§ 143-260.10. Components of State Nature and Historic Preserve.
§ 143‑260.10. Components of State Nature and Historic Preserve.
The following are componentsof the State Nature and Historic Preserve accepted by the North CarolinaGeneral Assembly pursuant to G.S. 143‑260.8:
(1) All lands and waterswithin the boundaries of the following units of the State Parks System as ofMay 5, 2009: Baldhead Island State Natural Area, Bay Tree Lake State Park, BearPaw State Natural Area, Beech Creek Bog State Natural Area, Bullhead MountainState Natural Area, Bushy Lake State Natural Area, Carolina Beach State Park,Carvers Creek State Park, Cliffs of the Neuse State Park, Chowan Swamp StateNatural Area, Deep River State Trail, Dismal Swamp State Park, Elk Knob StatePark, Fort Fisher State Recreation Area, Fort Macon State Park, Goose CreekState Park, Gorges State Park, Haw River State Park, Hammocks Beach State Park,Jones Lake State Park, Lake Norman State Park, Lea Island State Natural Area,Lower Haw River State Natural Area, Lumber River State Park, Mayo River StatePark, Medoc Mountain State Park, Merchants Millpond State Park, MitchellsMillpond State Natural Area, Mount Mitchell State Park, Occoneechee MountainState Natural Area, Pettigrew State Park, Pilot Mountain State Park, PineolaBog State Natural Area, Raven Rock State Park, Run Hill State Natural Area,Sandy Run Savannas State Natural Area, Singletary Lake State Park, SugarMountain State Natural Area, Theodore Roosevelt State Natural Area, andWeymouth Woods‑Sandhills Nature Preserve.
(2) All lands and waterswithin the boundaries of William B. Umstead State Park as of May 5, 2009, withthe exception of Tract Number 65, containing 22.93140 acres as shown on asurvey prepared by John S. Lawrence (RLS) and Bennie R. Smith (RLS), entitled"Property of The State of North Carolina William B. Umstead StatePark", 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 Natureand Historic Preserve under this subdivision is deleted from the State ParksSystem in accordance with G.S. 113‑44.14. The State of North Carolina mayonly exchange this land for other land for the expansion of William B. UmsteadState Park or sell and use the proceeds for that purpose. The State of NorthCarolina may not otherwise sell or exchange this land.
(3) Repealed by SessionLaws 1999‑268, s. 2.
(4) All lands within theboundaries of Morrow Mountain State Park as of May 5, 2009, with the exceptionof the following tract: That certain tract or parcel of land at Morrow MountainState 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 mapdated August 27, 1988, and filed in the State Property Office, reference towhich is hereby made for a more complete description.
(5) Repealed by SessionLaws 1999‑268, s. 2.
(6) All land within theboundaries of Crowders Mountain State Park as of May 5, 2009, with the exceptionof the following tracts. The tracts excluded from the State Nature and HistoricPreserve under this subdivision are deleted from the State Parks System inaccordance with G.S. 113‑44.14. The State of North Carolina may onlyexchange this land for other land for the expansion of Crowders Mountain StatePark or sell this land and use the proceeds for that purpose. The State may nototherwise sell or exchange this land.
a. The portion of thatcertain tract or parcel of land at Crowders Mountain State Park in GastonCounty, Crowders Mountain Township, described in Deed Book 1939, page 800, andcontaining 757.28 square feet and as shown in a survey by Tanner andMcConnaughey, P.A. dated July 22, 1988 and filed in the State Property Office.
b. The portion of thatcertain tract or parcel of land at Crowders Mountain State Park in GastonCounty, east of and including the right‑of‑way along and across OldPeach 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 thatcertain tract or parcel of land at Crowders Mountain State Park in ClevelandCounty, described in Deed Book 1286, Page No. 85, located on the north side ofSR 2245 (Bethlehem Road) and containing 14,964 square feet as shown on thesurvey 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.
(7) All lands owned infee simple by the State within the boundaries of New River State Park as of May5, 2009.
(8) All lands and waterswithin the boundaries of Stone Mountain State Park as of May 5, 2009, with theexception of the following tracts: The portion of that certain tract or parcelof land at Stone Mountain State Park in Wilkes County, Traphill Township,described as parcel 33‑02 in Deed Book 633‑193, and moreparticularly described as all of the land in this parcel lying to the west ofthe eastern edge of the Air Bellows Road, as shown on the National Park ServiceLand 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 andHistoric Preserve under this subdivision is deleted from the State Parks Systemin accordance with G.S. 113‑44.14.
(9) All lands and waterslocated within the boundaries of the following State Historic Sites as of May5, 2009: 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, DukeHomestead, Historic Edenton, Fort Dobbs, Fort Fisher, Historic Halifax, HorneCreek Living Historical Farm, House in the Horseshoe, North CarolinaTransportation Museum, James K. Polk Memorial, Reed Gold Mine, Somerset Place,Stagville, State Capitol, Town Creek Indian Mound, Tryon Palace Historic Sites& Gardens, Zebulon B. Vance Birthplace, and Thomas Wolfe Memorial.
(10), (11) Repealed bySession Laws 2001‑217, s. 2, effective June 15, 2001.
(12) All lands and waterslocated within the boundaries of Hanging Rock State Park as of May 5, 2009,with the exception of the following tract: The portion of that tract orproperty at Hanging Rock State Park in Stokes County, Danbury Township,described in Deed Book 360, Page 160, for a 30‑foot wide right‑of‑waybeginning approximately 183 feet south of SR 1001 and extending in a southerlydirection approximately 1,479 feet to the southwest corner of the Bobby JoeLankford tract and more particularly shown on a survey entitled, "J. SpotTaylor Heirs Survey, Danbury Township, Stokes County, N.C.", by GrinskiSurveying Company, dated June 1985, and filed in the State Property Office. Thetract excluded from the State Nature and Historic Preserve under thissubdivision is deleted from the State Parks System in accordance with G.S. 113‑44.14.
(13) All lands and waterslocated within the boundaries of South Mountains State Park as of May 5, 2009,with the exception of the following tracts. The tracts excluded from the StateNature and Historic Preserve under this subdivision are deleted from the StateParks System in accordance with G.S. 113‑44.14.
a, b. Repealed by SessionLaws 2007‑307, s. 1, effective July 28, 2007.
c. The portions of landat South Mountains State Park that lie south of the centerline of the CCC roadas shown on the drawing entitled "Land Trade between South Mountains StatePark and Adjacent Game Lands along CCC Road" prepared by the Division ofParks and Recreation, dated March 15, 1999, and filed in the State PropertyOffice and that lie within: (i) the tract or property in Burke County, LowerFork Township, described in Deed Book 495, Page 501; (ii) the tract or propertyin Burke County, Lower Fork and Upper Fork Townships, described in Deed Book715, Page 719; or, (iii) within the tracts or property in Burke County, UpperFork Township, described in Deed Book 860, Page 341, and Deed Book 884, Page1640. The State of North Carolina may only exchange this land for other landfor the expansion of South Mountains State Park or sell this land and use theproceeds for that purpose. The State may not otherwise sell or exchange thisland.
d. Repealed by SessionLaws 2007‑307, s. 1, effective July 28, 2007.
(14) Repealed by SessionLaws 2003‑234, s. 1, effective June 19, 2003.
(15) All lands and waterswithin the boundaries of Jockey's Ridge State Park as of May 5, 2009, with theexception of the following tracts: The portion of those certain tracts orparcels of land at Jockey's Ridge State Park in Dare County, Nags HeadTownship, 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 StyonsSurveying Services entitled "Raw Water Well Site 13 Jockey's Ridge StatePark" dated March 7, 2001, and filed in the State Property Office; theportion of that certain tract or parcel of land at Jockey's Ridge State Park inDare County, Nags Head Township, described in Deed Book 222, Page 726, andcontaining 42,909 square feet as shown on the survey prepared by StyonsSurveying Services entitled "Raw Water Well Site 14 Jockey's Ridge StatePark" dated March 7, 2001, and filed in the State Property Office; and theportion of that certain tract or parcel of land at Jockey's Ridge State Park inDare County, Nags Head Township, described in Deed Book 224, Page 790, and DeedBook 224, Page 794, and containing 34,471 square feet as shown on the surveyprepared by Styons Surveying Services entitled "Raw Water Well Site 15Jockey's Ridge State Park" dated March 7, 2001, and filed in the StateProperty Office.
(16) All lands and waterslocated within the boundaries of Mount Jefferson State Natural Area as of May5, 2009. With respect to the communications tower site on the top of MountJefferson and located on that certain tract or parcel of land at MountJefferson State Natural Area in Ashe County, West Jefferson Township, describedin Deed Book F‑3, Page 94, the State may provide space at thecommunications tower site to State public safety and emergency managementagencies for the placement of antennas, repeaters, and other communicationsdevices for public communications purposes. Notwithstanding G.S. 146‑29.2,the State may lease space at the communications tower site to local governmentsin Ashe County for the placement of antennas, repeaters, and othercommunications devices for public communications purposes. State agencies andlocal governments that are authorized to place communications devices at thecommunications tower site pursuant to this subdivision may also locate at ornear the communications tower site communications equipment that is necessaryfor the proper operation of the communications devices. The use of the communicationstower site pursuant to this subdivision is authorized by the General Assemblyas a purpose other than the public purposes specified in Article XIV, Section5, of the North Carolina Constitution, Article 25B of Chapter 143 of theGeneral Statutes, and Article 2C of Chapter 113 of the General Statutes.
(17) All lands and waterswithin the Eno River State Park as of May 5, 2009, with the exception of thefollowing tracts:
a. The portion of thatcertain 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 Book87, Page 66, containing 11,000 square feet and being the portion of Lot No. 2shown as the existing scenic easement hereby removed on the drawing prepared bySear‑Brown entitled "Recombination Plat Eno Forest Subdivision"bearing the preparer's file name 00‑208‑07.dwg, and filed withState Property Office. The tract excluded from the State Nature and HistoricPreserve under this subdivision is deleted from the State Parks System pursuantto G.S. 113‑44.14. The State of North Carolina may only exchange thisland for other land for the expansion of Eno River State Park or sell this landand use the proceeds for that purpose. The State may not otherwise sell or exchangethis land.
b. The portion of thatcertain 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, containing5,313 square feet and required for the permanent easements for bridgereplacement project B‑4216 on SR 1002 (St. Mary's Road), as shown in thedrawing entitled "Preliminary Plans, Project Reference No. B‑4216"prepared for North Carolina Department of Transportation by Mulkey Engineersand Consultants dated March 10, 2009, and filed with the State Property Office.The tracts excluded from the State Nature and Historic Preserve under thissection are deleted from the State Parks System pursuant to G.S. 113‑44.14.The State of North Carolina may only exchange this land for other land for theexpansion of Eno River State Park or sell this land and use the proceeds forthat purpose. The State may not otherwise sell or exchange this land.
(18) All land and waterswithin the boundaries of Hemlock Bluffs State Natural Area as of May 5, 2009,with the exception of the following tracts: The portion of that certain tractor parcel of land at Hemlock Bluffs State Natural Area in Wake County, SwiftCreek Township, described in Deed Book 2461, Page 037, containing 2,025 squarefeet and being the portion of this tract shown as proposed R/W on the drawingprepared by Titan Atlantic Group entitled "Right of Way Acquisition Mapfor Town of Cary Widening of Kildaire Farm Road (SR 1300) from Autumgate Driveto Palace Green" sheet 1 of 3 bearing the preparer's file name Town ofCary Case File No. TOC 01‑37, dated 26 September 2003, and filed with theState Property Office; and the portion of those certain tracts or parcels ofland 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 beingthe portion of these tracts shown as proposed R/W on the drawing prepared byTitan Atlantic Group entitled "Right of Way Acquisition Map for Town ofCary Widening of Kildaire Farm Road (SR 1300) from Autumgate Drive to PalaceGreen" sheet 3 of 3 bearing the preparer's file name Town of Cary CaseFile No. TOC 01‑37, dated 26 September 2003, and filed with the StateProperty Office. The tracts excluded from the State Nature and HistoricPreserve under this subdivision are deleted from the State Parks Systempursuant to G.S. 113‑44.14. The State of North Carolina may only exchangethis land for other land for the expansion of Hemlock Bluffs State Natural Areaor sell this land and use the proceeds for that purpose. The State may nototherwise sell or exchange this land.
(19) All lands and waterswithin the boundaries of Lake James State Park as of May 5, 2009, with theexception of the following tracts:
a. The portion of thatcertain tract or parcel of land at Lake James State Park containing 13.85acres, and being 100 feet to the east and 150 feet to the west of a centerlineshown on a survey by Witherspoon Surveying PLLC, dated February 9, 2007, andfiled in the State Property Office. The State of North Carolina may grant atemporary easement to Duke Energy Corporation across this tract to facilitatethe Catawba Dam Embankment Seismic Stability Improvements Project. The grant ofthe easement within Lake James State Park to Duke Energy Corporation under thissub‑subdivision constitutes authorization by the General Assembly thatthe described tract of land may be used for a purpose other than the publicpurposes specified in Article XIV, Section 5, of the North Carolina Constitution,Article 25B of Chapter 143 of the General Statutes, and Article 2C of Chapter113 of the General Statutes. The State of North Carolina may use the proceedsfrom the easement only for the expansion or improvement of Lake James StatePark or another State park. The State may not otherwise sell or exchange thisland.
b. The portion of thatcertain 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 Bon the plat of survey prepared by Kenneth D. Suttles, RLS, dated December 4,1987, entitled "Lake James State Park," Sheet 1 of 2, recorded inPlat Book 4, Page 275 of the McDowell County Registry, for a 40‑footright‑of‑way beginning at the southwest corner of Tract B andcontinuing along the southern boundary 86 38' 51" E for 400 feet to thenow or former John D. Walker property. The State of North Carolina may grant aneasement across this tract to extinguish prescriptive easements on Tract B toimprove management of the State park property. The State may not otherwise sellor exchange this land. The easement excluded from the State Nature and HistoricPreserve under this subdivision is deleted from the State Parks System pursuantto G.S. 113‑44.14.
(20) All lands and waterswithin the boundaries of Lake Waccamaw State Park as of May 5, 2009, with theexception of the following tracts: The portions of that certain tract or parcelof land at Lake Waccamaw State Park in Columbus County described in Deed Book835, Page 590, containing 48,210 square feet and being the portion of thistract shown as new R/W and permanent utility easement on drawing prepared byState of North Carolina Department of Transportation entitled "Map ofProposed Right of Way Property of State of North Carolina (Parks andRecreation) Columbus County" for Tip B‑3830 on SR 1947 (Bella CoolaRoad) 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 StateNature and Historic Preserve under this section are deleted from the StateParks System pursuant to G.S. 113‑44.14. The State of North Carolina mayonly exchange this land for other land for the expansion of Lake Waccamaw StatePark or sell this land and use the proceeds for that purpose. The State may nototherwise sell or exchange this land.
(21) All lands and waterswithin the boundaries of Chimney Rock State Park as of May 5, 2009, with theexception of the following tract: The portion of that certain tract or parcelof land at Chimney Rock State Park in Rutherford County being a portion ofParcel 2 as described in Deed Book 933, Page 598, containing 346 square feetand being shown as proposed right‑of‑way for bridge replacementproject B‑4258 on U.S. 64 over the Broad River on drawing prepared byKimley‑Horn and Associates for the North Carolina Department ofTransportation and revised October 26, 2007, and filed with the State PropertyOffice. The tracts excluded from the State Nature and Historic Preserve underthis section are deleted from the State Parks System pursuant to G.S. 113‑44.14.The State of North Carolina may only exchange this land for other land for theexpansion of Chimney Rock State Park or sell this land and use the proceeds forthat purpose. The State may not otherwise sell or exchange this land.
(22) All State‑ownedland and waters within the boundaries of the Mountains‑to‑Sea Trailas of May 5, 2009, with the exception of the following tract: The portion ofthat certain tract or parcel in Johnston County described in Deed Book 3634,Page 278, containing 4.72 acres and being described as proposed easement areafor Piedmont Natural Gas Company transmission line on drawing entitled"Easement Survey Prepared for Piedmont Natural Gas Company, Line 142, Easementto be Acquired from the State of North Carolina" by McKim & Creed anddated July 31, 2008, and revised March 11, 2009. The State of North Carolinamay grant an easement to Piedmont Natural Gas Company across this tract tofacilitate the transmission of natural gas. The grant of the easement withinthe Mountains‑to‑Sea Trail to Piedmont Natural Gas Company underthis section constitutes authorization by the General Assembly that thedescribed tract of land may be used for a purpose other than the publicpurposes specified in Section 5 of Article XIV of the North CarolinaConstitution, Article 25B of Chapter 143 of the General Statutes, and Article2C of Chapter 113 of the General Statutes. The State of North Carolina may usethe proceeds from the easement only for the expansion or improvement of theMountains‑to‑Sea Trail or another State park. The State may nototherwise sell or exchange this land. (1979, c. 498; 1989, Joint Res. 23; c. 146, s. 1;1989 (Reg. Sess., 1990), c. 1004, s. 30; 1999‑268, s. 2; 2001‑217,s. 2; 2002‑149, s. 1; 2003‑234, s. 1; 2004‑25, s. 2; 2007‑307,s. 1; 2008‑11, s. 1; 2009‑503, s. 1.)