GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
SESSION LAW 2022-31
HOUSE BILL 332
AN ACT to accept certain properties as part of the state nature and historic preserve, to remove certain other properties from the state nature and historic preserve, and to make conforming changes.
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
2, 2017: June 7, 2022: Baldhead Island State Natural Area, Bay Tree
Lake State Natural Area, Bear Paw State Natural Area, Beech Creek Bog State
Natural Area, Bob's Creek 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, Fonta Flora State Trail, 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, 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, Pisgah View State Park, Raven Rock State Park, Run
Hill State Natural Area, Salmon Creek State Natural Area, Sandy Run
Savannas State Natural Area, Singletary Lake State Park, South Mountains
State Park, Stone Mountain State Park, Sugar Mountain State Natural Area,
Theodore Roosevelt State Natural Area, Warwick Mill Bay State Natural Area, Weymouth
Woods‑Sandhills State Natural Area, Wilderness Gateway State Trail, and
Yellow Mountain State Natural Area.
(2) All lands and waters within
the boundaries of William B. Umstead State Park as of May 2, 2017, June
7, 2022, 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 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.
a. 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.
b. The portion of that certain tract or parcel of property at William B. Umstead State Park in Wake County, described in Deed Book 13337, Page 2379, and containing 0.15 acres as shown on the survey prepared by Robert T. Newcomb (RLS) entitled "Property of Robert J. Demartini," dated August 1981.
(3) Repealed by Session Laws 1999‑268, s. 2.
(4) All lands within the
boundaries of Morrow Mountain State Park as of May 2, 2017, June 7,
2022, 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 2, 2017, June 7,
2022, 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.
f. The portion of that certain tract or parcel of property at Crowders Mountain State Park in Gaston County, Crowders Mountain Township, described in Deed Book 1240, Page 451, and containing 225 square feet as shown in a survey prepared by R&W Engineering and Surveying entitled "Conveyance of 0.0052 acres owned by Crowders Mountain State Park, Gaston Co., NC" and dated January 18, 1995.
(7) All lands owned in fee
simple by the State within the boundaries of New River State Park as of May
2, 2017, June 7, 2022, 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 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
2, 2017: June 7, 2022: 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, Reed
Gold Mine, Somerset Place, Historic Stagville, State Capitol, Town Creek Indian
Mound, Tryon Palace Historic Sites & and Gardens, Zebulon B.
Vance Birthplace, Endor Iron Furnace, and Thomas Wolfe Memorial.Memorial,
with the exception of the following tracts:
a. The parcel of property at Tryon Palace Historic Sites and Gardens in Craven County, described in Deed Book 1740, Page 575, and located at 308 George Street, New Bern, North Carolina, 28562.
b. The portion of that certain tract or parcel of property at Tryon Palace Historic Sites and Gardens in Craven County, described in Deed Book 1248, Page 699, and containing approximately 4,250 square feet as shown on a survey prepared by Rivers & Associates, Inc., entitled "Easement Survey Map for: The City of New Bern Permanent Utility and Maintenance Easement, State of North Carolina (State Property Office) 116 West Jones Street, Raleigh, NC 27603," dated April 24, 2017.
(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 2, 2017, June
7, 2022, with the exception of the following tracts:
a. 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.
b. The portion of that certain tract or parcel of property at Hanging Rock State Park in Stokes County, described in Deed Book 267, Page 159, and containing 1.53 acres as shown on the survey entitled "Plat of Survey for NC Division of Parks and Recreation showing "Camp Sertoma Tracts"' by C.E. Robertson and Associates, PC, revised April 6, 2016. 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 Hanging Rock State Park or sell and use the proceeds for that purpose. The State of North Carolina may not otherwise sell or exchange this land.
c. The portion of that certain tract or parcel of property at Hanging Rock State Park in Stokes County, Danbury Township, described in Deed Book 368, Page 415, and containing 2,800 square feet as shown on the survey prepared by Norman T. Scott entitled "Survey For David Hoskins," dated May 20, 2020.
(13) All lands and waters located within the boundaries
of South Mountains State Park as of 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 2, 2017, June
7, 2022, with the exception of the following tracts:
a. 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; Office.
b. the 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; Office.
c. the 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; Office.
d. and the 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.
e. The portion of that certain tract or parcel of property at Jockey's Ridge State Park in Dare County, described in Deed Book 222, Page 732, and Deed Book 227, Page 501, and containing 0.6 acres as shown in a survey by Timmons Group entitled "Plat Showing a Proposed Dominion North Carolina Power Easement Across the Properties of the State of North Carolina (Jockey's Ridge State Park)," dated December 18, 2014.
(16) All lands and waters
located within the boundaries of Mount Jefferson State Natural Area as of May
2, 2017. June 7, 2022. 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. 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] Article 2 of Chapter 143B of the General
Statutes.
(17) All lands and waters within
the Eno River State Park as of May 2, 2017, June 7, 2022, 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 2, 2017, June
7, 2022, with the exception of the following tracts: tracts. 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.
a. 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; Office.
b. and the 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.
c. The portion of that certain tract or parcel of property in Wake County, described in Deed Book 3135, Page 937, and containing 14.4 acres as shown in a survey prepared by A. Roger Barnes (RLS) entitled "Proposed Exchange of 14.4 Acres From the State of North Carolina to the Town of Cary," dated August 19, 1988.
(19) All lands and waters
within the boundaries of Lake James State Park as of May 2, 2017, June
7, 2022, 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] 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 2, 2017, June
7, 2022, with the exception of the following tracts:
a. 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.
b. The portions of that certain tract or parcel of land at Lake Waccamaw State Park in Columbus County, Bolton Township, described in Deed Book 231, Page 597, containing 56,440 square feet and being the portion of this tract shown as Option A and Proposed 20' Wide Utility easement on a drawing entitled "Map for State of North Carolina and Town of Lake Waccamaw" and filed with the State Property Office. The grant of the easement within Lake Waccamaw State Park to the Town of Lake Waccamaw 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 2 of Chapter 143B of the General Statutes.
(21) All lands and waters
within the boundaries of Chimney Rock State Park as of May 2, 2017, June
7, 2022, 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.
c. The portion of that certain tract or parcel of
property at Chimney Rock State Park in Polk County, Cooper Gap Township,
described in Deed Book 393, Page 1402, containing 28.84 acres, as 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 property described in this subdivision is deleted from the
State Parks System pursuant to G.S. 143B‑135.54. The State may only
exchange this property for other property for the expansion of Chimney Rock
State Park or sell this land and use the proceeds for that purpose. The State
shall not otherwise sell or exchange this land.
d. The portion of that certain tract or parcel of land at Chimney Rock State Park in Rutherford County, Chimney Rock Township, being Parcel 2 as described in Deed Book 933, Page 598, containing 0.24 acres as shown on a survey prepared by Professional Surveying Services entitled "Chimney Rock State Park," dated April 13, 2007. The tract excluded from the State Nature and Historic Preserve under this section 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 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.
(22) All State‑owned land
and waters within the boundaries of the Mountains‑to‑Sea Trail as
of May 2, 2017, June 7, 2022, 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 portion of that certain tract or parcel in
Johnston County described in Deed Book 3634, Page 278, containing 1.538 acres
as shown as the proposed easement area for Piedmont Natural Gas Company
transmission line on the drawing prepared by McKim & Creed entitled "Easement
Across The Land Of State of North Carolina," dated September 28, 2021, and
revised October 6, 2021. 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] 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 2, 2017, June
7, 2022, with the exception of the following tracts: 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 Gorges 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 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.
b. The portion of that certain tract or parcel of property at Gorges State Park in Transylvania County, described in Deed Book 153, Page 083, and containing approximately 4.2 acres as shown as Tract "A" in a survey prepared by E. Roger Raxter, Inc., entitled "State of North Carolina and Blue Ridge Mountains RV Resort Property Owners' Association, Inc.," and dated March 20, 2016.
(24) All State‑owned land
and waters within the boundaries of Lower Haw State Natural Area as of May
2, 2017, June 7, 2022, with the exception of the following tract:
tracts:
a. the 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.
b. The portion of that certain tract or parcel of land at Lower Haw State Natural Area in Chatham County, Center Township, containing 1,658 square feet and shown on a survey prepared by TEP Engineering entitled "Permanent Electrical Easement Exhibit," dated June 15, 2020. The State of North Carolina may grant an easement to Conterra Ultra Broadband across this tract to extend broadband services. The grant of the easement within Lower Haw State Natural Area to Conterra Ultra Broadband 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 2 of Chapter 143B of the General Statutes.
(25) All State‑owned land
and waters within the boundaries of Lumber River State Park as of May 2,
2017, June 7, 2022, 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 sub‑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.
d. The portion of that certain tract or parcel of land at Lumber River State Park in Robeson County, described in Deed Book 1899, Page 479, containing 0.5 acres and being a 20‑foot wide easement beginning at N.C. 711 (Country Club Road) and extending in a southerly direction approximately 1,200 feet along the eastern boundary of the Elaine K. Leggett tract, as shown on a survey prepared by W.E. Stone Jr., entitled "Map of Property in Raft Swamp TWP Robeson County N.C., Made For Estate of O.C. Norment," dated November 24, 1970. The tracts excluded from the State Nature and Historic Preserve under this sub‑subdivision are deleted from the State Parks System in accordance with G.S. 143B‑135.54.
(26) All State‑owned land
and waters within the boundaries of Mitchells Millpond State Natural Area as of
May 2, 2017, June 7, 2022, with the exception of the following tract:
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 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.
a. the 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.
b. The portion of that certain tract or parcel of property at Mitchell's Millpond State Natural Area in Wake County, described in Deed Book 4186, Page 756, and containing 0.08 acres as shown in a survey by the North Carolina Department of Transportation, Right‑of‑Way Branch, entitled "State of North Carolina, Parcel 002," dated March 11, 2015.
(27) All lands and waters
within the boundaries of Carvers Creek State Park as of May 2, 2017, June
7, 2022, 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, June
7, 2022, 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.containing
0.62 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.containing
0.61 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.containing
0.52 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. G.S. 143‑260.8(d) reads as rewritten:
"(d) The petition
referred to in subsections (a) and (b) and (c) of this section
shall identify the properties sought to be included in the Preserve. The
General Assembly may then enact a law to accept the designated properties in
the Preserve and enactment of the law by the General Assembly shall constitute
the special dedication and acceptance of the designated properties in the State
Nature and Historic Preserve contemplated by Article XIV, Sec. 5 of the North
Carolina Constitution."
SECTION 3.(a) G.S. 143‑260.10C is repealed.
SECTION 3.(b) G.S. 143‑260.10G is repealed.
SECTION 3.(c) G.S. 143‑260.10H is repealed.
SECTION 3.(d) G.S. 143‑260.10I is repealed.
SECTION 3.(e) G.S. 143‑260.10J is repealed.
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, 2022.
s/ Phil Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 2:05 p.m. this 30th day of June, 2022