GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
SESSION LAW 2017-113
SENATE BILL 545
AN ACT to allow the installation of a public Safety telecommunications facility in Chimney Rock State Park, to accept certain other properties as part of the state nature and historic preserve, and to remove certain lands from the state nature and historic preserve.
Whereas, Section 5 of Article XIV of the North Carolina Constitution authorizes the dedication of State and local government properties as part of the State Nature and Historic Preserve upon acceptance by a law enacted by a three‑fifths vote of the members of each house of the General Assembly and provides for removal of properties from the State Nature and Historic Preserve by a law enacted by a three‑fifths vote of the members of each chamber of the General Assembly; and
Whereas, the General Assembly enacted the State Nature and Historic Preserve Dedication Act, Chapter 443 of the 1973 Session Laws, to prescribe the conditions and procedures under which properties may be specifically dedicated for the purposes set out in Section 5 of Article XIV of the North Carolina Constitution; and
Whereas, more than 7,900 acres have been added to the State Parks System since the last dedication and acceptance of properties as part of the State Nature and Historic Preserve pursuant to a petition to the Council of State dated May 6, 2014; and
Whereas, in accordance with G.S. 143‑260.8, on May 2, 2017, the Council of State is scheduled to vote on a petition to the General Assembly to enact a law pursuant to Section 5 of Article XIV of the North Carolina Constitution to dedicate and accept properties added to the State Parks System and designated in the petition for inclusion as parts of the State Nature and Historic Preserve; and
Whereas, as a part of its petition of May 2, 2017, the Council of State is also slated to request that the General Assembly remove certain properties from the State Nature and Historic Preserve; and
Whereas, G.S. 143B‑135.54 provides for additions to, and deletions from, the State Parks System upon authorization by the General Assembly; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 143‑260.10 reads as rewritten:
"§ 143‑260.10. Components of State Nature and Historic Preserve.
The following are components of the State Nature and Historic Preserve accepted by the North Carolina General Assembly pursuant to G.S. 143‑260.8:
(1) All lands and waters
within the boundaries of the following units of the State Parks System as of May
6, 2014: May 2, 2017: Baldhead Island State Natural Area, Bay Tree
Lake State Park, Natural Area, Bear Paw State Natural Area, Beech
Creek Bog State Natural Area, Bullhead Mountain State Natural Area, Bushy Lake
State Natural Area, Carolina Beach State Park, Carvers Creek State Park, Cliffs
of the Neuse State Park, Chowan Swamp State Natural Area, Deep River State
Trail, Dismal Swamp State Park, Elk Knob State Park, Fort Fisher State
Recreation Area, Fort Macon State Park, Goose Creek State Park, Grandfather
Mountain State Park, Haw River State Park, Hammocks Beach State Park, Jones
Lake State Park, Lake Norman State Park, Lea Island State Natural Area, Mayo
River State Park, Medoc Mountain State Park, Merchants Millpond State Park,
Mount Mitchell State Park, Occoneechee Mountain State Natural Area, Pettigrew
State Park, Pilot Mountain State Park, Pineola Bog State Natural Area, Raven
Rock State Park, Run Hill State Natural Area, Sandy Run Savannas State Natural
Area, Singletary Lake State Park, Sugar Mountain State Natural Area, Theodore
Roosevelt State Natural Area, Weymouth Woods‑Sandhills State Natural
Area, and Yellow Mountain State Natural Area.
(2) All lands and waters
within the boundaries of William B. Umstead State Park as of May 6, 2014, May
2, 2017, with the exception of Tract Number 65, containing 22.93140 acres as
shown on a survey prepared by John S. Lawrence (RLS) and Bennie R. Smith (RLS),
entitled "Property of The State of North Carolina William B. Umstead State
Park", dated January 14, 1977 and filed in the State Property Office,
which was removed from the State Nature and Historic Preserve by Chapter 450,
Section 1 of the 1985 Session Laws. The tract excluded from the State Nature
and Historic Preserve under this subdivision is deleted from the State Parks
System in accordance with G.S. 143B‑135.54. The State of North
Carolina may only exchange this land for other land for the expansion of
William B. Umstead State Park or sell and use the proceeds for that purpose.
The State of North Carolina may not otherwise sell or exchange this land.
(3) Repealed by Session Laws 1999‑268, s. 2.
(4) All lands within the
boundaries of Morrow Mountain State Park as of May 6, 2014, May 2,
2017, with the exception of the following tract: That certain tract or
parcel of land at Morrow Mountain State Park in Stanly County, North Albemarle
Township, containing 0.303 acres, more or less, as surveyed and platted by
Thomas W. Harris R.L.S., on a map dated August 27, 1988, and filed in the State
Property Office, reference to which is hereby made for a more complete
description.
(5) Repealed by Session Laws 1999‑268, s. 2.
(6) All land within the
boundaries of Crowders Mountain State Park as of May 6, 2014, May 2,
2017, with the exception of the following tracts. The tracts excluded from
the State Nature and Historic Preserve under this subdivision are deleted from
the State Parks System in accordance with G.S. 143B‑135.54. The
State of North Carolina may only exchange this land for other land for the
expansion of Crowders Mountain State Park or sell this land and use the
proceeds for that purpose. The State may not otherwise sell or exchange this
land.
a. The portion of that certain tract or parcel of land at Crowders Mountain State Park in Gaston County, Crowders Mountain Township, described in Deed Book 1939, page 800, and containing 757.28 square feet and as shown in a survey by Tanner and McConnaughey, P.A. dated July 22, 1988 and filed in the State Property Office.
b. The portion of that certain tract or parcel of land at Crowders Mountain State Park in Gaston County, east of and including the right‑of‑way along and across Old Peach Orchard Road, as shown in a survey by the City of Gastonia, File No. 400‑194, dated November 23, 1998, and filed in the State Property Office.
c. The portion of that certain tract or parcel of land at Crowders Mountain State Park in Cleveland County, described in Deed Book 1286, Page No. 85, located on the north side of SR 2245 (Bethlehem Road) and containing 14,964 square feet as shown on the survey entitled "Survey for Crowders Mountain State Park, Deed Book 1103‑107, Township 4 Kings Mountain, Cleveland County, N.C." by David W. Dickson, P.A. dated February 28, 2008.
d. The portion of that certain tract or parcel of land at Crowders Mountain State Park in Cleveland County, described in Deed Book 1286, Page 85, and containing 0.06 acres and 0.515 acres as shown on the survey entitled "Boundary Survey for the State of N.C. Department of Administration, Township No. Four Cleveland County, N.C." by Carolinas Design Group, PLLC, dated November 6, 2007.
e. The portion of that certain tract or parcel of land at Crowders Mountain State Park in Gaston County, described in Deed Book 2829, page 518, and containing 0.15 acres as shown on the survey entitled "Survey Made at Request of Larry Hyde, Park Superintendent, Crowders Mountain State Park" by Gray Surveying Co., Inc., dated September 12, 2012.
(7) All lands owned in fee
simple by the State within the boundaries of New River State Park as of May
6, 2014.May 2, 2017, with the
exception of the following tracts: The portion of that certain tract or parcel
of land at New River State Park in Ashe County, Chestnut Hill Township,
described in Deed Book 432, Page 724, and containing 44,033 square feet as
shown on the survey prepared by Thomas Herman Company, PLLC and entitled "Survey
for State of North Carolina, Division of Parks and Recreation; Harold Davis;
and Joe Davis" dated March 24, 2017, and on file with the State Property
Office.
(8) All lands and waters
within the boundaries of Stone Mountain State Park as of May 6, 2014, May
2, 2017, with the exception of the following tracts: The portion of that
certain tract or parcel of land at Stone Mountain State Park in Wilkes County,
Traphill Township, described as parcel 33‑02 in Deed Book 633‑193,
and more particularly described as all of the land in this parcel lying to the
west of the eastern edge of the Air Bellows Road, as shown on the National Park
Service Land Status Map 33 dated March 24, 1981 and filed in the State Property
Office, containing approximately 72 acres. The tract excluded from the State
Nature and Historic Preserve under this subdivision is deleted from the State
Parks System in accordance with G.S. 143B‑135.54.
(9) All lands and waters
located within the boundaries of the following State Historic Sites as of May
6, 2014: May 2, 2017: Alamance Battleground, Charles B. Aycock
Birthplace, Historic Bath, Bennett Place, Bentonville Battleground, Brunswick
Town/Fort Anderson, C.S.S. Neuse and Governor Caswell Memorial, Charlotte
Hawkins Brown Memorial, Duke Homestead, Historic Edenton, Fort Dobbs, Fort
Fisher, Historic Halifax, Horne Creek Living Historical Farm, House in the
Horseshoe, North Carolina Transportation Museum, President James K. Polk
Memorial, Polk, Reed Gold Mine, Somerset Place, Historic Stagville,
State Capitol, Town Creek Indian Mound, Tryon Palace Historic Sites &
Gardens, Zebulon B. Vance Birthplace, Endor Iron Furnace, and Thomas
Wolfe Memorial.
(10), (11) Repealed by Session Laws 2001‑217, s. 2, effective June 15, 2001.
(12) All lands and waters
located within the boundaries of Hanging Rock State Park as of May 6, 2014, May
2, 2017, with the exception of the following tract: The portion of that
tract or property at Hanging Rock State Park in Stokes County, Danbury
Township, described in Deed Book 360, Page 160, for a 30‑foot wide right‑of‑way
beginning approximately 183 feet south of SR 1001 and extending in a southerly
direction approximately 1,479 feet to the southwest corner of the Bobby Joe
Lankford tract and more particularly shown on a survey entitled, "J. Spot
Taylor Heirs Survey, Danbury Township, Stokes County, N.C.", by Grinski
Surveying Company, dated June 1985, and filed in the State Property Office. The
tract excluded from the State Nature and Historic Preserve under this
subdivision is deleted from the State Parks System in accordance with
G.S. 143B‑135.54.
(13) All lands and waters
located within the boundaries of South Mountains State Park as of May 6,
2014, May 2, 2017, with the exception of the following tracts. The
tracts excluded from the State Nature and Historic Preserve under this
subdivision are deleted from the State Parks System in accordance with
G.S. 143B‑135.54.
a, b. Repealed by Session Laws 2007‑307, s. 1, effective July 28, 2007.
c. The portions of land at South Mountains State Park that lie south of the centerline of the CCC road as shown on the drawing entitled "Land Trade between South Mountains State Park and Adjacent Game Lands along CCC Road" prepared by the Wildlife Resources Commission in January 2013 and filed in the State Property Office and that lie within: (i) the tract or property in Burke County, Lower Fork Township, described in Deed Book 495, Page 501; (ii) the tract or property in Burke County, Lower Fork and Upper Fork Townships, described in Deed Book 715, Page 719; (iii) within the tracts or property in Burke County, Upper Fork Township, described in Deed Book 860, Page 341, and Deed Book 884, Page 1640; (iv) within that tract or property in Burke County, Silver Creek Township, described in Deed Book 1847, Page 287; (v) within that tract or property in Burke County, Upper Creek Township, described in Deed Book 882, Page 2347; (vi) within that tract or property in Burke County, Upper Creek Township, described in Deed Book 882, Page 2352; (vii) within that tract or property in Burke County, Upper Fork Township, described in Deed Book 886, Page 1964; (viii) within that tract or property in Burke County, Upper Fork Township, Deed Book 767, Page 1360; (ix) within that tract or property in Burke County, Upper Fork Township, Deed Book 884, Page 1648; or (x) within that tract or property in Burke County, Upper Fork Township, Book 886, Page 2228. The State of North Carolina may only exchange this land for other land for the expansion of South Mountains State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.
d. Repealed by Session Laws 2007‑307, s. 1, effective July 28, 2007.
(14) Repealed by Session Laws 2003‑234, s. 1, effective June 19, 2003.
(15) All lands and waters
within the boundaries of Jockey's Ridge State Park as of May 6, 2014, May
2, 2017, with the exception of the following tracts: The portion of those
certain tracts or parcels of land at Jockey's Ridge State Park in Dare County,
Nags Head Township, described in Deed Book 227, Page 499, and Deed Book 227,
Page 501, and containing 33,901 square feet as shown on the survey prepared by
Styons Surveying Services entitled "Raw Water Well Site 13 Jockey's Ridge
State Park" dated March 7, 2001, and filed in the State Property Office;
the portion of that certain tract or parcel of land at Jockey's Ridge State
Park in Dare County, Nags Head Township, described in Deed Book 222, Page 726,
and containing 42,909 square feet as shown on the survey prepared by Styons
Surveying Services entitled "Raw Water Well Site 14 Jockey's Ridge State
Park" dated March 7, 2001, and filed in the State Property Office; and the
portion of that certain tract or parcel of land at Jockey's Ridge State Park in
Dare County, Nags Head Township, described in Deed Book 224, Page 790, and Deed
Book 224, Page 794, and containing 34,471 square feet as shown on the survey
prepared by Styons Surveying Services entitled "Raw Water Well Site 15
Jockey's Ridge State Park" dated March 7, 2001, and filed in the State
Property Office; and the portion of those certain tracts or parcels of land at
Jockey's Ridge State Park in Dare County, Nags Head Township, described in Deed
Book 227, Page 501, and Deed Book 230, Page 525, and containing 12,655 square
feet as shown on the preliminary plat entitled "Easement Survey for Town
of Nags Head" prepared by Seaboard Surveying & Planning, Inc., dated
August 29, 2012.
(16) All lands and waters located
within the boundaries of Mount Jefferson State Natural Area as of May 6,
2014.May 2, 2017. With respect to the communications tower site on
the top of Mount Jefferson and located on that certain tract or parcel of land
at Mount Jefferson State Natural Area in Ashe County, West Jefferson Township,
described in Deed Book F‑3, Page 94, the State may provide space at the
communications tower site to State public safety and emergency management
agencies for the placement of antennas, repeaters, and other communications
devices for public communications purposes. Notwithstanding In conformance
with G.S. 146‑29.2, the State may lease space at the
communications tower site to local governments in Ashe County for the placement
of antennas, repeaters, and other communications devices for public
communications purposes. State agencies and local governments that are
authorized to place communications devices at the communications tower site
pursuant to this subdivision may also locate at or near the communications tower
site communications equipment that is necessary for the proper operation of the
communications devices. The use of the communications tower site pursuant to
this subdivision is authorized by the General Assembly as a purpose other than
the public purposes specified in Article XIV, Section 5, of the North Carolina
Constitution, Article 25B of Chapter 143 of the General Statutes, and Part 32
of Article 7 [Article 2] of Chapter 143B of the General Statutes.
(17) All lands and waters
within the Eno River State Park as of May 6, 2014, May 2, 2017, with
the exception of the following tracts:
a. The portion of that certain tract or parcel of land at Eno River State Park in Durham County, Durham Outside Township, described in Deed Book 435, Page 673, and Plat Book 87, Page 66, containing 11,000 square feet and being the portion of Lot No. 2 shown as the existing scenic easement hereby removed on the drawing prepared by Sear‑Brown entitled "Recombination Plat Eno Forest Subdivision" bearing the preparer's file name 00‑208‑07.dwg, and filed with State Property Office. The tract excluded from the State Nature and Historic Preserve under this subdivision is deleted from the State Parks System pursuant to G.S. 143B‑135.54. The State of North Carolina may only exchange this land for other land for the expansion of Eno River State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.
b. The portion of that certain tract or parcel of land at Eno River State Park in Orange County, described in Deed Book 3878, Page 461, and Plat Book 98, Page 11, containing 5,313 square feet and required for the permanent easements for bridge replacement project B‑4216 on SR 1002 (St. Mary's Road), as shown in the drawing entitled "Preliminary Plans, Project Reference No. B‑4216" prepared for North Carolina Department of Transportation by Mulkey Engineers and Consultants dated March 10, 2009, and filed with the State Property Office. The tracts excluded from the State Nature and Historic Preserve under this section are deleted from the State Parks System pursuant to G.S. 143B‑135.54. The State of North Carolina may only exchange this land for other land for the expansion of Eno River State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.
(18) All land and waters within
the boundaries of Hemlock Bluffs State Natural Area as of May 6, 2014, May
2, 2017, with the exception of the following tracts: The portion of that
certain tract or parcel of land at Hemlock Bluffs State Natural Area in Wake
County, Swift Creek Township, described in Deed Book 2461, Page 037, containing
2,025 square feet and being the portion of this tract shown as proposed R/W on
the drawing prepared by Titan Atlantic Group entitled "Right of Way
Acquisition Map for Town of Cary Widening of Kildaire Farm Road (SR 1300) from
Autumgate Drive to Palace Green" sheet 1 of 3 bearing the preparer's file
name Town of Cary Case File No. TOC 01‑37, dated 26 September 2003, and
filed with the State Property Office; and the portion of those certain tracts
or parcels of land at Hemlock Bluffs State Natural Area in Wake County, Swift
Creek Township, described in Deed Book 4670, Page 420, containing 24,092 square
feet and being the portion of these tracts shown as proposed R/W on the drawing
prepared by Titan Atlantic Group entitled "Right of Way Acquisition Map
for Town of Cary Widening of Kildaire Farm Road (SR 1300) from Autumgate Drive
to Palace Green" sheet 3 of 3 bearing the preparer's file name Town of
Cary Case File No. TOC 01‑37, dated 26 September 2003, and filed with the
State Property Office. The tracts excluded from the State Nature and Historic
Preserve under this subdivision are deleted from the State Parks System
pursuant to G.S. 143B‑135.54. The State of North Carolina may only
exchange this land for other land for the expansion of Hemlock Bluffs State
Natural Area or sell this land and use the proceeds for that purpose. The State
may not otherwise sell or exchange this land.
(19) All lands and waters
within the boundaries of Lake James State Park as of May 6, 2014, May
2, 2017, with the exception of the following tracts:
a. The portion of that certain tract or parcel of land at Lake James State Park containing 13.85 acres, and being 100 feet to the east and 150 feet to the west of a centerline shown on a survey by Witherspoon Surveying PLLC, dated February 9, 2007, and filed in the State Property Office. The State of North Carolina may grant a temporary easement to Duke Energy Corporation across this tract to facilitate the Catawba Dam Embankment Seismic Stability Improvements Project. The grant of the easement within Lake James State Park to Duke Energy Corporation under this sub‑subdivision constitutes authorization by the General Assembly that the described tract of land may be used for a purpose other than the public purposes specified in Article XIV, Section 5, of the North Carolina Constitution, Article 25B of Chapter 143 of the General Statutes, and Part 32 of Article 7 [Article 2] of Chapter 143B of the General Statutes. The State of North Carolina may use the proceeds from the easement only for the expansion or improvement of Lake James State Park or another State park. The State may not otherwise sell or exchange this land.
b. The portion of that certain tract or parcel of land at Lake James State Park in McDowell County, Nebo Township, described in Deed Book 377, Page 423, and also shown as Tract B on the plat of survey prepared by Kenneth D. Suttles, RLS, dated December 4, 1987, entitled "Lake James State Park," Sheet 1 of 2, recorded in Plat Book 4, Page 275 of the McDowell County Registry, for a 40‑foot right‑of‑way beginning at the southwest corner of Tract B and continuing along the southern boundary 86 38' 51" E for 400 feet to the now or former John D. Walker property. The State of North Carolina may grant an easement across this tract to extinguish prescriptive easements on Tract B to improve management of the State park property. The State may not otherwise sell or exchange this land. The easement excluded from the State Nature and Historic Preserve under this subdivision is deleted from the State Parks System pursuant to G.S. 143B‑135.54.
c. That portion of that certain tract or parcel of land at Lake James State Park in Burke County, Linville Township, described in Deed Book 1431, Page 859, and shown on the survey prepared by Suttles Surveying, PA dated May 2, 2014, entitled "Survey for State of North Carolina," containing 3.41 acres and on file with the State Property Office. The tracts excluded from the State Nature and Historic Preserve under this subdivision are deleted from the State Parks System in accordance with G.S. 143B‑135.54. The State of North Carolina may only exchange this land for other land for the expansion of Lake James State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.
(20) All lands and waters
within the boundaries of Lake Waccamaw State Park as of May 6, 2014, May
2, 2017, with the exception of the following tracts: The portions of that
certain tract or parcel of land at Lake Waccamaw State Park in Columbus County
described in Deed Book 835, Page 590, containing 48,210 square feet and being
the portion of this tract shown as new R/W and permanent utility easement on
drawing prepared by State of North Carolina Department of Transportation
entitled "Map of Proposed Right of Way Property of State of North Carolina
(Parks and Recreation) Columbus County" for Tip B‑3830 on SR 1947
(Bella Coola Road) done by John E. Kaukola, PLS No. 3999 and compiled 1‑18‑2008,
and filed with the State Property Office. The tracts excluded from the State
Nature and Historic Preserve under this section are deleted from the State
Parks System pursuant to G.S. 143B‑135.54. The State of North
Carolina may only exchange this land for other land for the expansion of Lake
Waccamaw State Park or sell this land and use the proceeds for that purpose.
The State may not otherwise sell or exchange this land.
(21) All lands and waters
within the boundaries of Chimney Rock State Park as of May 6, 2014, May
2, 2017, with the exception of the following tracts:
a. The portion of that certain tract or parcel of land at Chimney Rock State Park in Rutherford County being a portion of Parcel 2 as described in Deed Book 933, Page 598, containing 346 square feet and being shown as proposed right‑of‑way for bridge replacement project B‑4258 on U.S. 64 over the Broad River on drawing prepared by Kimley‑Horn and Associates for the North Carolina Department of Transportation and revised October 26, 2007, and filed with the State Property Office. The portion of that certain tract or parcel of land at Chimney Rock State Park in Polk County, Cooper Gap Township, Deed Book 393, Page 1402, containing 6.5 acres more or less and shown on the survey entitled "Plat of Survey for The State of North Carolina" prepared by Stacy Kent Rhodes dated May 15, 2014, and filed with the State Property Office. The tracts excluded from the State Nature and Historic Preserve under this section are deleted from the State Parks System pursuant to G.S. 143B‑135.54. The State of North Carolina may only exchange this land for other land for the expansion of Chimney Rock State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.
b. With respect to the communications tower site on Chimney Rock Mountain located on a portion of that certain tract or parcel of land at Chimney Rock State Park in Rutherford County, Chimney Rock Township, described in Deed Book 933, Page 598, the State may provide space at the communications tower site to State public safety, emergency management, local governments in Rutherford County, and public television agencies for the placement of antennas, repeaters, and other communications devices for public communications purposes. State agencies and local governments that are authorized to place communications devices at or near the communications tower site pursuant to this subdivision may also locate at or near the communications tower site communications equipment necessary for the proper operation of the communications devices. The use of the communications tower site pursuant to this subdivision is authorized by the General Assembly as a purpose other than the public purposes specified in Section 5 of Article XIV of the North Carolina Constitution, Article 25B of Chapter 143 of the General Statutes, and Article 2 of Chapter 143B of the General Statutes.
(22) All State‑owned land
and waters within the boundaries of the Mountains‑to‑Sea Trail as
of May 6, 2014, May 2, 2017, with the exception of the following
tract: The portion of that certain tract or parcel in Johnston County described
in Deed Book 3634, Page 278, containing 4.72 acres and being described as
proposed easement area for Piedmont Natural Gas Company transmission line on
drawing entitled "Easement Survey Prepared for Piedmont Natural Gas
Company, Line 142, Easement to be Acquired from the State of North
Carolina" by McKim & Creed and dated July 31, 2008, and revised March
11, 2009. The State of North Carolina may grant an easement to Piedmont Natural
Gas Company across this tract to facilitate the transmission of natural gas.
The grant of the easement within the Mountains‑to‑Sea Trail to
Piedmont Natural Gas Company under this section constitutes authorization by
the General Assembly that the described tract of land may be used for a purpose
other than the public purposes specified in Section 5 of Article XIV of the
North Carolina Constitution, Article 25B of Chapter 143 of the General
Statutes, and Part 32 of Article 7 [Article 2] of Chapter 143B of the General
Statutes. The State of North Carolina may use the proceeds from the easement
only for the expansion or improvement of the Mountains‑to‑Sea Trail
or another State park. The State may not otherwise sell or exchange this land.
(23) All State‑owned land
and waters within the boundaries of Gorges State Park as of May 6, 2014, May
2, 2017, with the exception of the following tracts: The portions of that
certain tract or parcel of land in Transylvania County, described in Deed Book
267, Page 838, containing a total of 7.26 acres for the North Carolina
Department of Transportation project TIP R‑2409C US 64 Safety
Improvements. As shown on right‑of‑way drawing from the North
Carolina Department of Transportation dated May 22, 2014, for TIP R‑2409C,
Parcel 002, on file with the State Property Office. The tract excluded from the
State Nature and Historic Preserve under this subdivision is deleted from the
State Parks System in accordance with G.S. 143B‑135.54. The State of
North Carolina may only exchange this land for other land for the expansion of
Gorges State Park or sell this land and use the proceeds for that purpose. The
State may not otherwise sell or exchange this land.
(24) All State‑owned land
and waters within the boundaries of Lower Haw State Natural Area as of May
6, 2014, May 2, 2017, with the exception of the following tract: the
portion of that certain tract or parcels in Chatham County, described in Deed
Book 1319, Page 1047, containing 12,501 square feet and shown on a survey
entitled "Recombination Survey for the North Carolina Division of Parks
and Recreation and PK Ventures I LTD Partnership" prepared by S.D. Puckett
and Associates dated April 22, 2014, and on file with the State Property
Office. The tract excluded from the State Nature and Historic Preserve under
this subdivision is deleted from the State Parks System in accordance with
G.S. 143B‑135.54. The State of North Carolina may only exchange this
land for other land for the expansion of Lower Haw State Natural Area or sell
this land and use the proceeds for that purpose. The State may not otherwise
sell or exchange this land.
(25) All State‑owned land
and waters within the boundaries of Lumber River State Park as of May 6,
2014, May 2, 2017, with the exception of the following tracts:
a. The portions of those certain tracts or parcels of land in Robeson County, described in Deed Book 919, Page 862, Deed Book 1097, Page 837, Deed Book 935, Page 170, Deed Book 1125, Page 562, and Deed Book 1117, Page 680, containing a total of 3.39 acres for the North Carolina Department of Transportation secondary road project 6C.078030 SR 2245 (VC Britt Road) and shown on the survey entitled "Survey of Tracts 1A and 1B, VC Britt Rd, Orrum NC" prepared by the North Carolina Department of Transportation. The tracts excluded from the State Nature and Historic Preserve under this subdivision are deleted from the State Parks System in accordance with G.S. 143B‑135.54. The State of North Carolina may only exchange this land for other land for the expansion of Lumber River State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.
b. The portions of that certain tract or parcel of property at Lumber River State Park in Robeson County, described in Deed Book 575, Page 523, and containing approximately 1.08 acre (Tract A) and 0.12 acre (Tract C) as shown in a survey by Jerry W. Lee entitled "Survey for State of North Carolina" dated June 28, 2016. The land described in this sub‑subdivision is deleted from the State Park System in accordance with G.S. 143B‑135.54. The State of North Carolina may only exchange this land for other land for the expansion of Lumber River State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.
c. The portion of those certain tracts or parcels of land at Lumber River State Park in Robeson County, Pembroke Township, described in Deed Book 575, Page 523 and Deed Book 931, Page 415 and containing a total of approximately 2.12 acres as shown in surveys prepared by McKim and Creed and labeled Drawing Number 2017‑041 and 2017‑042 dated April 24, 2017, and on file with the State Property Office.
(26) All State‑owned land
and waters within the boundaries of Mitchells Millpond State Natural Area as of
May 6, 2014, May 2, 2017, with the exception of the following
tract: the portions of that certain tract or parcel in Wake County, described
in Deed Book 2445, Page 62, containing approximately 0.215 acres as shown on
the right‑of‑way plan for SR 2224 (Mitchell Mill Road) bridge No.
162 replacement project and on file with the State Property Office. The tract
excluded from the State Nature and Historic Preserve under this subdivision is
deleted from the State Parks System in accordance with G.S. 143B‑135.54.
The State of North Carolina may only exchange this land for other land for the
expansion of the State Parks system or sell this land and use the proceeds for
that purpose. The State may not otherwise sell or exchange this land.
(27) All lands and waters within the boundaries of Carvers Creek State Park as of May 2, 2017, with the exception of the following tract: the portion of that certain tract or parcel of land at Carvers Creek State Park in Cumberland County, described in Deed Book 8466, Page 67, and containing 0.33 acres, more or less, as shown on the survey entitled "Ingress‑Egress Easement for Stone Mountain Farm, LLC & William C. Elliott, Estate & The State of North Carolina" by George L. Lott, PLS, dated November 2013, and revised in May 2015 and filed with the State Property Office.
(28) All lands and waters within the boundaries of Mayo River State Park as of May 2, 2017, with the exception of the following tracts, to allow construction of an access bridge from a tract or parcel of land owned by the State of North Carolina over the Mayo River, which bridge shall be of sufficient width to allow emergency vehicle and State Park vehicle access for the purpose of addressing public safety issues and service vehicle access to monitor, maintain, repair, or replace the existing sewer line traversing portions of Mayo River State Park:
a. The portion of that certain tract or parcel of land at Mayo River State Park in Rockingham County described in Deed Book 1244, Page 1392, and containing 6.62 acres.
b. The portion of that certain tract or parcel of land at Mayo River State Park in Rockingham County described in Deed Book 1244, Page 1390, and containing .62 acres.
c. The portion of that certain tract or parcel of land at Mayo River State Park in Rockingham County described in Deed Book 1353, Page 2214, and containing .61 acres.
d. The portion of that certain tract or parcel of land at Mayo River State Park in Rockingham County described in Deed Book 1353, Page 2216, and containing .52 acres.
e. The portion of that certain tract or parcel of land at Mayo River State Park in Rockingham County described in Deed Book 1353, Page 2216, and containing 1.54 acres."
SECTION 2.(a) The State of North Carolina shall grant any easements necessary to the Town of Mayodan for construction of the bridge described in subdivision (28) of G.S. 143‑260.10, as enacted by Section 1 of this act, and ancillary parking facilities and for maintenance and repair of existing sewer lines traversing land at Mayo River State Park in Rockingham County. Notwithstanding any other provision of law, no fee, royalty, or other cost shall be imposed for the grant of the easements.
SECTION 2.(b) No later than May 1, 2017, the State shall cause to be performed a survey of State lands necessary for construction of the bridge described in subdivision (28) of G.S. 143‑260.10, as enacted by Section 1 of this act, and maintenance and repair of existing sewer lines traversing land at Mayo River State Park in Rockingham County and shall file said survey with the State Property Office.
SECTION 3. The facility authorized under this act shall be constructed in accordance with the provisions of general law applicable to the construction of State facilities, except as otherwise provided in this section. Notwithstanding any other provision of law, construction of the facilities authorized by this act shall be exempt from the following statutes and rules implementing those statutes: Articles 3 and 8 of Chapter 143, Articles 1 and 4 of Chapter 113A. Notwithstanding G.S. 146‑11 and Article 16 of Chapter 146 of the General Statutes, the approval of the Council of State shall not be required for the granting of easements for the facility authorized under this act. With respect to any other environmental permits required for construction of the facility, the Department of Environmental Quality is directed to expedite permitting of the project to the extent allowed by law and shall waive any application fees that would be otherwise applicable to applications for permits required for the facilities and, where possible under applicable law, issue all permits within 40 days of receipt of a complete application.
SECTION 4. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 29th day of June, 2017.
s/ Daniel J. Forest
President of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 7:00 p.m. this 12th day of July, 2017