice, required under G.S. 40A-40, does not constitute a
taking or condemnation of property and no taking will occur until condemnation
proceedings are actually instituted. Unforeseen circumstances may delay or preclude the
institution of a condemnation action and the exercise of possession over the property.
If you have any questions, you inay wish to contact the undersigned at the address
and telephone number set forth below. Your assistance and cooperation will be greatly
appreciated.
Sincerely,
~~ 't
1
Jd .Carter, Jr.
Jacksonville City Attorney
City of Jacksonville
Post Office Box 128
Jacksonville, North Carolina 28541
910-938-5018
•
•

EXI~IT :'A.:
• • Tract 1: (agprox~ly 694.7Q acres in Richlands Township, Qaslow County; Tax Parce136 9
BEING all of that 825 aaz tract deseslbed as Tract 4 in a Deed recorded in Deed Bonk 426, Page 18,
4nslow Coumy Registry, and being more particularly described as follows;
~EGIIa~7ING on Two ?,ag Branch at the corner of Williaat
Pearce sixty-four acre grant, and running thence biorth
62 degrees East 21.66 chains with s3uffy`s line;
.thence North 1 degree West 16,36 chains; thence
• North •80 degrees East 45 chains; thence South 67
degrees East B.4Q chains; thence Nrxrth bl degrees
East 28.33 chains; thence South 4 degrees East 19
chains to a corner in three thicks; thence South
i9 degrees TRest 7.5a chains; thence South 11.59 chainar
thence leaving the three thicks North 7B degrees
• East 19.9 chains; thence North 2 degrees and 30
minutes East 15 chains; thence North ?7 degrees
• and 3d minutes East 23 chains; thence North 23
degrees Went 39 chains; thence North 67 degrees
and 30 minutes East 20 chains to Cow Bridge stanch;
thence South B7 degrees and 30 minutes East 24-1/2 chains
to a small branch; thence South 74~ degrees and 30
minutes East 12.75 chains; thence South 59 degrees
East 15.27 chains; thence Sauth 67 degrees and 45
atinutes West 27.2? chaina•to Cow Bridge Branch;
thence down said branch South 59 degrees and 30
minutes East 5 chains to Little Panther Branch; thence
South 42 degrees and 3(7 minutes West 22.4 chains
up little Panther Branch; thence Nox•th 67 degrees
• West 13.34 chains; thence South 4.19 chains to the
J, F. Cox corner; thence South with the J'. F. Cox
ar Cowper line to the Holly Shelter xaad; thence
with said road Southwestwardly to the Lewis Canady
grant; where it crosses said road= thence North
9 degrees acrd 5 minutes west 11.72 chains; thence
hiorth 87 degrees and 3Q tainutes West I4.fiB chains;
thence NQrt_h 7B degrees, West 5.83 chains; thence
North 37 East 52.12 chains crossing the Gurganus road;
thence South 7b West 33.D'6 chains; thence North 1
degreer.and 30 minutes East 4 chai.n9; thence fiorth
6? degrees and 30 minutes West 12.50 chains; thence
Moran lsti csegrees ana 3t1 minutes west 8.50 ohains;
thence south 37 degrees West 13..50 chains; thence
bTorth B8 degrees West 4.85 chains; thence North 2 ~r
degrees an d. 30 urinates East 11.34 chains; thence
• North 8? degrees and 90 sainutes west 30.80 chains
to the Jasper Davis corner; thence with the Southern
line of the Jasper Davis tract to the run of Two Log
Branch; thence up the run of Two Log Branch to the
beginning, containing 995 acres, mare or less.
- - ~ --~ - .. .-- . - Sock:2540,Page:311

EXHIBIT `~A" CONTINUED
Tract 1(coutinued}
SAVE AND EXCEPT thaz 150 acre tract conveyed to W.B. Venters and RV. Venters by J.S. Cax and
Caroline Cox by Deed recorded in Deed Book 121, Page 160, Onslow County Rtgistry.
ALSO SAVE AND IXCEPT all tracts conveyed out of this parcel by H.M. Price and wife Edith S.
Price. Tracts conveyed oat include the following:
,~ Tax Parse! No. 36-9.1 (See Deed Book 1023, Page 723; now owned by John R Arthur and A~7co A.
Arthur)
,b: Tax Parcel No. 36-42 (See Deed Book 1561, Page 939; now owned by C1mrles Cac$ary Blake)
,p! Tax Parse] No. 36-93 {See Deed Book 1061, Page 99; now owned by Kenneth W. Hass and
Michelle K. Bass)
~.~' Tax Parcel No. 36-9.4 (See Deed Book 1498, Page 545; now owned by Dennis R Sprouse and
Sharon Sprouse)
,~: Tax Parcel No. 3b-9.5 (See Deed Book 1126, Page 936; now owned by Ricky W_ Davis and Elaine
F. Davis)
,f~Tax Parcel No. 36-9.6 Sea Deed Boot:1 3, Page 693; now awned by Selma Bass)
~! Tax Parcel Nos. 36-9.~4, `1~5,'36,"~7 aad'i8 (See Deed Book 1158, Page 545; now owned by Stanley
R James)
v~ Tax Patcel Na. 36=926 (See Deed Sook 1718, Page 774; aow owned by Terry A. Decker and
Nadene Sue Tucker)
„t~ Tax Parcel No. 36-9.27 {See Deed Book 986, Page 103; now owned by Lee Van Lue)
Tract 2: (approximately 124.65 acres in Richlands Township, Onslow County; Tax Parcel Na. 24.66)
•~ BEING all of that 121 acre tract descn'bed as Tnict 27 in a Deed recorded in Deed Book 356, Page 307,
Onslow County Regisriy
SAVE AND EXCEPT alI tracts conveyed out of this parcel by H.M. Priee and wife, Edith S. Price.
Tracts conveyed at:t include the following:
,,~ Tax Parcel No_ 24-66.1 (See Deed Book 1333, Page 576; now owned by Steven E Prescott and
Nancy K Prescott
Tax Parcel No. 24-66.3 (See Deed Book 1085, Page 3$9; now owned by K,eaneth B. Smith and
)Pamela fL Smith) _
Tax Parcel No. 24-66.4 (See Deed Book 1089, Page 568; now owned by Kenneth B. Smith and
Pamela H. Smitb)
,Tax Parcel Na 24-66.5 (See Deed Book 1470, Page 30; now owned by Daniel L. Heblo and Karen
K. Bcblo)
r
BooY.:25C0,Page:311

•
•
NAMES OF PERSONS WITH
INTERESTS IN THE PROPERTY:
Four Future Investments, LLC
Branch Banking and Trust Company
Onslow Tax Collector
EXHIBIT "F"
ADDRESSES:
1193 S. NC Highway 111
Chinquapin, North Carolina 28518
225 Hillsborough Street
Raleigh, North Carolina 27603
39 Tallman Street
Jacksonville, NC 28540
C J

EXHIBIT "G"
LIENS AND OTHER ENCUMBRANCES ON THE PROPERTY:
Deed of Trust to Branch Banking & Trust Company in the amount of
$1,720,000.00, recorded on October 20, 2005 in Book 2540, Page
316-322, Onslow County Registry
2005 Onslow County Ad Valorem taxes and deferred taxes owed to
Onslow County
•
•

Onslow County, NC Property Record Card
Page I of I
OWNERSH CP ].0142006 99020 999 (PROPERTY DF,SCRIPTION I'IAX SUBDTVIS EONS (MAP tJUMBER CARD NO
CI CY OF JACKSONVILLE S W CRH.EK & STEWARTS (JACKSONVILLE TWP 1315 60,E E 1
IOSC/S2810 I (RECORD NUMEER 27501
PO BOX 128 IDISPDTF E VENTERS/V VENTERS I IROUIE 30601414
JACKSONVILLE NC 28541 IRS/FlEAR SW CRK & STEWARTS R (TEMP-433709 27. ILISTER:TH032905 - S
DEED:2005 0009082005 - 2I RAYNOR AVE OFF' SR 1134 I IREVIEW:TH121905
ITOPO IS'CREET 1U'PILLTY IZONCNG L84.40 ACRES NBHD
II,EVEL (PAVED IPUBWALERI AFCT:2- AL 3060
I I (ELECTRIC( NOTES:
I
INii Tnlli ILtGHT I I
rincc I C!]c 1[]/iCCOlilf.~.FM [~~1'i *~1D I'[J *t. lll'_
tf llT n1'C AITTC IAlll-\/fit tlF
I
12171FWOODLANDI 124.40AC 15001 0.85ACF1 I 1275124.901 158610
13159KMARSHWET 60.OOAC1 110.001 0.85ACF1 193.50160.001 5610
I
I
I
(LAND VALUE: 164220
--------------- ----------- -----
IItIOTHER FEA'C I SI'L F, (BASF,RATE*CONU =ADJRATE*UNITS=0F8-VALUE
I
I
I
l O'CHER VALUE: 0
I FNDA"CIONIXTRFNISHIROOFTYPF.I ROOFMTRLI.S I'L F,/QTY(
I I I I I I
I I I I I I
I I I I I I
WALLFNSHIFLOORS IHEA"C&ATRIHEA'I'FOELI I
I I I I I I
I I I I I I
I I I I I I
I
VACAN'C 0 I
I
RISTRUCTUREISKTCH SF*STHT~= AREA RATE*GRDF+HEAT+EXWL*WLHT=ADJRA'C* AREA= RPCN* DEPF*CNDF=S'CR-VALUE
S'CRUCTURE VALUE:
VALCIATIONI VALUEPREV-VAL.IP-N'; I TOTAL VALUE 164220
LAND I I I 16427.01 11196011951 I I 890 L'J/AC
oTHERFEATI I I OI I I I I
STRUCTOREI I I 01 I I I I
"TOTAL I I I 1692201 11196011451 I I
APPRAISED-VALUE: 169220
Show with Larger_Font

http://maps.onslowcountync.gov/cgi-bin/onslow/CreatePRC_2.p11?recNum=2750 I 10/ 16/2006

NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
. ONSLOW COUNTY - c _~ ~: ~ ~ • ; FILE N~~ .: O 5 ("~/S - ,~ ~ _,
'~_ ~.
~~~ ,~r4Y~ ~ ~ z~
CITY OF JACKSONVILLE, ~.~ .l:`='ir~~ ~(
Plaintiff,
vs . COi'[PLAINT, DECLAR\TION OF TAKING,
ADT:~ ~7OTIC ; '~F DEPJ~'ZT
W. Victor Venters, II and wife, Jane Venters;
George C. Venters and wife, Nickye Venters;
E. Jerome Venters and wife, Phyllis Venters;
Onslow Tax Collector; and any and all other undesignated
beneficiaries and their successors in interest of Lot 4 of the
" Division of a Part of Estate of George Simmons (Deceased)" and
described in a complaint, report of commissioners, and decree
accepting said report recorded in Onslow County Special
Proceedings Minute Docket Book 9 at Page 43,
Defendants.
NOW COMES the City of Jacksonville, Plaintiff herein, and for
its cause of action says, alleges, and declares that:
• 1. The City of Jacksonville is a municipal corporation
organized and existing under the laws of the State of North
Carolina possessing the power, duties and authority, including the
power of eminent domain, vested in it by the General Assembly of
North Carolina under Chapter 40A of the North Carolina General
Statutes and Section 160A-240.1 of said Statutes.
2. All exhibits to this Complaint are specifically
incorporated herein by reference as fully as if set forth verbatim.
All further references to the Defendants in this action are in the
plural; however, such references to the Defendants or to any other
persons or entities in this action shall include the singular as
required, and in addition, the masculine, feminine or neuter
gender, as appropriate.

3. Pursuant to the authority vested in the Plaintiff by the
• provisions of Chapter 40A-3 (b) (2) and Chapter 160A-311 (3) of the
General Statutes of North Carolina, the governing body of the City
of Jacksonville has determined that it is necessary and in the
public interest to acquire by condemnation the entire parcel of
real property interest described in Exhibit "A", for the public use
and purpose set forth in Exhibit "B".
4. The following matters are set forth in Exhibit "A",
paragraph 1: a description of the entire tract or tracts of land
affected by the taking; paragraph 2: a statement of the property
interest taken; paragraph 3: a description of the area taken.
5. A certified copy of the official records of the governing
body of the Plaintiff which authorize this action is set forth as
• Exhibit "C".
6. Pursuant to North Carolina General Statute 40A-45(c), a
plat showing the property taken and all additional areas as
necessary to determine compensation is attached as Exhibit "D".
7. Notice of the Plaintiff's intent to institute this
action was duly given to the Defendants, W. Victor Venters, II
and wife, Jane Venters; George C. Venters and wife, Nickye
Venters; E. Jerome Venters and wife, Phyllis Venters; and Onslow
Tax Collector, at least thirty (30) days prior to filing the
action, in compliance with N.C.G.S. 40A-40. A copy of this
Notice is set forth as Exhibit "E".
8. The Plaintiff is informed and believes, and therefore
. alleges upon information and belief, that those persons whose names

and addresses are set forth in Exhibit "F", paragraph 1 are,
insofar as the same can by reasonable diligence be ascertained, the
only persons who may have or claim to have an interest in the
property described in Exhibit "A", paragraph 1 and 3, and that
these named persons are under no legal disability.
9. The Plaintiff is informed and believes, and alleges upon
information and belief, that the property described in Exhibit "A",
paragraph 1, is, insofar as the same can by reasonable diligence be
ascertained, subject only to such liens and encumbrances as may be
set forth in Exhibit "G".
10. Plaintiff is informed and believes, and alleges upon
information and belief, that there are no buildings, structures or
permanent improvements located upon the areas to be acquired and
that a portion of estimated just compensation set forth in
paragraph 15 of this Complaint represents the value of any trees or
undergrowth or other obstruction, if any, located within the area
to be acquired.
11. The real estate and interest sought to be acquired by the
Plaintiff is the fee simple title to the properties, hereinafter
more particularly described, for the purpose of a wastewater
collection, treatment and disposal systems.
12. The property and area described in Exhibit "A", paragraphs
2 and 3, are hereby DECLARED TO BE TAKEN and condemned, together
with the right of immediate possession, shall vest in the Plaintiff
according to the provisions of G.S. 40A-42.
• 13. The Plaintiff estimates the sum of $381,000 to be just
compensation for the area described in Exhibit "A", paragraphs 2

• and 3. The Plaintiff has this date deposited this sum with the
Clerk of Superior Court of Onslow County, and the named Defendant
in this paragraph may apply to the Court for disbursement of such
monies as full compensation, or as a credit against just
compensation, as may be determined in this action.
WHEREFORE, as its prayer for relief in this action, the
Plaintiff respectfully prays that the Court:
1. Make a determination of just compensation for the property
interests taken in accordance with applicable law.
2. Grant such other and further relief as the Court may deem
appropriate.
This the day of September, 2005.
•
CITY OF JACKSONVILLE
JO,~ T C ER, JR.
~ac~sonville City Attorney
O Box 128
Jacksonville, NC 28541
[phone]
NC State Bar No.: 7044
•

•
NORTH CAROLINA
ONSLOW COUNTY
KEN HAGAN, being first duly sworn by and before the
undersigned Notary Public, says that the Plaintiff is a municipal
corporation of the State of North Carolina and that he is the City
Manager for the City of Jacksonville; that he has read the
foregoing Complaint, Declaration of Taking and Notice of Deposit,
and that the same is true to his own knowledge, except matters
stated therein on information and belief, and as to those matters,
he believes the same to be true.
~ ~" (SEAL )
Ken. Hagan. City Manager
City of Jacksonville
•
•
SWORN TO AND SUBSCRIBED before me, this the ,~ day of
September, 2005. ~~ Q
n r /
My Commission Expires: - G
,~.. ,vuyyih ~~~
~ : ~'+: ~' "S'S
~ °.{-
~: ~ rt ~
~ ~~~
,.~'
~`~ ~:4 ,

EXHIBIT "A"
1. DESCRIPTION OF THE LAND AFFECTED:
BEGINNING at a stake on the run of South West Creek,
sixth corner of Lot No. 3 and runs thence with the line of Lot
No. 3 North 50 degrees 10 minutes East 3260 feet to a stake in
the Hudson line, fifth corner of Lot 3: thence with Hudson line
South 6 degrees 30 minutes East 1552 feet to a stake, Hudson's
corner; thence with Hudson's line South 70 degrees 50 minutes
East 676 feet to the run of Stewart's Branch; thence down and
with the various courses of Stewart's Branch to the run of South
West Creek thence up and with the various courses of Stewart's
Branch; thence to the run of South West Creek; thence up and with
the various courses of the run of South West Creek, to the
beginning, containing 171 acres, more or less. Also an eighteen
foot roadway over tract number three out to the public road as
shown on the plat hereto attached entitled "Division of a Part
of Estate of George Simmons" and described in a complaint for
partition recorded in Onslow County Special Proceedings Minute
Dockets Book 9 at Page 43. The parcel in question is Lot 4
pursuant to the Report of Commissioners and the decree confirming
such report. Shown on the records of the Onslow County Tax
Office as "unknown owner in dispute " (Tax Parcel # 315 60,
U, U) .
2. STATEMENT OF THE PROPERTY INTEREST TAKEN:
Fee simple title to the properties, hereinafter more
particularly described, for the purpose of a wastewater
collection, treatment and disposal systems
3. DESCRIPTION OF AREA TAKEN:
BEGINNING at a stake on the run of South West Creek,
sixth corner of Lot No. 3 and runs thence with the line of Lot
No. 3 North 50 degrees 10 minutes East 3260 feet to a stake in
the Hudson line, fifth corner of Lot 3: thence with Hudson line
South 6 degrees 30 minutes East 1552 feet to a stake, Hudson's
corner; thence with Hudson's line South 70 degrees 50 minutes
East 676 feet to the run of Stewart's Branch; thence down and
with the various courses of Stewart's Branch to the run of South
West Creek thence up and with the various courses of Stewart's
Branch; thence to the run of South West Creek; thence up and with
the various courses of the run of South West Creek, to the
beginning, containing 171 acres, more or less. Also an eighteen
foot roadway over tract number three out to the public road as
• shown on the plat hereto attached entitled "Division of a Part

of Estate of George Simmons" and described in a complaint for
partition recorded in Onslow County Special Proceedings Minute
Dockets Book 9 at Page 43. The parcel in question is Lot 4
pursuant to the Report of Commissioners and the decree confirming
such report. Shown on the records of the Onslow County Tax
Office as " unknown owner in dispute " (Tax Parcel # 315 60,
U, U) .
•
•

• EXHIBIT "B"
STATEMENT OF PUBLIC USE AND PURPOSE:
To promote the public health, to provide the public with an
adequate and sound sewage collection and disposal system, and
to enlarge and improve such system to meet the need for an
expanded or upgraded wastewater collection, treatment and
disposal systems.
U
•

EXHIBIT '"C"
494
RESOLUTION (2005-34)
RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE
FEE SIMPLE TITLE TO THE PROPERTY
REFERRED TO HEREIN
WHEREAS, the governing body of the City of Jacksonville, North Carolina hereby
determines that in order to provide for a wastewater collection, treatment and disposal system, it is
necessary and in the public interest to acquire title to the certain real property listed below for the
public purpose of expanding its land treatment site which collects, treats and disposes of wastewater;
and
WHEREAS, the property described herein is titled in the name of:
W. Victor Venters, II and wife, Jane Venters
P.O. Box 904
Wilmington, NC 28402
George C. Venters and wife, Nickye Venters
905 Williamson Drive
Raleigh, NC 27608
E. Jerome Venters and wife, Phyllis Venters
1402 Cando Place
Jacksonville, NC 28540
Richard Sylvester, Jr. and wife, Marie Sylvester
1013 Greenhurst Road
Winston-Salem, NC 27104
Faye S. Arnold, single
2308 N. Elm Street
Greensboro, NC 27408
[Iem~ianne S. Allegood, single
1 LOS Treemont Road
Wilson, NC 27896;
Onslow Tax Collector
39 Talltnan Street
Jacksonville, NC 28540; and
WHEREAS, it is improbable and unlikely that the City of Jacksonville will be able to acquire
by conveyance good and marketable, fee simple title to the subject property.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CI"fY
OF JACKSONVILLE, THAT:
1. The City of Jacksonville shall acquire by eminent domain for the purposes stated
above, the properly and interest of:
W. Victor Venters, II and wife, Jane Venters
P.O. Box 904
Wilmngton, NC 28402
George C. Venters and wife, Nickye Venters
905 Williamson Drive
Raleigh, NC 27608
E. Jerome Venters and wife, Phyllis Venters
• 1402 Cando Place
Jacksonville, NC 28540

EXHIBIT "A"
BEGINNII~IG at a stake on the run of South West Creek, sixth corner of Lot No. 3 and
runs thence with the line of Lot No. 3 North 50 degrees 10 minutes East 3260 feet to a stake in
the Hudson line, fifth comer of Lot 3: thence with Hudson line South 6 degrees 30 minutes East
152 feet to a stake, Hudson's comer; thence with Hudson's line South 70 degrees 50 minutes
East 676 feet to the run of Stewart's Branch; thence down and with the various courses of
Stewart's Branch to the run of South West Creek thence up and with the various courses of
Stewart's Branch; thence to the run of South West Creek; thence up and with the various courses
of the run of South West Creek, to the beginning, containing 171 acres, more or less. Also an
eighteen foot roadway over tract number three out to the public road as shown on the plat hereto
attached entitled "Division of a Part of Estate of George Simmons" and described in a complaint
for partition recorded in Onslow County Special Proceedings Minute Dockets Book 9 at Page 43.
• The parcel in question is Lot 4 pursuant to the Report of Commissioners and the decree
confirming such report. Shown on the records of the Onslow County Tax Office as "unknown
owner in dispute" (Tax Parcel # 315 60, U,U).
•

495
Richard Sylvester, Jr. and wife, Marie Sylvester
1013 Greenhurst Road
Winston-Salem, NC 27104
Faye S. Arnold, single
2308 N. Elm Street
Greensboro, NC 27408
Henrianne S. Allegood, single
1105 Treemont Road
Wilson, NC 27896
Onslow Tax Collector
39 Tallman Street
.lacksonville, NC 28540
Described as follows:
a. Fee simple title to the property described on Exhibit "A" attached hereto for
the purpose of a wastewater collection, treatment and disposal systems.
2. The attorney representing the City of Jacksonville is authorized and directed to
institute the necessary proceedings under Chapter 40-A of the North Carolina
General Statutes to acquire the property herein as described below:
PROPERTY OWNER DEED REFERENCE
Onslow County Special
W. Victor Venters, II and wife, Jane Venters Proceedings Minute
Y.O. Box 904 Dockets at Book 9, Page 43;
Wilmington, NC 28402 and at Book 499, Page 91
George C. Venters and wife, Nickye Venters
905 Williamson Drive
Raleigh, NC 27608
E. Jerome Venters and wife, Phyllis Venters
1402 Cando Place
Jacksonville, NC 28540
Richard Sylvester, Jr. and wife, Marie Sylvester
1013 Greenhurst Road
Winston-Salem, NC 27104
Faye S. Arnold, single
2308 N. Elm Street
Greensboro, NC 27408
Henrianne S. Allegood, single
1105 Treemont Road
Wilson, NC 27896
Onslow Tax Collector
39 Tallman Street
Jacksonville, NC 28540
Adopted by the Jacksonville City Cotmcil in regulaz session this 19a' day of July, 2005.
,,, ~ J~rt B. Slagle, Mayor
ATTEST: `~~~µ-uuWy~
~ i ~a~ SAC KS .'++,'' .
Cannen K. Miracle Ci Clerk `~;O Nv1~ ~1~~ ~uE AN© ~ t~ t~
ty v ,~'"~° ~'e,yr ~cnr COPY flR?!~ CRY ~ ~..., ~~i~"
• - •~•t:.
~~ ,
.. O
'y,RT F

EXHIBIT "D"
•
•
•

EXHIBIT "E"
• August 1, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NOTICE OF CONDEMNATION
TO: W. Victor Venters, II and wife, Jane Venters
P.O. Box 904
Wilmington, NC 28402
George C. Venters and wife, Nickye Venters
905 Williamson Drive
Raleigh, NC 27608
E. Jerome Venters and wife, Phyllis Venters
1402 Cando Place
Jacksonville, NC 28540
Richard Sylvester, Jr. and wife, Marie Sylvester
1013 Greenhurst Road
Winston-Salem, NC 27104
• Faye S. Arnold, single
2308 N. Elm Street
Greensboro, NC 27408
Henrianne S. Allegood, single
1105 Treemont Road
Wilson, NC 27896
Onslow Tax Collector
39 Tallman Street
Jacksonville, NC 28540
Any and all other undesignated beneficiaries and their successors in interest of
Lot 4 of the "Division of a Part of Estate of George Simmons (Deceased)" and described
in a complaint, report of commissioners, and decree accepting said report recorded in
Onslow County Special Proceedings Minute Docket Book 9 at Page 43
This letter shall serve as off cial NOTICE OF ACTION under Chapter
40A-40 of the North Carolina General Statutes that the City of Jacksonville intends to
•

• institute condemnation proceedings to acquire the property described below in which you
have or claim an interest.
The purpose for which the property is being condemned is for
the purpose of a wastewater collection, treatment and disposal systems.
The property and interest being condemned is described as follows:
Fee simple title to the property described on Exhibit "A" attached hereto for the purpose
of a wastewater collection, treatment and disposal systems.
The City of Jacksonville, as a result of an independent appraisal, has estimated the
suin of $ 381,000 to be just compensation for the described property, which includes
a value for present timber on said property.
The City intends to file an action in condemnation to acquire the property on or
about September 15, 2005. This notice, required under G.S. 40A-40, does not constitute a
taking or condemnation of property and no taking will occur until condemnation
proceedings are actually instituted. Unforeseen circumstances may delay or preclude the
institution of a condemnation action and the exercise of possession over the property.
If you have any questions, you may wish to contact the undersigned at the address
and telephone number set forth below. Your assistance and cooperation will be greatly
appreciated.
Sincerely,
T. Carter, Jr.
Jacksonville City Attorney
City of Jacksonville
Post Of: ce Box 128
Jacksonville, North Carolina 28541
910-938-5018
•

• EXHIBIT "A"
BEGINNING at a stake on the run of South West Creek, sixth corner of Lot l~TO. 3
and runs thence with the line of Lot No. 3 North 50 degrees 10 minutes East 3260 feet to
a stake in the Hudson line, fifth corner of Lot 3: thence with Hudson line South 6 degrees
30 minutes East 1552 feet to a stake, Hudson's corner; thence with Hudson's line South
70 degrees 50 minutes East 676 feet to the run of Stewart's Branch; thence down and
with the various courses of Stewart's Branch to the run of South West Creek thence up
and with the various courses of Stewart's Branch; thence to the run of South West Creek;
thence up and with the various courses of the run of South West Creek, to the beginning,
containing 171 acres, more or less. Also an eighteen foot roadway over tract number
three out to the public road as shown on the plat hereto attached entitled "Division of a
Part of Estate of George Simmons" and described in a complaint for partition recorded in
Onslow County Special Proceedings Minute Dockets Book 9 at Page 43. The parcel in
question is Lot 4 pursuant to the Report of Cointnissioners and the decree confirming
such report. Shown on the records of the Onslow County Tax Office as "unknown owner
in dispute" (Tax Parcel # 315 60, U,U).
•
•

•
EXHIBIT "F"
NAMES OF PERSONS WITH
INTERESTS IN THE PROPERTY:
w. Victor Venters, II and wife, Jane Venters;
George C. Venters and wife, Nickye Venters;
E. Jerome Venters and wife, Phyllis Venters;
Onslow Tax Collector
ADDRESSES:
P.O. Box 904
Wilmington, NC
28402
905 Williamson
Drive
Raleigh, NC 27608
1402 Cando Place
Jacksonville, NC
28540
39 Tallman Street
Jacksonville, NC
28540
Any and all other undesignated beneficiaries and their successors
in interest of Lot 4 of the " Division of a Part of Estate of
George Simmons (Deceased)" and described in a complaint, report
of commissioners, and decree accepting said report recorded in
Onslow County Special Proceedings Minute Docket Book 9 at Page
43,
•

• EXHIBIT "G"
LIENS AND OTHER ENCUMBRANCES ON THE PROPERTY:
2005 Onslow County Ad Valorem taxes and deferred taxes owed to
Onslow County
•
•

Onslow County, NC Property Record Card
Page 1 of I
OWNERSHIP 10192006 990lU 999 (PROPER'L'Y DESCRIPTION I"LAX SCIBD LVCS LONS (MAP NUMBER CARD PIO
CL1Y OF JACKSONVILLE ISR 1211 _ IJAC KSONVILLE TWP 1319 58,3 C I
I I IRECO RD NUMBER 68545
• PO HOX t28 IS/F 314 58 CFIARLES BARBER I E
(ROUTE 30601601A
JACKSONVILLE NC 28541 I (TEMP -433702 ._..
ILISIFR. - 5
DEED:2652 502U05092006 - 21F'I RE TOWER RD I IREVIFIW: _,__
ITOPO (STREET (UTILITY (ZONING 91.70 ACRES NBHD
(LEVEL (LIGHT' PUBWATER 3060
I (PAVED ISEP'I'IC I NOTES:
I I (ELECTRIC(
IHILAND CLASS I SIZE (BASE RA't F.*ERN"I*DP Tli*ADJ= AD.TRATE*UNITS=LND- VA L(lE
11152UBLDGSITEI 1.OOAC1 250001 I I 1250001 1.001 25000
1261ECLEARED I S.OOACI 187:11 I I 18751 8.001 15000
1371FWOODLANDI 29.SOAC1 15001 I I I 1500129.801 99700
19159KMARSHWETI
I 2.90AC1 110.001 I I 1110.001 2.901 319
I
(LAND VALUE:
85019
IHIOTHER FEAT I SIZE IBASERATE*COND =ADJRA'PE*UNITS=OFB-VALUE
I - -- --- -
I
I
I
(OTHER VALUE: 0
IFNDATION X'IRFNISHROOFTYP F.I ROOEMTRLSIZE/QTY(
I I I I I I
I I I I I I
I I I i I I
IWALLENSHIFL00 RS (HEAT&AIRIHEA'IFUEL I
I I I I I I
I I I I I I
I I I I I I
vncANT 0 I
•
HISIRUCTUREISKTCH-SF*S'I H T'= AREA RATE*GRDF+HEAT +EXWL*WLHT=ADJ RAT* AREA= RPCN* DEPF*CNDF-=S T'R-VAL,UE
STRUCTURE VALUE: 0
VALUATION( VALUEIPREV-VAL•P--N,I I TOTAL E'ALUE SS019
LAND I I I 850191 I I I I 2038 LV/AC
OTHE RFEAT I 01 I
STRUCTURE( I I QI I I I I
TOTAL I I I 850191 I I I I
APP RA CSED-VALUE: 85019
Show-with Larger Font

http://maps.onslowcountync.gov/cgi-bin/onslow/CreatePRC_2.pll?recNum=68545 l 0/16/2006

• NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
~ ~~~"-' SUPERIOR COURT DIVISION
... .,
ONSLOW COUNTY (~ ` ` FTT,E N0. 06-CVO- / .~ -~:
i
CITY OF JACKSONVILLE, ,~ ~ ,, ,~ ~ ,
Plaintiff,
vs.
COA'PLAINT, DECLAFc'-1T ION Oi. TAKING,
AT. L) .'.nTTCr; ~~' nr'i'O:,TT
Charles G. Barber
794 Firetower Road
Jacksonville, North Carolina 28540
Cynthia S. Barber
794 Firetower Road
Jacksonville, North Carolina 28540
Gurman D. Maready
Post Office Box 1615
Richlands, North Carolina 28574
• Kathryn B. Maready
Post Office Box 1615
Richlands, North Carolina 28574
Onslow Tax Collector
39 Tallman Street
Jacksonville, NC 28540;
Defendants.
NOW COMES the City of Jacksonville, Plaintiff herein, and
for its cause of action says, alleges, and declares that:
1. The City of Jacksonville is a municipal corporation
organized and existing under the laws of the State of North
Carolina possessing the power, duties and authority, including
the power of eminent domain, vested in it by the General Assembly
of North Carolina under Chapter 40A of the North Carolina General
• Statutes and Section 160A-240.1 of said Statutes.

. 2. All exhibits to this Complaint are specifically
incorporated herein by reference as fully as if set forth
verbatim. All further references to the Defendants in this action
are in the plural; however, such references to the Defendants or
to any other persons or entities in this action shall include the
singular as required, and in addition, the masculine, feminine or
neuter gender, as appropriate.
3. Pursuant to the authority vested in the Plaintiff by the
provisions of Chapter 40A-3(b)(2) and Chapter 160A-311(3) of the
General Statutes of North Carolina, the governing body of the
City of Jacksonville has determined that it is necessary and in
the public interest to acquire by condemnation the entire parcel
• of real property interest described in Exhibit "A", for the
public use and purpose set forth in Exhibit "B".
4. The following matters are set forth in Exhibit "A",
paragraph 1: a description of the entire tract or tracts of land
affected by the taking; paragraph 2: a statement of the property
interest taken; paragraph 3: a description of the area taken.
5. A certified copy of the official records of the
governing body of the Plaintiff which authorize this action is
set forth as Exhibit "C".
6. Pursuant to North Carolina General Statute 40A-95(c), a
plat showing the property taken and all additional areas as
necessary to determine compensation is attached as Exhibit "D".
7. Notice of the Plaintiff's intent to institute this

• action was duly given to the Defendants: Charles G. Barber,
Cynthia S. Barber, Gurman D. Maready, Kathryn B. Maready and
Onslow Tax Collector, at least thirty (30) days prior to filing
the action, in compliance with N.C.G.S. 40A-40. A copy of this
Notice is set forth as Exhibit "E".
8. The Plaintiff is informed and believes, and therefore
alleges upon information and belief, that those persons whose
names and addresses are set forth in Exhibit "F", paragraph 1
are, insofar as the same can by reasonable diligence be
ascertained, the only persons who may have or claim to have an
interest in the property described in Exhibit "A", paragraphs 2-3
and that these named persons are under no legal disability.
9. The Plaintiff is informed and believes, and alleges upon
information and belief, that the property described in Exhibit
"A", paragraphs 2-3, is, insofar as the same can by reasonable
diligence be ascertained, subject only to such liens and
encumbrances as may be set forth in Exhibit "G".
10. Plaintiff is informed and believes, and alleges upon
information and belief, that there are no buildings, structures
or permanent improvements located upon the areas to be acquired
and that a portion of the estimated just compensation set forth
in paragraph 15 of this Complaint represents the value of timber,
undergrowth or other obstruction located within the area to be
acquired because removal of the timber, undergrowth or other
• obstruction would be inconsistent with the purpose for which the

• property is be_ng condemned and said timber, undergrowth or other
obstruction may not be removed by the defendants-owners pursuant
to G.S. 40A-9.
11. The real estate and interest sought to be acquired by
the Plaintiff is the fee simple title to the properties,
hereinafter more particularly described, for the purpose of a
wastewater collection, treatment and disposal systems.
12. The property and area described in Exhibit "A",
paragraphs 2-3, are hereby DECLARED TO BE TAKEN and condemned,
and title thereto, together with the right of immediate
possession, shall vest in the Plaintiff according to the
provisions of G.S. 40A-42.
• 13. The Plaintiff estimates the sum of 5110,000 to be just
compensation for the taking of property and interest described in
Exhibit "A", paragraphs 2-3. The Plaintiff has this date
deposited this sum with the Clerk of Superior Court of Onslow
County, and the named Defendants in this paragraph may apply to
the Court for disbursement of such monies as full compensation,
or as a credit against just compensation, as may be determined in
this action.
WHEREFORE, as its prayer for relief in this action, the
Plaintiff respectfully prays that the Court:
1. Make a determination of just compensation for the
property interests taken in accordance with applicable law.

• 2. Grant such other and further relief as the Court may
deem appropriate.
This the %~day of May, 2006.
CITY OF JACKSONVILLE
BY
JOHN T. A TER, J .,
NC ~~e Bar No.:7044
Jacksonville City Attorney
PO Box 128
Jacksonville, NC 28541
[phone]
•

NORTH CAROLINA
ONSLOW COUNTY
KRISTOFF T. BAUER, being first duly sworn by and before the
undersigned Notary Public, says that the Plaintiff is a municipal
corporation of the State of North Carolina and that he is the
City Manager for the City of Jacksonville; that he has read the
foregoing Complaint, Declaration of Taking and Notice of Deposit,
and that the same is true to his own knowledge, except matters
stated therein on information and belief, and as to those
matters, he believes the same ~o be true.
I~ri off"T. Bauer, City Manager
Cit of Jacksonville
(SEAL)
r'v
SWORN TO AND SUBSCRIBED before me, this the ~_ day of
May, 2006.
~q l.fd ~t~+. /.k
k~ 1 ~l ~~ k~J"~
My Commission Expires : O?~ Od ~ ~ '~
{ 'a`rt r, +a

EXHIBIT "A"
1. DESCRIPTION OF THE LAND AFFECTED:
Being a 41.7 acre tract entitled "Tract on N.C.S.R. 1211,
Firetower Road, Portion of the Charles Barber Tract" as
recorded in Map Book 50, Page 47, Slide L-1145, of the
Onslow County Registry.
2. STATEMENT OF THE PROPERTY INTEREST TAKEN:
Fee simple title to the properties, hereinafter more
particularly described, for the purpose of a wastewater
collection, treatment and disposal systems
3. DESCRIPTION OF AREA TAKEN:
Being a 41.7 acre tract entitled ~~Tract on N.C.S.R. 1211,
Firetower Road, Portion of the Charles Barber Tract" as
recorded in Map Book 50, Page 47, Slide L-1145, of the
Onslow County Registry.
i

EXHIBIT "B"
STATEMENT OF PUBLIC USE AND PURPOSE:
To promote the public health, to provide the public with an
adequate and sound sewage collection and disposal system,
and to enlarge and improve such system to meet the need for
an expanded or upgraded wastewater collection, treatment and
disposal systems.

JYHIBIT "C"
34
RESOLUTION (2006-20)
RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE
FEE SIIvIPLE TITLE TO THE PROPERTY
REFERRED TO HEREIN
WHEREAS, the governing body of the City of Jacksonville, North Carolina hereby
determines that in order to provide for a wastewater collection, treatment and disposal system, it
is necessary and in the public interest to acquire title to the certain real properly listed below for
the public purpose of expanding its land treatment site which collects, treats and disposes of
wastewater; and
WHEREAS, the property described herein is titled in the name o£
Chazles G. Barber
794 Firetower Road
Jacksonville, North Carolina 28540
Cynthia S. Barber
794 Firetower Road
Jacksonville, North Carolina 28540
Gurman D. Maready
Post Office Box 1615
Richlands, North Carolina 28574
Kathryn B. Maready
Post Office Box 1615
Richlands, North Carolina 28574
WHEREAS, it is improbable and unlikely that the City of Jacksonville will be able to
acquire by conveyance fee simple title to the subject property by negotiated conveyance.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVEP.NING BODY OF THE
CITY OF JACKSONVILLE, THAT:
The City of Jacksonville shall acquire by eminent domain for the purposes stated
above, the property and interest of:
Charles G. Barber
794 Firetower Road
Jacksonville, North Carolina 28540
Cynthia S. Barber
794 Fuetower Road
Jacksonville, North Carolina 28540
Gurman D. Maready
Post Office Box 1615
Richlands, North Cazolina 28574
Kathryn B. Maready
Post Office Box 1615
Richlands, North Cazolina 28574
Onslow Tax Collector
39 Tallman Street
Jacksonville, NC 28540;
and described as follows:

35
~7
a. Fee simple title to the property described on Exhibit "A" attached hereto
for the purpose of a wastewater collection, treatment and disposal systems.
2. Because the removal of timber would be inconsistent with the purpose for wluch
the property is being condemned, the attorney representing the City of
Jacksonville is instructed to not allow said timber to be removed by the owners
pursuant to North Cazolina General Statute 40A-9 when filing the condemnation
action.
3. The attorney representing the City of Jacksonville is authorized and directed to
institute the necessary proceedings under Chapter 40-A of the North Carolina
General Statutes to acquire the property herein as described below:
PROPERTY OWNER DEED REFERENCE
Charles G. Barber Onslow County Registry
794 Firetower Road Deed Book 2589 Page 277
Jacksonville, North Carolina 28540
Cynthia S. Barber Onslow County Registry
794 Firetower Road Deed Book 2589 Page 277
Jacksonville, North Carolina 28540
Gunnan D. Maready Onslow County Registry
Post Office Box 1615 Deed Book 2589 Page 277
Richlands, No ~w Carolina 28574
Kathryn B. Mazeady Onslow County Registry
Post Office Box 1615 Deed Book 2589 Page 277
Richlands, North Carolina 28574
Onslow Tax Collector
39 Tallman Street
Jacksonville, NC 28540; and
Adopted by the Jacksonville City Council in regular session this 4th day of April, 2006.
ATTEST:
~~
~~
Carmen K. Miracle, City Clerk
~~
Jan B. Slagle, Mayor
,P)~'t
- - ,.~
,. ,
,r
_ m.
.~.
~~ ,~,
~lr. ;sElltCZadtidti
G

36
EXHIBIT "A"
City of Jacksonville
Tract on NCSR 1211, Firetower Road
Portion of the Charles Barbel Tract
Jacksonville Township, Onslow County, NC
Being a 41.7 acre tract entitled "Tract on N.C.S.R. 1211, Firetower Road, Portion of the
Charles Barber Tract" as recorded in Map Book 50, Page 47, Slide L-1145, of the Onslow
County Registry.

f ~
L~

EXHIBIT "D"

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® EYHIBIT "E" ~~~~~~~~~°~,~
A--.~~-.
~~ity Attarney's Office
4
April 5, 2006 c~Ac~ "°°°E°'` s~~g~
MCA
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NOTICE OF CONDEMNATION
TO:
Charles G. Barber
794 Firetower Road
Jacksonville, North Carolina 28540
Cynthia S. Barber
794 Firetower Road
Jacksonville, North Carolina 28540
Gurman D. Maready
Post Office Box 1615
Richlands, North Carolina 28574
Kathryn B. Maready
Post Office Box 1615
Richlands, North Carolina 28574
Onslow Tax Collector
39 Tallman Street
Jacksonville, North Carolina 28540
This letter shall serve as official NOTICE OF ACTION under Chapter 40A-40 of the
North Carolina General Statutes that the City of Jacksonville intends to institute condemnation
proceedings to acquire the property described below in which you have or claim an interest.
The purpose for which the property is being condemned is for the purpose of a
wastewater collection, treatment and disposal systems.
The property and interest being condemned is described as follows: Fee simple title to
the property described on Exhibit "A" attached hereto for the purpose of a wastewater collection,
treatment and disposal systems.
Post Office Box 128 !Jacksonville, North Carolina 28541 ! [phone] F TDD# [phone] t Fax [phone]

The City of Jacksonville, as a result of an independent appraisal, has estimated the sum of
$ 110,000 to be just compensation for the described property, which includes a value for present
timber on said property.
The City intends to file an action in condemnation to acquire the property on or about
May 9, 2006. This notice, required under G.S. 40A-40, does not constitute a taking or
condemnation of property and no taking will occur until condemnation proceedings are actually
instituted. Unforeseen circumstances may delay or preclude the institution of a condemnation
action and the exercise of possession over the property.
If you have any questions, you may wish to contact the undersigned at the address and
telephone number set forth below. Your assistance and cooperation will be greatly appreciated.
Sincerely,
2
JohrvT. Carter, Jr.
cksonville City Attorney
City of Jacksonville
Post Office Box 128

•
Jacksonville, North Carolina 28541
910-93 8-5018
Post Office Box 128 1 Jacksonville, North Carolina 28541 t [phone] ` TDD# [phone] t Fax [phone]

•
•
EXHIBIT "A"
City of Jacksonville
Tract on NCSR 1211, Firetower Road
Portion of the Charles Barber Tract
Jacksonville Township, Onslow County, NC
Being a 41.7 acre tract entitled "Tract on N.C.S.R. 1211, Firetower Road, Portion of the
Charles Barber Tract" as recorded in Map Book 50, Page 47, Slide L-1145, of the Onslow
County Registry.
•

NAMES OF PERSONS WITH
INTERESTS IN THE PROPERTY:
Charles G. Barber
Cynthia S. Barber
Gurman D. Maready
Kathryn B. Maready
EXHIBIT "F"
ADDRESSES:
794 Firetower Road
Jacksonville, N. C. 28540
794 Firetower Road
Jacksonville, N. C. 28540
Post Office Box 1615
Richlands, N. C. 28574
Post Office Box 1615
Richlands, N. C. 28574
•
Onslow Tax Collector
39 Tallman Street
Jacksonville, NC 28540
•

EXHIBIT "G"
LIENS AND OTHER ENCUMBRANCES ON THE PROPERTY:
2005 Onslow County Ad Valorem taxes and deferred taxes owed to
Onslow County
•

Unslow (~~unly, NC, Property Kecord Lard
Page I of 1
OWNERSHIP 10192006 99020 999 IPROPE R7,Y DESCRIPTION (TAX SUBDIVISIONS (MAP NCIMBER CP.RD DIO
CITY OE JACKSONVILLE ISR 1206 IRICHLANDS 'IWP I 24 66,E E 1
I0SCVS3967 I (RECORD NUMHF•R:. 21689
PO HOX 128 IH86/82 O1E1.97 I IROU IE 8004149
JACKSONVILLE NC 28541 11690/616 03/19/2001 I"CEMP-931800 67 ILISIER:LP062106 - 5
DEED:2578 611012282005 - 21EIVE MILE RD SR 1206 (REVLEW:HS011006
ITOPO (STREET IUT:C I,ITY I"CONING 122.63 ACRES NBHD
ICE VEL (PAVED IPUI3WA'IER AFCT:1- A L 0A33
I ILIG H'I (SEPTIC I NOTES:
I I IELECTRICI
INILAND CLASS I SIZE IHASERATE*ERNT*DPTH*ADJ =ADJRA'CE*UN PIS=LND -VALUE
11139TUNDEVL 11 02.63AC1 50001 I I I 5000102.631 513150
259KMARSHWET
I
I 20.0OAC 110.001 0.60ACE1 66.00120.001 1320
I
I
(LAND VALUE:

519470
[(OTHER FEAT SI'l. F, IBASERATE*COND =ADJRATE~*UNITS=OEB -VALUE
I
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(OTHER VALUE:
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I I I I 11. OOST'[iT I
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I I I I I I
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KIST RUCT[J REISK'I'C H-SF*STH'I= AREA RATE*GRDF+HEAT +EXW L*W LHT=ADJRAT* AREA= k2PCN* DEPF*CNDE=STR-VALUE'
STROCTURE VALUE: 0
VALUATION( VALUEIPREV-VAL.IP-Nol I I TOTAL VALUE 5194"70
LAND I I I 5199701 103360149701 I I 9195LV/AC
oTHEREEAT I 0 I I I
S'C RU C'CU RF. I I I 0 1 I I I I
TOTAL I I I 5149701 103360149'!sl I I
APPRAISED-VALUE: 514470
Show_ with Larger F~»t

~~rC~! 23
http://maps.onslowcountync.gov/cgi-bin/onslow/CreatePRC_2.pll?recNum=2 1689 10/16/2006

Unslow County, NC Property Record Card
Page 1 of I
OWNGRSH LP 10192006 42322 303 (PROPERTY DESCRIPTION (TAX SUBDIVISIONS (MAP NUMBER CARP NO
VFNCERS WAYNE LL TRUST &KATHRY OEF SR 1204 RI(HLANDS TWP 35 3~.1 U 1
IS/E' 35 35 W VICTOR CENTERS CC I IRECORU NUMBF R:. 150N4
PO HOX 909 I I (ROUTE 8004312
WILMIDIGTON NC 28402 I (TEMP-432800 1.3 ILLS fLR.KC021605 - S
UEED:1."122 678006252001 - 21 MURRELL BROWN RD OFF SR 1209 I (REV IEW: HS01.1006
I TOPO IS"CREGT U"C ILITY IZON ING ll0.00 ACRES NBHD
(LOW (PAVED IPCIBWATERI AFC'C:2 - AL 0833
I II,IGH'I ISGPT [C I NOTES:
I I IELECTRICI
INILAND CLASS I SIZE BASERA'L I',*ERNT*DPTH *ADJ= ADJRATE*UN I'C'S= LND-VALUE
I
12171HWOODLANDI
15.OOAC1 20001
0.85ACF'
I 17001[5.001
25500
1359KMAR5[IWET
I
I 95.OOAC 110.001 0.85ACE 93.50195.001 8883
I
ILAPID VALUE:
39383
I _ --.__ -____-- _. _
I
I
OTHER VALUE:
I
I ENDAT IONIXTRFN ISHIROO F'LYPEIROOEMTRLISIZE/Q"CYI
I I I I I I
I I I I I I
I I I I I I
WALLENSFi(FLOORS (HEAT&AIR HGA'CE'UEL
I I I I I I
I I I I I I
I I I I I I
=ADJRATE*UNITS=OEB-VALUE,
0
-- I
VACANT 0 I
N ISTRUCTUREISK'ICH-SF*S'C'HT= ARP,A RATE*GRDF'+FiEA'I+EXWL WLHT-ADJRAT* AREA= RPCN* DEPF *CNDE=STR-VALUE
STRUCTURE. VALUE: 0
VALUATION( VALUEIPRF:V-VAL.IP-Nol I I TOTAL VALUE 39383
LAND I I I 343831 280081122"sl I I 312LV/AC
OTHGRF'EAT I I I 0 1 I I I I
STRUCTURE( I I ~I I I I I
TOTAL I I I 343831 28008112201 I I
APPRAISED-VALUE: 34383
I ----~-------- - --- - -----~---------
Showy-with_ L<<rger-Font

http://maps.onslowcountync.gov/cgi-bin/onslow/CreatePRC_2.pll?recNum= 15084 10/l6/2006

•
NORTH CAROLINA``: '__
ONSLOW COt~N~'Y~ ,, ~ j ;• r ~,. ~ ~
CITY OF JACKSONVILLE,
Plaintiff,
vs.
IN THE GENERAL COUR^1 OF JUSTICE
SUPERIOR COURT DIVISION
FILE ivy.: ~b-~:V~-
f~ r~
~~1-~~~?i ~~
CG'~I'IPLAII~'T, DE~~LARAT.TON OF TAKING,
AND i~vl'ICE uF Dr~rvSI'1'
Wayne Victor Venters, II, Trustee
for Jane Bellamy Venters U/T/A Dated December 23, 1992; Kathryn
Leigh Venters Duncan and husband, Hillman Duncan; and Onslow Tax
Collector
Defendants.
NOW COMES the City of Jacksonville, Plaintiff herein, and for
its cause of action says, alleges, and declares that:
1. The City of Jacksonville is a municipal corporation
organized and existing under the laws of the State of North
Carolina possessing the power, duties and authority, including the
power of eminent domain, vested in it by the General Assembly of
North Carolina under Chapter 40A of the North Carolina General
Statutes and Section 160A-240.1 of said Statutes.
2. All exhibits to this Complaint are specifically
incorporated herein by reference as fully as if set forth verbatim.
All further references to the Defendants in this action are in the
plural; however, such references to the Defendants or to any other
persons or entities in this action shall include the singular as
required, and in addition, the masculine, feminine or neuter
gender, as appropriate.
3. Pursuant to the authority vested in the Plaintiff by the
provisions of Chapter 40A-3(b)(2) and Chapter 160A-311(3) of the
General Statutes of North Carolina, the governing body of the City

of Jacksonville has determined that it is necessary and in the
public interest to acquire by condemnation the entire parcel of
real property interest described in Exhibit "A", for the public use
and purpose set forth in Exhibit "B".
4. The following matters are set forth in Exhibit "A",
paragraph l: a description of the entire tract or tracts of land
affected by the taking; paragraph 2: a statement of the property
interest taken; paragraph 3: a description of the area taken.
5. A certified copy of the official records of the governing
body of the Plaintiff which authorize this action is set forth as
Exhibit "C".
6. Pursuant to North Carolina General Statute 40A-45(c), a
plat showing the property taken and all additional areas as
necessary to determine compensation is attached as Exhibit "D".
7. Notice of the Plaintiff's intent to institute this
action was duly given to the Defendants, Wayne Victor Venters,
II, Trustee for Jane Bellamy Venters U/T/A Dated December 23,
1992; Kathryn Leigh Venters Duncan and husband, Hillman Duncan;
and Onslow Tax Collector at least thirty (30) days prior to
filing the action, in compliance with N.C.G.S. 40A-40. A copy of
this Notice is set forth as Exhibit "E".
8. The Plaintiff is informed and believes, and therefore
alleges upon information and belief, that those persons whose names
and addresses are set forth in Exhibit "F", paragraph 1 are,
insofar as the same can by reasonable diligence be ascertained, the
only persons who may have or claim to have an interest in the

property described in Exhibit "A", paragraph 1 and 3, and that
• these named persons are under no legal disability.
9. The Plaintiff is informed and believes, and alleges upon
information and belief, that the property described in Exhibit "A"
,
paragraph 1, is, insofar as the same can by reasonable diligence be
ascertained, subject only to such liens and encumbrances as may be
set forth in Exhibit "G".
10. Plaintiff is informed and believes, and alleges upon
information and belief, that there are no buildings, structures or
permanent improvements located upon the areas to be acquired and
that a portion of estimated just compensation set forth in
paragraph 15 of this Complaint represents the value of any trees or
undergrowth or other obstruction, if any, located within the area
. to be acquired.
11. The real estate and interest sought to be acquired by the
Plaintiff is the fee simple title to the properties, hereinafter
more particularly described, for the purpose of a wastewater
collection, treatment and disposal systems.
12. The property and area described in Exhibit "A", paragraphs
2 and 3, are hereby DECLARED TO BE TAKEN and condemned, together
with the right of immediate possession, shall vest in the Plaintiff
according to the provisions of G.S. 40A-42.
13. The Plaintiff estimates the sum of $165,000 to be just
compensation for the area described in Exhibit "A", paragraphs 2

and 3. The Plaintiff has this date deposited this sum with the
Clerk of Superior Court of Onslow County, and the named Defendant
in this paragraph may apply to the Court for disbursement of such

• monies as full compensation, or as a credit against just
compensation, as may be determined in this action.
WHEREFORE, as its prayer for relief in this action, the
Plaintiff respectfully prays that the Court:
1. Make a determination of just compensation for the property
interests taken in accordance with applicable law.
2. Grant such other and further relief as the Court may deem
appropriate.
This the day of July, 2006.
CITY OF JACKSONVILLE
c
JOIN CARTER, JR.
J c onville City Attorney
PO Box 128
Jacksonville, NC 28591
[phone]
NC State Bar No.: 7044
•

• NORTH CAROLINA
ONSLOW COUNTY
KRISTOFF T. BAUER, being first duly sworn by and before the
undersigned Notary Public, says that the Plaintiff is a municipal
corporation of the State of North Carolina and that he is the City
Manager for the City of Jacksonville; that he has read the
foregoing Complaint, Declaration of Taking and Notice of Deposit,
and that the same is true to his own knowledge, except matters
stated therein on information and belief, and as to those matters,
he believes the same to be true.
.f j
~,' i ' • %'
~`.~/ ~. ~
~" ,~~~~/ ~ ~~ ~~~.~~-- ,~- ( SEAL )
Kristoff T. Bauer, City Manager
City of Jacksonville
SWORN TO AND SUBSCRIBED before me, this the ~~ day of July,
2006.
~~,,~z~/
My Commission Expires: 'Z ~ $900°°pA~/e'g,~
b~,~ ~ '~O
O ~
~Qy AV6L\G ~c~;
•

• EXHIBIT "A"
1. DESCRIPTION OF THE LAND AFFECTED:
BEGINNING at a point where the John L. Roper Lumber Co.
R.R. crosses Big Branch, thence South 87 degrees 00 minutes West
1000 feet; thence North 88 degrees 00 minutes West 200 feet;
thence North 88 degrees West 284 feet; thence North 68 degrees
00 minutes West 260 feet; thence North 57 degrees 30 minutes
West 268 =~ feet; thence North 67 degrees 00 minutes West 260 '~
feet; thence North 66 degrees 30 minutes West 289 '-~ feet; thence
North 84 degrees 30 minutes West 1535 feet along John L. Roper
Lumber Co. R.R. to a trestle across South West Creek thence with
South West Creek and its meanders 2431 feet to the mouth of Big
Branch; thence with Big Branch and its meanders 3152 feet from
the mouth of Big Branch to R. R. the point and place of
beginning, as surveyed by J. L. Foy, E. S. for Dr. E. L. and
Norwood Cox, containing 110 acres, more or less, said survey
made January 12, 13 and 14, 1932.
This being the same property conveyed by deed from C. W.
Sutton and wife, Laura Sutton on January 6, 1941, recorded in
Book 208, page 187, Onslow County Registry, March 13, 1946.
2. STATEMENT OF THE PROPERTY INTEREST TAKEN:
Fee simple title to th
e properties, hereinafter more
particularly described, for the purpose of a wastewater
collection, treatment and disposal systems
3. DESCRIPTION OF AREA TAKEN:
BEGINNING at a point where the John L. Roper Lumber Co.
R.R. crosses Big Branch, thence South 87 degrees 00 minutes West
1000 feet; thence North 88 degrees 00 minutes West 200 feet;
thence North 88 degrees West 284 feet; thence North 68 degrees
00 minutes West 260 feet; thence North 57 degrees 30 minutes
West 268 '~ feet; thence North 67 degrees 00 minutes West 260 '-~
feet; thence North 66 degrees 30 minutes West 289 =~ feet; thence
North 84 degrees 30 minutes West 1535 feet along John L. Roper
Lumber Co. R.R. to a trestle across South West Creek thence with
South West Creek and its meanders 2431 feet to the mouth of Big
Branch; thence with Big Branch and its meanders 3152 feet from
the mouth of Big Branch to R. R. the point and place of
beginning, as surveyed by J. L. Foy, E. S. for Dr. E. L, and
Norwood Cox, containing 110 acres, more or less, said survey
made January 12, 13 and 14, 1932.
This being the same property conveyed by deed from C. W
.
Sutton and wife, Laura Sutton on January 6, 1941, recorded in
Book 208, page 187, Onslow County Registry, March 13, 1946.

•
EXHIBIT "B"
STATEMENT OF PUBLIC USE AND PURPOSE•
To promote the public health, to provide the public with an
adequate and sound sewage collection and disposal system, and
to enlarge and improve such system to meet the need for an
expanded or upgraded wastewater collection, treatment and
disposal systems.
•
•

Exhibit "C"
47
RESOLUTION (2006-27)
. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIIZE
FEE SIlvIPLE TITLE TO THE PROPERTY
REFERRED TO HEREIN
WHEREAS, the governing body of the City of Jacksonville, North Carolina
hereby determines that in order to provide for a wastewater collection, treatment and
disposal system, it is necessary and in the public interest to acquire title to the certain
real property listed below for the public purpose of expanding its land treatment site
which collects, treats and disposes of wastewater; and
WHEREAS, the property described herein is titled in the name of
Wayne Victor Venters, R, Trustee for Jane Bellamy Venters U/T/A
Dated December 23, 1992 (1/2 interest)
Post Office Box 904
Wilmington, N. C. 28402
Kathryn Leigh Venters Duncan and husband,
Hillman Duncan (1/2 interest)
2714 Anderson Street
Raleigh, N. C. 27608
• WHEREAS, it is improbable and unlikely that the City of Jacksonville will be
able to acquire by conveyance fee simple title to the subject property by negotiated
conveyance.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF
THE CITY OF JACKSONVILLE, THAT:
1. The City of Jacksonville shall acquire by eminent domain for the
purposes stated above, the property and interest of:
Wayne Victor Venters, II, Trustee for Jane Bellamy Venters U/'I'/A
Dated December 23, 1992 (1/2 interest)
Post Office Box 904
Wilmington, N. C. 28402
Kathryn Leigh Venters and husband
Hillman Duncan (1/2 interest)
2714 Anderson Street
Raleigh, N. C. 27608
Onslow Tax Collector
39 Tallman Street
Jacksonville, NC 28540;
and described as follows:
a. Fee simple title to the property described on Exhibit "A"
attached hereto for the purpose of a wastewater collection,
treatment and disposal systems.
2. Because the removal of timber would be inconsistent with the purpose
for which the property is being condemned, the attorney representing
the City of Jacksonville is instructed to not allow said timber to be
removed by the owners pursuant to North Carolina General Statute
40A-9 when filing the condemnation action.
3. The attorney representing the City of Jacksonville is authorized and
duetted to institute the necessary proceedings under Chapter 40-A of
the North Carolina General Statutes to acquire the property herein as
described below:

48
PROPERTY OWNER DEED REFERENCE
• Wayne Victor Venters, II, Trustee for Jane Bellamy Onslow County Registry
Venters U/T/A Dated December 23, 1992 (1/2 interest) Deed Book1722 Page 678
Post Office Box 904
Wilmington, N. C. 28402
Kathryn Leigh Venters Duncan and husband Onslow County Registry
Hillman Duncan (1/2 interest) Deed Book 1155 Page 8
2714 Anderson Street
Raleigh, N. C. 27608
Onslow Tax Collector
39 Tallman Street
Jacksonville, NC 28540; and
Adopted by the Jacksonville City Council in regular session this 6th day of
June, 2006.
r/
Jan B. Slagle, ayor
ATTEST:
_y
Carmen K. Miracle, Clerc
•

49
EXHIBIT "A"
• BEGINNING at a point where the John L. Roper Lumber Co. R.R. crosses Big
Branch, thence South 87 degrees 00 minutes West 1000 feet; thence North 88 degrees
00 minutes West 200 feet; thence North 88 degrees West 284 feet; thence North 68
degrees 00 minutes West 260 feet; thence North 57 degrees 30 minutes West 268 %i
feet; thence North 67 degrees 00 minutes West 260 '/z feet; thence North 66 degrees 30
minutes West 289 1/z feet; thence North 84 degrees 30 minutes West 1535 feet along
John L. Roper Lumber Co. R.R. to a trestle across South West Creek thence with
South West Creek and its meanders 2431 feet to the mouth of Big Branch; thence uRth
Big Branch and its meanders 3152 feet from the mouth of Big Branch to R R. the
point and place of beginning, as surveyed by J. L. Foy, E. S. for Dr. E. L. and
Norwood Cox, wntaining 110 acres, more or less, said survey made January 12, 13
and ]4,1932.
This being the same property conveyed by deed from C. W. Sutton and wife, Laura
Sutton on January 6, 1941, recorded in Book 208, page 187, Onslow County Registry,
March 13, 1946.
•
•

•
.7
Exhibit "D"
Said plat to be filed pursuant to North Carolina General Statutes
Section 40A-45.
•

Exhibit "E"
a
__-. -- -
-.. -_r _.._ __ - _ ...
_. . -_ . Canng - --
..___. . _.~ - --. - - Community
-__ _ __. _ ._. ...__ -- - - _ ~ J
City Attorney's Office ____ . -
Junk 14, 2006 o9~pt~ NOME UP `-~ w R,~~4
• _ UNEEMCASt~
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NOTICE OF CONDEMNATION
TO:
Wayne Victor Venters, II, Trustee
for Jane Bellamy Venters U/T/A
Dated December 23, 1992
Past Office Box 904
Wilmington, N. C. 28402
Kathryn Leigh Venters Duncan
2714 Anderson Street
• Raleigh, N. C. 27608
Hillman Duncan
2714 Anderson Street
Raleigh, N. C. 27608
Onslow Tax Collector
39 Tallman Street
Jacksonville, North Carolina 28540
This letter shall serve as official NOTICE OF ACTION under Chapter 40A-40 of
the North Carolina General Statutes that the City of Jacksonville intends to institute
condemnation proceedings to acquire the property described below in which you have or
claim an interest:
The purpose for which the property is being condemned is for the purpose of a
wastewater collection, treatment and disposal systems.
The property and interest being condemned is described as follows: Fee simple
title to the property described on Exhibit "A" attached hereto for the purpose of a
wastewater collection, treatment and disposal systems.
•
Post Office Box 128 • Jacksonville, North Carolina 28541 t [phone] + TDD# [phone] + Fax [phone]

The City of Jacksonville, as a result of an independent appraisal, has estimated the
sum of $165,000 to be just compensation for the described property, which includes a
value for present timber on said property.
.;-~~-~
The City intends to file an action in +condemnation to acquire the property on or
about July 21, 2006. This notice, required under G.S. 40A-40, does not constitute a
taking 'or condemnation of property and no taking will occur until condemnation
proceedings are actually instituted. Unforeseen circumstances may delay or preclude the
institution of a condemnation action and the exercise of possession over the property.
If you have any questions, you may wish to contact the undersigned at the address
and telephone number set forth below. Your assistance and cooperation will be greatly
appreciated.
Sincerely,
o T. Carter, Jr.
y Attorney
City of Jacksonville
• P.O. Box 128
Jacksonville, NC 28540-Oi28
910-938-5018
•

EXHIBIT "A"
BEGINNING at a point where the John L. Roper Lumber Co. R.R. crosses Big
Branch, thence South 87 degrees 00 minutes West 1000 feet; thence North 88 degrees
00 minutes West 200 feet; thence North 88 degrees West 284 feet; thence North 68
degrees 00 minutes West 260 feet; thence North 57 degrees 30 minutes West 268 '/2
feet; thence North 67 degrees OO.mirluteS~West 260'/2 feet; thence North 66 degrees 30
minutes West 289'/2 feet; thence-North 84 degrees 30 minutes West 1535 feet along
John L. Roper Lumber Co. R.R. to a trestle across South West Creek thence with
South West Creek and its meanders 2431 feet to the mouth of Big Branch; thence with
Big Branch and its meanders 3152 feet from the.mouth of Big Branch to R. R. the
point and place of beginning, as surveyed by J. L. Foy, E. S. for Dr. E. L. and
Norwood Cox, containing 110 acres, more or less, said survey made January 12, 13
and 14,1932.
This being the same property conveyed by deed from C. W. Sutton and wife, Laura
Sutton on January 6, 1941, recorded in Book 208, page 187, OnsIow County Registry,
Mazch 13, 1946.
•
•

•
•
EXHIBIT "F"
NAMES OF PERSONS WITH
INTERESTS IN THE PROPERTY•
Wayne Victor Venters, II,
Trustee
for Jane Bellamy Venters U/T/A
Dated December 23, 1992
Kathryn Leigh Venters Duncan
Hillman Duncan
Onslow Tax Collector
ADDRESSES:
Post Office Box 904
Wilmington, N. C. 28402
2714 Anderson Street
Raleigh, N. C. 27608
2714 Anderson Street
Raleigh, N. C. 27608
39 Tallman Street
Jacksonville, N.C. 28540
•

•
EXHIBIT "G"
LIENS AND OTHER ENCUMBRANCES ON THE PROPERTY:
2006 Onslow County Ad Valorem taxes and deferred taxes owed to
Onslow County
•
•

•

APPENDIX D -ADJACENT LANDOWNERS
Tax Parcel ID: 426-59
NC Pin Number: 437719500990
City of Jacksonville
P.0. Box 128
Jacksonville, NC 28541
Tax Parcel ID: 426-58.2
NC Pin Number: 437718407267
MZ Inc
T/A Courts Plus
P.0. Box 1371
Jacksonville, NC 28540
Tax Parcel ID: 35-70.17
NC Pin Number: 432903425037
Arnold, Lois D. & Others
C/0 Betty King
332 Five Mile Rd
Richlands, NC 28574
Tax Parcel ID: 35-70.5
NC Pin Number: 432903318950
Roberts, Frances D.
350 Futrell Rd
Richlands, NC 28574
Tax Parcel ID: 426-58.3
NC Pin Number: 437607593544
Jacksonville A Storage Inn
106 N Marine Blvd
Jacksonville, NC 28540
Tax Parcel ID: 427-70
NC Pin Number: 437607593115
Williams, Larry L. & Alva M.
1 Park PI
Jacksonville, NC 28540
Tax Parcel ID: 427-69
NC Pin Number: 437607592030
Williams, Larry & Alva
4 Park PI
Jacksonville, NC 28540
Tax Parcel ID:35-69
NC Pin Number: 432904630159
Miller, Saundra B. & Huey P. L.
229 Tree Haven Ln
Jacksonville, NC 28540
Tax Parcel ID: 35-81
NC Pin Number: 432904728897
Whaley, Rodney & Judy M.
2221 Catherine Lake Rd
Richlands, NC 28574
Tax Parcel ID: 35-33
NC Pin Number: 432904911947
Murray, Carol Dunlap Thompson
5809 E Landing Ct
Emerald Isle, NC 28594
Tax Parcel ID: 35-39.3
NC Pin Number: 432904810775
Register, Pamela T.
1207 East Wards Bridge
Kenansville, NC 28349
Tax Parcel ID: 35-31
NC Pin Number: 432904915143
Honeycutt, Blanche B.
46 Denning Rd
Benson, NC 27504
Tax Parcel ID: 35-39.4
NC Pin Number: 432904814647
Whaley, Rodney G. & Judy M.
2221 Catherine Lake Rd
Richlands, NC 28574
Tax Parcel ID: 308-19
NC Pin Number: 432800524125
City of Jacksonville
P.0. Box 128
Jacksonville, NC 28541
Tax Parcel ID: 35-70.8
NC Pin Number: 432903315472
King, Betty & Others
332 Five Mile Rd
Richlands, NC 28574
Tax Parcel ID: 35-70.18
NC Pin Number: 432903410451
King, Betty & Others
332 Five Mile Rd
Richlands, NC 28574
•

• Richlands, NC 28574
Tax Parcel ID: 35-70.12 Tax Parcel ID: 35A-2
NC Pin Number: 432903312107 NC Pin Number: 433801191883
Arnold, Lois D. R. Jones Builder
345 Five Mile Rd P.O. Box 738
Richlands, NC 28574 Richlands, NC 28574
Tax Parcel ID: 100-45 Tax Parcel ID: 35-35.1
NC Pin Number: 433903017091 NC Pin Number: 432800783945
Orme, John F. Jr. & Gertrude City of Jacksonville
129 Lillie Ln P.O. Box 128
Richlands, NC 28574 Jacksonville, NC 28541
Tax Parcel ID: 47-35.3 Tax Parcel ID: 35A-1
NC Pin Number: 433903002962 NC Pin Number: 433801191771
Croom, Madeline H & Others R. Jones Builders
556 Koonce Fork Rd P.O. Box 738
Richlands, NC 28574 Richlands, NC 28574
Tax Parcel ID: 35-70.16 Tax Parcel ID: 47-62
NC Pin Number: 432903208908 NC Pin Number: 433801191571
Arnold, Lois D. & Others Heath, Rita K.
C/0 Betty King 395 Firetower Rd
332 Five Mile Rd Richlands, NC 28574
Richlands, NC 28574
Tax Parcel ID: 35-72
• Tax Parcel ID: 35A-7 NC Pin Number: 431800889534
NC Pin Number: 433903100584 Laird, Roy Charles & Norma
Topkicks Inc Laird Mobile Homes
P.O. Box 734 110 Kitt Dr
Richlands, NC 28574 Jacksonville, NC 28540
Tax Parcel ID: 35A-6 Tax Parcel ID: 35-35
NC Pin Number: 433903101362 NC Pin Number: 432800777114
R. Jones Builders Venters, Wayne II Trust & Kathryn
P.O. Box 738 P.O. Box 904
Richlands, NC 28574 Wilmington, NC 28402
Tax Parcel ID: 35A-5 Tax Parcel ID: 23-2
NC Pin Number: 433903101179 NC Pin Number: 431800870169
R. Jones Builders Wood, David C. & Janice R.
P.O. Box 738 156 Williams Cemetery Ln
Richlands, NC 28574 Richlands, NC 28574
Tax Parcel ID: 35A-4 Tax Parcel ID: 24-67
NC Pin Number: 433903101076 NC Pin Number: 431800941941
R. Jones Builders City of Jacksonville
P.O. Box 738 P.O. Box 128
Richlands, NC 28574 Jacksonville, NC 28541
Tax Parcel ID: 35A-3 Tax Parcel ID: 36-9
NC Pin Number: 433801191984 NC Pin Number: 431800609960
R. Jones Builders City of Jacksonville
P.O. Box 738 P.O. Box 128

Jacksonville, NC 28540 Tax Parcel ID: 314-50.4
Tax Parcel ID: 36-12 NC Pin Number: 433702859271
NC Pin Number: 432800655930 Cannon, Robert W. & P. K. Parker
Cottle, Roy 0. Neil 965 Fire Tower Rd
7623 Watercrest Rd Jacksonville, NC 28540
Charlotte, NC 28210
Tax Parcel ID: 314-52
Tax Parcel ID: 36-11 NC Pin Number: 433702858499
NC Pin Number: 432800653560 Barber, Robert E. & Lorraine
Brown, John Percy & Amy Sue 505 Story Partin Rd
353 Murrill Brown Rd Orlando, FL 32833
Richlands, NC 28574
Tax Parcel ID: 314-49
Tax Parcel ID: 36-13 NC Pin Number: 433704849746
NC Pin Number: 432800112581 McKee, Kathleen M. & John K.
Venters, W. V. & R. V. Heirs 879 Jim Blake Rd
C/0 W V Venters Jacksonville, NC 28540
P.O. Box 904
Wilmington, NC 28401 Tax Parcel ID: 315-65
NC Pin Number: 433704942502
Tax Parcel ID: 314-58 Parker, David Wayne
NC Pin Number: 433702767634 979 Fire Tower Rd
Barber, Charles G. & Cynthia L. Jacksonville, NC 28540
794 Fire Tower Rd
Jacksonville, NC 28540 Tax Parcel ID: 315-61
NC Pin Number: 433704841439
Tax Parcel ID: 314-58.1 Hemby, David R. & Jeanette
• NC Pin Number: 433702776371 881 Jim Blake Rd
Maready, Gurman D. & Kathryn Jacksonville, NC 28540
766 Firetower Rd
P.O. Box 1615 Tax Parcel ID: 315-59
Richlands, NC 28574 NC Pin Number: 433704836305
Aragona, Brothers Inc
Tax Parcel ID: 314-58.2 112 Scientific Ln
NC Pin Number: 433702679834 Jacksonville, NC 28540
Onslow County
118 Old Bridge St Tax Parcel ID: 315-25.6
Jacksonville, NC 28540 NC Pin Number: 433704523876
Swinson, Kellie W.
Tax Parcel ID: 308-19.1 324 Verdie Ave
NC Pin Number: 433702699497 Jacksonville, NC 28540
Brunswick Timber LLC C/O Forest
Investment Association Tax Parcel ID: 315-45
Attn. C Vanover NC Pin Number: 433704821610
15 Piedmont Center, Suite 1250 Rawls, Charles R. & Myrtie
Atlanta, GA 30305 1197 Haws Run Rd
Maple Hill, NC 28454
Tax Parcel ID: 315-60
NC Pin Number: 433704642706 Tax Parcel ID: 315-55
City of Jacksonville NC Pin Number: 433704716413
P.O. Box 128 Baird, H. Wallace & Frances G.
Jacksonville, NC 28541 P.O. Box 849
• Walkertown, NC 27051

• Tax Parcel ID: 315-25
NC Pin Number: 433704519966
Wade, Elizabeth R. & Warren Lee
186 Raynor Ave
Jacksonville, NC 28540
Tax Parcel ID: 24-66
NC Pin Number: 431800536730
City of Jacksonville
P.O. Box 128
Jacksonville, NC 28541
Tax Parcel ID: 24-66.5
NC Pin Number: 431800321150
Beblo, Daniel L. & Karen K.
917 Five Mile Rd
Richlands, NC 28574
Tax Parcel ID: 24-58
NC Pin Number: 431800218805
Smith, Lonnie & Murlene
927 Five Mile Rd
Richlands, NC 28574
Tax Parcel ID: 25-20
NC Pin Number: 431701394819
• Marshburn, Bryant & Others
932 Nine Mile Rd
Richlands, NC 28574
Tax Parcel ID: 25-23
NC Pin Number: 431701397945
Foy, James Rondal
1136 Ben Williams Rd
Richlands, NC 28574
Tax Parcel ID: 25-24.1
NC Pin Number: 431701490792
Foy, James R.
1136 Ben Williams Rd
Richlands, NC 28574
Tax Parcel ID: 25-27
NC Pin Number: 431702894911
Hansley, Lawrence R. & G. Walton
1024 Ben Williams Rd
Richlands, NC 28574
Tax Parcel ID: 25-27.2
NC Pin Number: 431702690952
Davis, Hilda Heirs & Walton Len
C/0 Lorie Lanier
• 293 James Rd
Wallace, NC 28466
Tax Parcel ID: 25-27.1
NC Pin Number: 431702696964
Mabe, Jeanette L.
1034 Ben Williams Rd
Richlands, NC 28574
Tax Parcel ID: 25-25.1
NC Pin Number: 431700590820
Marshburn, Wen D. & Wanda D.
C/0 Wanda Washburn Bennett
509 Old Farm Rd
Raleigh, NC 27606
Tax Parcel ID: 25-25.2
NC Pin Number: 431701496781
Marshburn, Roland 0. Jr.
1110 Ben Williams Rd
Richlands, NC 28574
Tax Parcel ID: 25-25.4
NC Pin Number: 431701493796
Marshburn, David C. & Connie S.
345 Swinson Rd
Maple Hill, NC 28454
Tax Parcel ID: 25-27.3
NC Pin Number: 431702790977
Hansley, Lawrence & Lena Walton
1024 Ben Williams Rd
Richlands, NC 28574
Tax Parcel ID: 24-5
NC Pin Number: 431800764608
Pierce, John M. & Elizabeth
C/0 Michael Pierce
2949 Catherine Lake Rd
Richlands, NC 28574
Tax Parcel ID: 24-6
NC Pin Number: 431800764326
Pierce, John & Elizabeth
685 Five Mile Rd
Richlands, NC 28574
Tax Parcel ID: 24-6.2
NC Pin Number: 431800763247
Pierce, John M. & Elizabeth
C/0 Michael Pierce
2949 Catherine Lake Rd
Richlands, NC 28574

Tax Parcel ID: 24-6.3
NC Pin Number: 431800762188
Pierce, John & Elizabeth
C/0 Janet M Pierce
P.O. Box 468
Beulaville, NC 28518
Tax Parcel ID: 24-8
NC Pin Number: 431800752857
Pierce, George L. & Virginia Mae
782 Five Mile Rd
Richlands, NC 28574
Tax Parcel ID: 24-9.1
NC Pin Number: 431800750447
Pierce, George L. & Virginia
782 Five Mile Rd
Richlands, NC 28574
Tax Parcel ID: 24-10
NC Pin Number: 431800658127
Pierce, Joe H. & Ellen
735 Five Mile Rd
Richlands, NC 28574

•

SE;V? 3Y:Wilmingtcn Cistrict ; 3-t4-99 9:43 LSaGE-Reg, Branchy
..
July Z0, I994
RaQti,tlatory 8zaach
Action ID Mo. 199304406 aa8 Slats Permit No. 12T-93
City of daekeoavilla
Poet Ofi'io• Sox lab
Jaokaonvilla, a~7orth Carolina ]8540
Ga;itlameaz ~
97579734523;# 2
Through, coordination rith the North Carolina Division oP Coastal
Maaagaattarit, yra have learned o! the ameadaasent of your elate permit that
tuthori:as you to upgrades a aastavater eollaation system, oonatruet a pip
•tatioa, imetall a fovea ~naiaa sad construct a pratraatmeaat facility .arid spray
field aamplsx •PfaatinQ Charsay, 8riason Blue, 8outhw-sat Crabks, 8asidy gun,
Burnt tiousa 8raaeh and the Now Aivar, Jaoksonvilla, Oaslor County, ~Pozth
Caroliaa. This aasaendaas~nt provides !or the modif3oatioae detailbd iaa year
laetez of Docsmbor 28, 1989, to !~, Btaphani• Eriggs of the Horth Carolina
Divisoa of Coastal xariaQamant.
Yous rarrieed proposal has ba.sa ravierrad and is ooasistaat with the
provisions ats$ objacti+ra• a! general pea:mit No, C$HA11-0080-Ht-000-0791.
Tharetora, you may cammaae• aonstruetioa nativity is strict accordanoa with
Youz' amoaded States authorisation. Hailure to comply with the Htate
authorisation oar aoaditioas of the general permit could result is civil sad/ar
adaaia1lstrative paaaltias.
x! anY turthez change in your work is ragctirad baaausa of unforasaea or
altered oo>aditiens oz !or any other reason, places revised to sho.r the ahanga
mutt ba sent promptly to this offices axed the ~Porth Caroliaa Division o!
Coastal akaaagament prior to performing «ny such ahaaQa or ^lteration. 8uoh
antion is neoaaeary a• revised plans must be reviawred sad the authorisation
modiliod.
Quastioas or eoasmserits may b• addressed to Hr. Jeff Riehtas, wilmingtoa
Field Otfiaa, Regulatory Sranoh, talaphoaa 1910) 751-4636,
8ineazaly,
a. Wayaa iPright
Chief, 3tagulatozy
~[IISS: j r~ ax . 7
C88A1r-CO-81/ =/m,~
C$BA~1-CO-$/ ~g
caeAN-co-s/ /e
ffi]-ZL 9 - 2
e$HAa~ - /azLas
Hranah
C

SEiVT 6Y~Wilmington District 1-.4-99 944 ; USAGE-Reg. Branch-+ 97578734523;# 3
-]-
Copiaq risraiahade
3tr . Jvha Dorna~r
Divioioa of 8aviroamaatal
~daaaQemaat
North Carolina Departmoat o!
3avisonansnt, Haalth aad
Natural Raaourcae
Pont Offiesa Bax 99535
Raleigh, North Carolina 276]6-0635
ldr. JOhri Parker
Division of Coaotal 1[assagamaat
North Caroliaa bapartmaat o!
Rnviroamaat, Healtk aad
Natural Aasourcar
Pont office Sox 27687
Ralaiy~h, North Caroliaa 2761,1-7687
qtr. C. Stobarc Stroud, Jr.
9vilmington RaQion~-1 oifie•
Ltorth Carolina Diviaioa
o! Coastal xaaaQamant
197 Cardinal Drive Sxtaaaion
ovilmiagLOn, xarth Caroliaa 39405-3845
B13ad Copy Furniahade
C8871N-CO-B/Ralaal

acr; nt•~Nirmingtan uistrict
Reytislatory 8ranah
;lY-i4-~o ~ io.i4 . uon:.c-neg, arancn~
.-.~ ~ "~~
7oacem~bar 21, 1993
Actions ID No. 199301406 and State Permit Ido. I27-93
City of Jaokaoaville
PoaL Offiaa Box 128
Jaokaossvilla, bTorth Carolina ]8540
Casstlaman ~
v I:,JNiJ•.dLJlp L
Aefarence yastz application tar a Department o! the 1-tmy (DA) permit to
ugQrade a waate~ratar aollsatioa eyatem, conatruat a pump atatioss, install a
fozoa main and aonetruat a pretreatment £aeility and eprny field aomplsx
affectiaQ Chaney, Srinaoa Blue, Southveat Creeks, Sandy Run, Surrst 8otxa•
Hrarseh and the New B.iver, JaCkaonvilla, Onalor County, Horth Carolina.
Your proposal has been revieasd atsd found to be oaaaietmat xith the
proviaiona and obj4etive~ p~ Bensral permit Dio. CBSA9f•C080-N-000-0191.
Therefore, you may eommanaa coaetruation activity in atriat aeeozdanoa with
applicable Btata authorisation and the aaoloaed place, pailura to ooaaply rith
the @taee authorisation ar coaditioxse of the general permit could raasslt in
oivil and/or admirsiatrativa peaaltiaa.
I= ~Y change in your work is regained because of unloroaaeA or altered
coaditionm or for any other reason, plarss roviaed to ahaw the change muac bs
sent prompCly to thin offioa nerd the forth Carolina Division of Coastal
• 1[aaaQameat prior to porforaiin9 nay such ahaage or alteration. 8uoh action is
rsacsaaary as reviasd plarsa muac b• reviewed sad the authorisation modified.
Quaetioaa ar comments may be addraaaed to Mz. Jeffery Richton, iPi7.m.ington
Fia1Q Offiaa, RaQulatozy Branch, telephone [phone].
8incarely, ]dVSBrJRJCXI2
C=SAii-CO-SL/R R/mj
CSSAi~-CO-$/ NBR
C3SA10-CO-$/ /e
MAIL 1 ~L~(~~~i
A. 10ayna ~PfriQht CESAtP-CO-S/FIL$6
Chief, Regulatory 8ranoh
Bnaloeura

atitii dr:w.im~ngcon u~stiricz ;ic-la-au ; lo•i4 ; uax~t-~ceg. ~rancn,
--,
-7-
Copiaa Furai~hed rieh ~acloaura~
NOaA, bt08, Coant a Gaodetie Buzvay
DSappinq and Charting ezanch
Bouraa Data Itnit, N/CST2Z11, Sta 7317
1315, i:aet-None Flighray
8iivfs Spring isa 2091D-3233
i~r . John Doraoy
Division o! itaviroamantal
isanagwa-ant
North Carvliaa Departmaat of
Envirorimarat, Haalth and
Natural Rar~ouroas
Post O!liea Sox 79535
Raleigh, at'orth Carolina 27626-0535
Dsr. Thomas T~Palborn, Chiaf
4.9. Savironmantal Arotaetion
Agaaay - itagion IV
tsatlanda RaQulatory Unit
345 Courtlaad etzeat, 1~P.8.
Aelaata, OA 30]65
. Mr. John parkas
Division o~ Coastal i~aaagssaeat
Nozth Carolina D~partmarst of
3nviroaawnt, 8aalth aad
Natural Resourq~•
Pont Offic• Sox 27687
Raleigh, North Carolina 77611-7687
ass. L. X. (inks) Oaazt
't7.8. i*ifh aa8 1Pildlii• 19asvia•
Bish aAd 9Pildlif• 8nhanaam~at
Pont Office Box 33776
RalaiQh, North Carolina 27636-37x6
Dtr. Larzy Hardy
National tsarina >*isberiaa Sarviee
Pivars Island
Baaufart, Divrth Caralinw 78516
asr. tlallaoo Di. Sharron, nizeator
Btata Droperty Office
atorth Gazoliaa Dopaztment of
ndminiatratiaa
116 1Paat Jo=tst< Straat
italaigh, North Carolina 27603-80D3
is2'. Charlaa JOAIf
iSorahaa8 City Regional Otiiaa
North Carolina Diviaioa
of Coastal idanagomant
Pont Office Box 769
a[ozeh•ad City, North Carolina ]8557
ci~icro~~cs~.r ~

•
•

s ~
FCtTntl CtR35
AMENDED
~~ ~ ``~2
~~~~~
hermit
for
X 'v:ajor Development In ar. Area of finvirotuncntai Conccm
pursuant to NCGS 113.1-I1$
X Excavation anilJor filling lxttsuarst to N('GS l 13-229
Ptrmit Iv'ua,bcr
Issued ro Cif of Jacksonti~iIte, Y. O. Box 128, Jacksonville, :~C 28541
authorizing development in Onslow __ County at _ New. River Cfianey Creek and
several minor tributaries _ as roquestec: in tltr ixrrrji;ir~'s apf,licatinn dated letter dais 12/2$/93,
Phis ixtmit, issued on _._~~X ~, . 1994 ~ .._, is subject to compliance with the application (where cansistcnt
with the permit), ttll applicable regulations, special conditions and nrnes set foNt Ixlow, Any violation of these temts ntay he
suhject to a fine, imprisortanettt or civil action; or may cause the permit to be null 2nd voirt.
Wetland Miti io
1) A Water Quality Certification shall be obtained from the N. C. Division of Enviranrnent~tl
Managemertt prior to commencement of any work. The conditions of that Certification will be
adhered to strictly. Any violation of that Cortifit:ation will constitute a violation of this permit.
2) Frior to completion of tl'ie project, mitigation to compettsate for the unavoidable wetland loss at
the Pre-treatment Site will be provided by restoration of wetlands. At a minimum, restoration
of wetlands will include 20 acres of pocosin and 1 S acres of bottoniland hardwood swamp forest.
3} Restorati+?n or creation of wettands will be accomplished in accordance with specifications
contained in the U, S. Arniy Corps of Engineers' Compcrtsatory Mitigation Guidelines.
PrCp;ir;tti~n of tlir lrtau att~i its aPPmval will hr cnnrdinaiCd with the Wilmir>gtou Fiold OCft4~,
{See attached sheet for Additional Conditions)
This p:;trnit action may tie appealed by the permittee or
other quatified persons witi~in tw~crtty {20) days of the
issirng date. An apxal requires resolution prior to work
initiali;x: a-cantittuancc, a5 tau case may be.
This i":~mt't trust bC dCCCSSiI?1C an-site to Department
pc,nt7, net when the Fmj~ct is inspc;utcd for compliance.
Any :nair,tct~ancc work or project mndifcAt9on not
cnvcred hereunder requin:s fusilier 1~cpartmental approval.
A't work tn;,st cease when tht pctmit expirCS on
i11 issuing this permit, the State c?tNctrth Carolinw agrcc~
that your p~Cject is consistent with the hort}i Carolina
Coastal Mana~erncnt Prat;ram.
DEL: 919715255 dui 11.94 12 46 tic.u~4 P.J1
Post-It'' bra: id fex trersmittal memo 7671' * of pages - ,~ I ~~
. r _ ~ raw, ~. ~ .l S'

,~
-~
,ry
~'C.~~O~ -~T ~ l
.xM~,~ ,7 -~7 J
~~~~~~~
Signed by the authority of the Secretary of DEHl`R and the
C'hainnat~ of the CoAStal Resources Comrtissicn.
~~.,OQ_.;.,~. egCr N. SchecCer, Directc~:
~IVtSiOn of COaSltli Vt1n,1~,Cltlcnt
TtriS t7Crmit and i;s ct~ntlitonti are ftetr~y accepted
_ Signature o('Pcrnzitrcc
~o.~o~o-ow.o-vJ~o~oro-o.~ •a,o~w o..o.•oro~

DIV*~DRSTH~~Mu"!T* DEL 91G~1~0~~5 J -
. ~ - ~ . 94 I~ ~ 4r, ~d,; . OF)4 P . ~2
.c,.o~,ro rora-ororowww..~,.o,,.v 'd~e...~,..~,,.~„
City of .Tacksonville Permit X127-93
Page 2 of 3
AI~DTTIONAL CONDITIONS
Regulatory Brandt, R~it;nit~gton District, Corps of Engineers, tcI~phone [phone]b.
Although site specific. changes in these Guidelines may be warranted, they will be adhered to
wlxi-e possible.
a) Pte-construction substrate and wetland contours will be restored, No excess fitl material will
remain in wetlands after each crossing of wetlands is cornplcted. Pipeline crossings of wetlands
will result in no elevation change between pre-project and post-project grades. Att excess
material witl be removed to a highground retention area.
ca~va14t1 Intl Filli
5) Archaeological resources. have been identified in the. project area. The permittee shall consult
with the 17ivision of Archives and Ilistory prier to commencement of any work. For further
infortnation, contact Renee Gledhill-Early at [phone].
6) If the permlttee discovers any previously unknown historic or archaeological remains wtulc
accornpTishing the authorized work, he will immediately notify the Wilmington listrict Engineer
who will initiate the required State/Federal coordination.
7) No excavated or fill material will be placed in any location or in any tnanncr so as to impair
surface water flaw into or from aay wetland area.
8) fixisting roads will be used in the irrigation fields on the Land Treatment Site. No new road
construction or modification (widening/extension) of existing roads will be accomplished in
wetlands, ot}tcr than the removal of the Soud~wesi Creek bridge and tht construction of a low
water bridge/concrete culvert structure in its place.
9) No ditcl~cs, at the Land Treatrncnt Site, will be cxcavatcd adjacent or within wetlands so as to
alter the hydrology of any wetlands.
10) Fabric pens or other containment devices must be used to hold suitable cxcavatcd materials.
Unsuitable or excess materials must be removed to approved highground disposal sites.
I1) The fill material used fur development of the Pre-Treatment Site will lie clean and free of any
pollutants, except in trace quantities. Nictal pr•oduets, organic materials, or unsightly debris wilt
not be used for frll.
ATE: Work within highway rights-oC-v~~ay must receive review and approval through the
Higl~~way District Office of the N. C. Divisi~~n of Highways in Jacksont~iIlc, N. C.

DID'*CO~STHL*M~M'* TEL: 919~15J2~5
•
Ju i ~ ~ g4 12 : A6 ~Jc .~~;4 ~ . ~3
City of Sacksonvilk Permit A~12~-93
Page 3 of 3
ADDITIONAL COl~'DI'I'IONS
NOTE; An Erosion and Sedimentation Control Plan must be submitted to al~d approved by the
Division ~f Land Resources in Wilmington, N. C, prior to commencement of work.
Ca11 (9I0) 395.3900 for further information.
1~'OTE: Easements must be obtained from the State Property office for the crossing of Ncw River
and. of any other navigable creek. Contact {919) 733-43db for further information.
C)TF: The permittee should work with the Public Hcald~ Pest Management Section of the
Division of Environmental Health to develop a plan for preventing mosquito problems
at the construction and -local disposal sites.
•~

• APPENDIX G -MITIGATION PROPOSAL
A wide of variety of compensatory wetland mitigation alternatives have been
evaluated for the unavoidable impacts to 25.56 acres of forested wetlands and 5.54
acres of permanent conversion of forested wetlands to an herbaceous community
associated with the expansion and upgrade of the LTS. The alternatives included
both on and offsite wetland restoration, enhancement and preservation, North
Carolina's Ecosystem Enhancement Program and the Hoffman Forest Wetland
Mitigation Bank.
A brief summary of the mitigation alternative evaluations are provided below
followed by the mitigation proposal, which also includes mitigation for unavoidable
impacts to 400 linear feet of intermittent channel on the Proposed South Lagoon
site.
Onsite Evaluations
Onsite mitigation opportunities evaluated include creation, restoration,
enhancement and preservation. Wetland creation, restoration and enhancement of
hydrologic regimes internal to the LTS and adjacent to existing irrigation fields
could potentially reduce infiltration rates in the existing spray zones. This
interference would be counter productive to the expansion, resulting in greater
potential impacts to accommodate the drop in irrigation rate. Therefore, these
• options were dismissed. However, there remains the potential for wetland
restoration within Parcel 12 and wetland preservation within Parcels 2, 3, 11,12 and
23.
Two areas within Parcel 12 were identified as potential wetland restoration /
creation sites based on a preliminary evaluation (Figure G-1). Area 1 is
approximately 6.2-acres in size and is partially covered by hydric soils, adjacent to
existing wetlands and water currently following offsite could potentially be diverted
to hydrate the site. Area 2 is approximately 2.1-acres in size and is primarily a
fallow agricultural field located between the natural gas ROW and the eastern side
of the proposed South Storage Lagoon.
However, after further evaluation, use of Area 1 or Area 2 on Parcel 12 does not
appear to be feasible. Area 1 would require extensive earthwork including
excavation of approximately 1-3 feet of soil across the site so that water from the
adjacent ditch could be intercepted and used to hydrate the site. In addition, Area 1
is planned to be a contractor lay-down area during construction of the South
Storage Lagoon. If Area 1 is used for mitigation, another contractor lay-down area
would need to be identified or the mitigation postponed until after the construction
of the lagoon. ,
Field verification of existing topographic maps suggests Area 2 does not have a
large enough watershed to provide the required hydrology needed to create a
• wetland across the site. However, the potential to establish a small intermittent
G-1

conducted between July 1 and September 30. The following tasks will be
conducted _on site.
The following activities comprise the stream monitoring plan.
1. Photographs showing an upstream and downstream view of the
stream taken from fixed stations. The photos will be taken from a
height of approximately five to six feet. Permanent markers will be
affixed at the photo site indicating the direction the photo is to be
taken. The photos and a map of their locations will be included in the
monitoring reports.
2. Channel stability will be determined by annually monitoring changes in
permanent cross-sections of selected riffle and pools, longitudinal
profile and bed material (as appropriate)
• Buffer
A maximum buffer of 100 feet from the edge of bank will be designated
except for adjacent areas where required site improvements may encroach
on this 100-foot buffer. In these areas, a minimum buffer width of 30 feet is
proposed.
•
•
G-5

stream channel does exist. See the recommended location for potential stream
restoration in Figure G-1_a_nd_the stream mitgation_proposal below. ___
Parcels 2, 3, and 23 contain approximately 584, 124, and 90 acres of wetlands,
respectively, which are not suitable for irrigation. Figure G-2 shows a nearly
contiguous 640 acre tract of wetlands that is located along the southern property
boundary of Parcels 2, 3, and 23. These numbers exclude access roads and the
power ROW which crosses the southern portion of Parcel 2. Preservation of the
above referenced 640 acres could be a component of a larger mitigation package.
Additional onsite preservation opportunities exist on Parcels 11 and 12. Combined,
these parcels contain approximately 51 acres of wetlands which are outside of the
limits of construction specified for the proposed lagoon (Figure G-3). These
wetlands also contain approximately 37 acres of upland inclusions which create a
somewhat unique habitat in the Southwest Creek flood plain. Preservation of the
above referenced 88 acres of wetland /upland mosaic could be a component of a
larger mitigation package.
Offsite Evaluations
Preliminary assessments were conducted at approximately 20 sites within Onslow
County, with some being as far away as 15 miles to the east of the site near the
Hoffman Forest. The sites were selected because they showed favorable mapped
• conditions, including: little topographic relief, hydric soils, and adjacency to existing
wetlands and streams. These potential restoration /creation sites were evaluated
to further refine the search for potential mitigation acreage. Based on this process,
a portion of Parcel 22 represented the most practical property to conduct wetland
restoration in the vicinity of the project area (Figure G-4).
Parcel 22 is approximately 577 acres in size. Most of this site is suitable for
wetland restoration /creation and, as such, has the potential to provide wetland
restoration /creation opportunities in excess of what is needed for the LTS
Expansion and Upgrade Project. However, the property is currently being sold to a
developer and the $3.2 million sale price makes the property cost prohibitive.
The Brookview Lagoons, located within the 100-year flood plain of the New River,
were evaluated for potential use as a wetland restoration site (Figure G-5). These
man-made lagoons, which total approximately 21.5 acres in size, served as part of
the City's wastewater treatment system until the late 1970s.
Approximately 26 acres of wetland restoration could be achieved at this site based
on lagoon construction plans provided by the City. Restoration of the lagoons would
require the placement of approximately 100,000 cubic yards of fill material in the
lagoons and the grading down of the lagoon berms.
The Brookview Lagoons represent an excellent opportunity for wetland mitigation
that could directly affect the water quality of the New River; however, the wetland
• restoration at the Brookview Lagoons would be out-of-kind. The wetlands being
G-2

impacted as a result of the project are palustrine/nontidal and those which would
__ _ .result from. the mitigation wouldb_e riverine/tidal __
In addition, hauling the soil needed to fill the lagoons would be cost prohibitive and
would significantly increase the amount of traffic through a residential
neighborhood. Approximately 40 dump truck loads of material per day for 260 days
would be needed to provide the required fill. Not only is this a massive undertaking
due to the amount of fill required but the transport of the material will have a
negative impact on the communities and road infrastructure leading into the
Brookview Lagoons. For these reasons, mitigation at this site is not advised.
Two abandoned lagoons within Northeast Creek Park were evaluated for their
potential use as mitigation sites (Figure G-6). Unfortunately, since being
abandoned, wetlands have developed within the bottom of each lagoon with the
exception of a 2.3 acre open water system that still exists within the lagoon to the
south. The Northeast Creek Park Lagoons were eliminated as potential mitigation
sites because of the limited opportunity to conduct wetland restoration.
Currently, the Hoffman Forest Wetland Mitigation Bank has 8 credits (acres) with
another 30 credits likely to become available within the next two months. The
additional credits will be released by the MBRT once new water control structures
are installed.
• The North Carolina Ecosystem Enhancement Program (EEP) was not considered
based on agency response on other projects.
Proposed Mitigation Package
Wet/and Mitigation
to order to mitigate for the unavoidable permanent wetland impacts associated with
this project, the City proposes a combination of onsite wetland preservation and
offsite wetland restoration.
To mitigate for the permanent conversion of approximately 5.54 acres of forested
wetlands the City proposes to preserve approximately 51 acres of wetlands with 37-
acres of upland inclusions on Parcels 11 and 12 (Figure G-3). Preservation of the 51
acres represents a 9.2:1 mitigation ratio for permanent conversion while not
considering the ecological value of the uplands. The above-referenced acreage also
provides buffer along one side of Southwest Creek and Stewart Branch for
approximately 4,900 and 4,350 linear feet, respectively. The buffer varies in width
from 30 to 1,300 feet wide along the two streams.
The City proposes to compensate for the permanent forested wetland impacts by
preserving approximately 640 acres of wetlands within Parcels 2, 3, and 23 (Figure
G-2) and by purchasing 25.56 credits from the Hoffman Forest Mitigation Bank. The
combination of preservation on Parcels 2, 3, and 23 and the purchase of credits at
• Hoffman Forest provide 1 acre of restoration and 25 acres of preservation for each
acre of permanent impact.
G-3

• -- _.
Stream Mitigation
In order to mitigate for the unavoidable permanent filling of 400 linear feet of
intermittent ditched stream channel, the City proposes to create approximately 400
feet of intermittent channel as shown in Figure G-1. The proposed location of this
channel is in a natural topographic depression that is well suited for channel
construction.
The objectives of this channel creation are summarized below in terms of hydraulics
and biology.
1. Hydraulics-Reduce shear velocities to reduce excess transport of sand and
fine sediment to Stewart's Branch.
2. Biology-Provide habitat conducive to micro- and macro-fauna establishment
and allow for upstream and downstream movement on an intermittent basis.
The channel proposed for impact is approximately 4 feet wide and 1 foot deep. A
Perennial Flow assessment was conducted in January 2006, which determined the
channel as intermittent. The substrate was estimated to have a Dso in the medium
sand range (i.e., 0.2 mm). There is little sinuosity (~1.1) to this channel. It appears to
• have been channelized at some point in the past.
Natural channel design (NCD) methodology will be used to design and construct the
channel. Local reference information will be used to develop appropriate
dimensionless relationships for construction of proper channel plan, section and
profile appropriate for the existing valley type and slope.
• Revegetation and Site Stabilization
The floodplain and stabilization of the stream and floodplain will be achieved
through the use of erosion control blankets and the establishment of
vegetation. Natural fiber erosion control blankets (e.g., jute) will be installed
on the outside bend of most meanders to decrease erosion. The bottom 12
inches of fabric will be keyed into the stream bed. The remainder of the
blanket will secured through the use of metal hooks. Black willow stakes will
be installed at 3-foot spacings along the jute to secure and to expedite
revegetation along the meanders. An appropriate wetland, herbaceous seed
mix will be used to quickly revegetate the floodplain. All appropriate
standard engineering practices will be utilized to stabilize the site.
• Mitigation Monitoring
Stream monitoring will be conducted for three consecutive years following
construction. All tasks will be performed once a year during the specified
monitoring year, unless stated otherwise. The annual monitoring will be
G-4

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'`~~'~ `' ,y~, ~, aF ~~~, ~ *' ''° Effluent Storage Lagoon Expansion Site
. ~:,,, ~,,~ '~•4 ~. ~,~~ Wetland and Upland Preservation
., _ . .
'°'`~>~; ew^.~ ;~•r•, ~ -'P~; FEMA Flood Hazard
Note: ~'~;.~ .. •. .,.~_:.-~ Streams ,.
Wetland limits have been delineated and mapping is based upon ~,
curve data b Parker and Associates and sub-meter GPS derived ~'~` " ~` ~ „' ~..~. Limits of Construction
r
data from MPI. ~~' ~~ ~~ '' To of Berm
p
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m~ ;, a~"' t~w Toe of Berm
Sources: x}; +~ ~
Aerial Photos -City of Jacksonville, NC, ITS Department ~v_ .~ .r '
Parcel Boundaries -City of Jacksonville, NC, ITS Department ~: ~~~~~ ,'~ ~•
FEMA Flood Hazard Lines -City of Jacksonville, NC, ITS Department .$ " ~'•_ •''° -i00 0 400 800
y~~"'.~
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Streams - ESRI .-+c~° ~:,~.,e ~~ '~,~ 1,~'•~` Fe F,
,:. .q
ciTY of ~acKSONVi~~E. NORTH caROUNA ONSITE WETLAND PRESERVATION Ma~co~M r~'R"'E. ~~,._.
~ LAND TREATMENT SYSTEM UPGRADE PARCELS 11 AND 12 OCTOBER 2006
' AND EXPANSION
scA~E: ~'~ = aoo' FIGURE G-3
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Sources: ~,.
Aerial Phota -City of Jacksonville, NC,~~~
CITY OF JACKSONVILLE. NORTH CAROLINA
LAND TREATMENT SYSTEM UPGRADE
AND EXPANSION
~: , ~__ __~o o zoo aoo
FPPf
OFFSITE RESTORATION
BROOKVIEW LAGOONS
SCALE: 1" = 200
MALCaLM PIP,NIE, INC.
OCTOBER 2006
FIGURE G-5

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