HomeMy WebLinkAbout146-01 Minor Mod 2009 River Dunes CorporationPermit Class
MODIFICATION/AVIINOR
Permit Number
146-01
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
vrrmit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to River Dunes Corporation, PO Box 1505, New Bern, NC 28563
Authorizing development in Pamlico County Confluence of Broad Creek and Neuse River,
SR 1317 (Orchard Creek Road), as requested in the permittee's letter dated received 11/20/08, including the
attached workplan drawings (1) dated 2/25/09
This permit, issued on March 19, 2009 is subject to compliance with the application (where consistent with
the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be
subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) Unless specifically altered herein, this minor modification authorizes the use of an additional spoil
disposal area, all as expressly and specifically set forth in the attached letter and workplan drawings.
Any -additional land disturbing activities and/or construction may require a .modification of this
permit. Contact a Division of Coastal Management representative at (252) 808-2808 for a
determination.
2) This minor modification does not eliminate the need to obtain any additional state, federal or local
permits, approvals or authorizations that may be required, including but not limited to a modified 401
Certification from the Division of Water Quality or any additional authorization from the US Army
Corps of Engineers.
3) No new vegetated wetlands or open water areas shall be excavated or filled without permit
modification
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit ,must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2010
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
River Dunes Corporation
Permit #146-01
Page 2 of 2
ADDITIONAL CONDITIONS
4) This minor modification shall be attached to the original of Permit No. 146-01, which was issued on
11/20/01, and transferred to the permittee on 7/13/04, and copies of all documents, including all subsequent
modification, refinements, and renewals, shall be readily available on site when Division personnel inspect
the project for compliance.
5) All conditions and stipulations of the active permit remain in force under this minor modification, unless
specifically altered herein.
Niver runs ureoge naroor �,nannei
Subject: River Dunes Dredge Harbor Channel
From: "Ed Mitchell" <ed.mitchell@riverdunes.com>
Date: Wed, 25 Mar 2009 15:54:33 -0400
To: " 7onathan Howell"' Jcnathan.Howell@ncmail.net>
CC: "'Brad Connell"' <Brad.Connell@ncmail.net>
Jonathan and Brad: I have attached the aerials referencing the plan for the proposed maintenance dredge
operation we have been discussing and the spoil area approved in the March 19, 2009 minor modification. There
is an area just within the bulkheaded access canal that requires aprrox. 600 cubic yards of excavation (dredge
area) to bring the canal to an appropriate depth of 8' feet like the remaining marina basin. This is the area that the
earthen plug was left between the inland marina and Broad Creek and then removed when we opened the basin.
Now that we have the spoil area approved we need about two weeks to get the contractor to the site and complete
the dredge work. This means we would likely complete the work around April loth
Our Major CAMA permit # 146-01 requires that no excavation or filling will be permitted between April 1 and
October 1 of any year without the prior approval of the Division of Coastal Management, in consultation with the
Division of Marine Fisheries.
We would very much like to complete this work within the next couple of weeks in order to have the access canal
at the same depth as the basin, to improve navigation and flow.
Therefore; we would like to request approval for an extension of time from April 1st to April 15th in order to
complete this operation.
Thanks,
Ed Mitchell
1 of 4 3/26/2009 9:38 AM
[Fwd: River Dunes Dredge Harbor Channel]
Subject: [Fwd: River Dunes Dredge Harbor Channel]
From: Jonathan Howell <Jonathan.Howell@ncmail.net>
Date: Thu, 26 Mar 2009 08:13:05 -0400
To: Sean McKenna <Sean.McKenna@ncmail.net>
Hey Shawn, Ed Mitchell with River Dunes is requesting relief from the dredging moratorium. Will fishery grant this
extended time frame? Thanks.
Jonathan Howell
Asst. Major Permits Coordinator
400 Cosmierce Avenue
Morehead City, NC 28557
(252)808-2808 (Ext. 211)
www..ccoastalmanagement.net
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed
to third parties.
Subject: River Dunes Dredge Harbor Channel
From: "Ed Mitchell" <ed.mitchell@riverdunes.corn>
Date: Wed, 25 Mar 2009 15:54:33 -0400
To: "Jonathan Howell' <Jonathan.Howell@ncmail.neb
CC: "Brad Connell"' <Brad.Cormell@ncmail.net>
Jonathan and Brad: I have attached the aerials referencing the plan for the proposed maintenance dredge
operation we have been discussing and the spoil area approved in the March 19, 2009 minor modification. There
is an area just within the bulkheaded access canal that requires aprrox. 600 cubic yards of excavation (dredge
area) to bring the canal to an appropriate depth of 8' feet like the remaining marina basin. This is the area that the
earthen plug was left between the inland marina and Broad Creek and then removed when we opened the basin.
Now that we have the spoil area approved we need about two weeks to get the contractor to the site and complete
the dredge work. This means we would likely complete the work around April 10th
Our Major CAMA permit # 146-01 requires that no excavation or filling will be permitted between April 1 and
October 1 of any year without the prior approval of the Division of Coastal Management, in consultation with the
Division of Marine Fisheries.
We would very much like to complete this work within the next couple of weeks in order to have the access canal
at the same depth as the basin, to improve navigation and flow.
Therefore; we would like to request approval for an extension of time from April 15t to April 15th in order to
complete this operation.
Thanks,
Ed Mitchell
1 of 4 3/26/2009 9:42 AM
r
xe: Irwa: xiver uunes Lreage tiaroor u'nanneil
Subject: Re: [Fwd: River Dunes Dredge Harbor Channel]
From: "Sean.McKenna@ncmail.net" <Scan.McKenna@ncmail.net>
Date: Thu, 26 Mar 2009 09:35:04 -0400 (EDT)
To: <Jonathan.Howell@ncmail.net>
CC: Anne.Deaton@ncmail.net
Jonathan; The NCDMF has reviewed the request from River Dunes for
relief from the dredging moratorium. The NCDMF approves of this
request (April 1 thru April 15) as long as a turbidity curtain is
used. Sean
I of 1 3/26/2009 9:38 AM
[Fwd: Re: [Fwd: River Dunes Dredge Harbor Channel]]
Subject: [Fwd: Re: [Fwd: River Dunes Dredge Harbor Channel]]
From: Jonathan Howell <Jonathan.Howell@ncmail.net>
Date: Thu, 26 Mar 2009 09:37:58 -0400
To: Brad Connell <Brad.Connell@ncmail.net>, ed.mitchell@riverdunes.com
Ed, your request is permitted. Brad has been informed by way of this email. Let us
know if you need anything else.
Jonathan Howell
Asst. Major Permits Coordinator
400 Commerce Avenue
Morehead City, NC 28557
(252)808-2808 (Ext. 211)
www.nccoastalmanagement.net
E-mail correspondence to and from this address may be subject to the North Carolina
Public Records Law and may be disclosed to third parties.
Subject: Re: [Fwd: River Dunes Dredge Harbor Channel]
From: "Sean.McKenna@nemail.net" <Sean.McKenna@ncmail.net>
Date: Thu, 26 Mar 2009 09:35:04 -0400 (EDT)
To: <Jonathan.Howell@ncmail.net>
CC: Anne.Deaton@ncmail.net
Jonathan; The NCDMF has reviewed the request from River Dunes for
relief from the dredging moratorium. The NCDMF approves of this
request (April 1 thru April 15) as long as a turbidity curtain is
used. Sean
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MMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman, Secretary
MEMORANDUM
DATE: February 13, 2009
TO: Doug Huggett
THRU: Tere Barrett h
FROM: Brad Connell (C'
SUBJECT: River Dunes, and State Permit #146-01
Please find enclosed a letter dated November 20, 2008 from Mr. J.C. Cappelmann, Harbor
Manager of the River Dunes Marina, requesting a permit modification. State Permit #146-01 was
issued on November 20, 2001 for the construction of an upland marl a basin and subdivision on
Neuse River near Oriental, Pamlico County. The permit expired o December 31, 2008, but a
request to renew the permit is currently being processed by the D M.
The request is to modify the permit to allow for a new temporary spoil placement area. The
proposed spoil site is approximately 25,410 square feet in size. Spoil in this area was evident at
the time of the November 2008 site visit. During this site visit, this spoil appeared to impact
Section 404 Wetlands, but review of the delineation performed in 2001 shows that it does not.
An approximate 400 ftz area of Zone 2 of the Neuse River Riparian Buffer may have been
impacted by the spoil area as well.
I would recommend that copies of this proposed modification be submitted to the U.S. Army
Corps of Engineers and the NC Division of Water Quality for review and comments before
issuing the Minor Modification to State Permit #146-01. A check in the amount of $100 is
required in order to process the request.
Cc: Ted Tyndall, DCM
Tracey Wheeler, USACE
Kyle Barnes, DWQ
Enclosure
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper
Fax Send Report
Date/Time : MAR-20-2009 08:24AM FRI
Fax'Number
Fax Name : DCM MHDCTY
Model Name : SCX-5x30 Series
No. Name/Number
758 96343350
StartTime Time Mode Page Result
03-20 08:23AM 00'25 ECM 002/002 O.K
permit Class I PemdtNitride,
2110DIFICATION/M]NOR 146-01
I SLATE OF NORTH CAn1OLLNA
Department of Envlrospownw aed Natural Resource,
and
COamI RC.¢ourscs Commission
Permit
for
A Major Development in an Area of Environmental Concern
pursuant ro NCGS 113A-I18
X Excavation and/or filling pursuant to NCGS I Ib229
Issued to River Dunes Corporation, PO Box 1505, New Bern NC 1850
Authorizing development in Pamlico County ConfiucnecofBroidCmekandNeiistRivcn
SR I31](OmMrd Oeek Aoadl, ae requeslcd in the familial's loner dined received 1II0/08 lnelnd'ne the
therched vtraleple. d (1)de ed=5AH
This permit, issued con Mo.) 12 NO2 is mbjenmcnmpliance wit tM1e applicaiion (whew consin,enr wi[h
he permit)all applicable, regulations, special mndkiw, and notes se,frim below. Any violation of,ho,a corms may be
snbleeuo fines, imprisonment orcivil anion; or �y cause de permiote be null and void.
1) UWoa specifically offered herein. Nix hunt, modification autorizes the use of an additional spoil
disposal area, all as expressly and spoclFlcally at fords in the attached letter and workplan drawings.
Any oddhimal land ilknarbing activities andloc conutructitn may requite a modification of this
permit. Corma a Divivicn of Coastal Management representative a (252) 808.2808 for a
dburrntnation.
2) This minor modification does not eliminate the need to obtain any additional slate, federal or local
permits, Approvals or anthem Potimn that nray he required, including bur not limited In a modified 401
Certification from the Division of Water Quality or any additional minimization trial the US Army
Carps of Eugineem.
3) No new vegetated wcrimsds or .,on water areas shell be exeavatrd or filled e,mou, pnon
repdNian..
(3cc atmcbcd shcN for Additional Conditions)
Tlds real, actin may be appealed by the PamNee pee meant by the emMriq of he send rey of D@JR aM he
other pastured persona watam none,(20) dogs of hehmin6 Chabmeaide Comm] fatmmes Comnde.ion.
An, An appeal uVeres nonunion poor to work initiation or
mnMuanCe aSlh¢cvcmay bC. (I^y.
This permit must be artevdle or'k, or Depunmem r y / v [/
pmmmd when Om'rjr't it ini rm'compluna, �—//••^}/� er
Any m ne a we.k o. p�aj¢¢t modification nm arvered �, lames li. mgsom, Dvec[or
baramdrr�rrgmrre fanner r ision approvm. Divlswn of Coastal M mgemenl
Al cork marl cave whitish, Permit rene to 9Lis Pvormanl it, tvmlibnnx are 4ereby uwer,nd.
December. 31,20.10
as issuing an, permit, Ne Stem of North Cr inn agrees
det yem project is ommkornt its the NmW CaruMa Cassml
mani'mem Progrsm. Siymahrcal'Petminee I
Brad Connell
Office of Coastal Management
400 Commercial Ave.
Morehead City,N.C. 28557
Brad ,
J.C. Cappelmann
Harbor Manager
Cell (252) 670 5987 . jc@riverdunes.com
NOVI 2008
MOrakaelad City DCM
This is a request for a Letter of Refinement for placement of a temporary spoil site for maintenance
dredging in the channel at River Dunes.The spoil sit set up and dredging is to be done by Mike King of
King Dredging.
Should you feel the need to visit the site please let me know so that I would be aware of any
changes that might need to be made.
You will find enclosed the site plan for the spoil site as formed by McKim and Creed.
I may be reached at River Dunes at 252 249 4908 ext 2 or mobile phone 252 670 5887
Sincerely,
j.C.Cappeimann
Harbor Manager
River Dunes
P.O. Box 837 . Oriental, N.C. 28571. (252) 249 4908 Ext.2
Toll Free (800) 348 7618 . Fax (252) 249 2324 . www.riverdunes.com
NOTES:
1. ALL DISTANCES ARE HORIZONTAL GROUND UNLESS OTHERWISE NOTED.
BROAD CREEK
t
I VICINITY MAP I
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494919.894
2716812.030
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494933.128
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2716860.247
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2716863.446
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SITE AREA . . . 0.47 acres
20,589 sq.Q. / I
°000fffffofsoeoi�o SITE PLAN FOR
PROPOSED DREDGE SPOIL LOCATION
'°e'`��p4 S �/ °• 2�°� RIVER DUNES
m
�� q4 No. 2 TOWNSHIP — PAMLICO COUNTY — NORTH CAROLINA
DATE: FEBRUARY 25, 2009 JOB # 041350016
DATE; fZ'�$, Z % &949
r:0MR&D
2807 NEUSE BLVD. BLDG. 5
NEW BERN, NORTH CAROLINA 28562
IELE: (252 633-5899
FAY: (252 633-6551
SCALE: 1" = 100'
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AQ=
NC®ERR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue
Governor
River Dunes Corporation
PO Box 1505
New Bern NC 28563
Dear Sir or Madam:
James H. Gregson
Director
March 20, 2009
Dee Freeman
Secretary
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff -colored
form) and the Xerox stamped "Copy". Return the copy to this office in the enclosed envelope. Signing the permit and
proceeding means you have waived your right of appeal described below. Please retain the original (buff -colored
form), as it must be available on site when the project is inspected for compliance.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or
113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days
of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the
issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal
Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried
out in accordance with your application. Modifications, time extensions, and future maintenance require additional
approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are
having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. However, if questions arise concerning permit
conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance.
By working in accordance with the permit, you will be helping to protect our vitally important coastal resources.
Sincerely,
a
c8
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Ave., Morehead City, NC 28557
Phone: 252-808.28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net
An Equal opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally
FW: River Dunes Minor Mod. for Dredge Spoil
Subject: FW: River Dunes Minor Mod. for Dredge Spoil
From: "Ed Mitchell" <ed.mitchell@riverdunes.com>
Date: Mon, 16 Mar 2009 15:33:18 -0400
To: <Jonathan.How.ell@ncmail.net>
Jonathan: I have attached Kyle's response. Please let me know if you need any additional information.
Many Thanks
From: Ed Mitchell [mailto:ed.mitchell@riverdunes.com]
Sent: Monday, March 09, 2009 3:19 PM
To: Jonathan Howell
Cc: 'Brad Connell'; Kyle Barnes
Subject: River Dunes Minor Mod. for Dredge Spoil
Jonathan: Attached is a revised copy of the site plan for the proposed dredge spoil disposal area with aerials. The
original site plan was not accurate, as you know the original site plan prepared by McKim & Creed was sent in
without my review, it did not accurately portray the area we proposed to use, I am very sorry. The proposed area
as shown on the attached site plan and as seen in the aerial is accurate and is an area that has already been
used for placing prior fill material from the marina excavation in 2005. The buffers and wetland areas are
identified on the site plan. The proposed area does not encroach into any buffer area or wetlands. Kyle was right
on when he questioned the original site plan.
Kyle: Your question, "Why not use the designated spoil area as shown on the master plan?" is a good question
and I hope you'll agree with our reasoning.
I have attached an additional aerial (spoil area 2-27-09 overall) showing the permanent disposal site as shown on
the permitted master plan and the new proposed spoil site for this dredge activity only (about a 1,000 cubic yds.).
This area is inside the permitted marina channel and will not exceed the permitted depth. The aerial should help
clarify the following reasons: 1) The proposed area is much closer to the dredging activity, this will eliminate the
need to use trucks for hauling the spoil material. (2) The area has already been cleared and can easily be graded
to receive and control the new fill. (3) Fill material has previously been placed in this area. (4) The future spoil site
has not yet been cleared and we would prefer to keep it that way until absolutely needed. The area we are
proposing is available now but will not be available in the future due to future homesites located in this area.
Thanks, Ed Mitchell
From: Kyle.Barnes [Kyle.Barnes@ncmail.net]
sent: Tuesday, March 10, 2009 8:56 AM
1 of 2 3/17/2009 3:23 PM
FW: River Dunes Minor Mod. for Dredge Spoil
To: ed.mitchell@riverdunes.com
Cc: Jonathan Howell; 'Brad Connell'
Subject: Re: River Dunes Minor Mod. for Dredge Spoil
Ed,
Thank you for the clarification. This is a very reasonable request as proposed. If
the spoil site is outside of wetlands and the Neuse Riparian Buffer I don't have an
issue with the request as long as all sedimentation and erosion control measures are
taken.
Kyle
Ed Mitchell wrote:
Jonathan: Attached is a revised copy of the site plan for the proposed
dredge spoil disposal area with aerials. The original site plan was
not accurate, as you know the original site plan prepared by McKIm &
Creed was sent in without my review, it did not accurately portray the
area we proposed to use, I am very sorry. The proposed area as shown
on the attached site plan and as seen in the aerial is accurate and is
an area that has already been used for placing prior fill material
from the marina excavation in 2005. The buffers and wetland areas are
identified on the site plan. The proposed area _does not_ encroach
into any buffer area or wetlands. Kyle was right on when he questioned
the original site plan.
Kyle: Your question, "Why not use the designated spoil area as shown
on the master plan?" is a good question and I hope you'll agree with
our reasoning.
I have attached an additional aerial (spoil area 2-27-09 overall)
showing the permanent disposal site as shown on the permitted master
plan and the new proposed spoil site for this dredge activity only
(about a 1,000 cubic yds.). This area is inside the permitted marina
channel and will not exceed the permitted depth. The aerial should
help clarify the following reasons: 1) The proposed area is much
closer to the dredging activity, this will eliminate the need to use
trucks for hauling the spoil material. (2) The area has already been
cleared and can easily be graded to receive and control the new fill.
(3) Fill material has previously been placed in this area. (4) The
future spoil site has not yet been cleared and we would prefer to keep
it that way until absolutely needed. The area we are proposing is
available now but will not be available in the future due to future
homesites located in this area.
Thanks, Ed Mitchell
Content -Type: text/plain
Re River Dunes Minor Mod. for Dredge Spoil txt
Content -Encoding: quoted -printable
2 of 2 3/17/2009 3:23 PM
Permit Class
MODIFICATION/NIINOR
Permit Number
146-01
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
V rrm i t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to River Dunes Corporation PO Box 1505 New Bern, NC 28563
Authorizing development in Pamlico County Confluence of Broad Creek and Neuse River,
SR 1317 (Orchard Creek Road), as requested in the permittee's letter dated received 11/20/08, including the
attached workplan drawings (1), dated 2/25/09
This permit, issued on March 12, 2009 is subject to compliance with the application (where consistent with
the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be.
suoJecr ro lines, imprtsonmenr or civil acuon; or may cause iue pennn w ue uuii auu WILL.
1) Unless specifically altered herein, this minor modification authorizes the use of an additional spoil
disposal area, all as expressly and specifically set forth in -the attached letter and workplan drawings.
Any additional land disturbing activities and/or construction may require a modification of this
permit. Contact a Division of Coastal Management representative at (252) 808-28.08 for a
determination.
2) This minor modification does not eliminate the need to obtain any additional state, federal or local
permits, approvals or authorizations that may be required, including but not limited to a modified 401
Certification from the Division of Water Quality or any additional authorization from the US Army
Corps of Engineers.
3) No new vegetated wetlands or open water areas shall be excavated or filled without permit
modification
(See attached street for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2010
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Permit Class
MODIFICATION/NIINOR
Permit Number
146-01
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vrrmlt COPY
for
X Major Development in an Area of Environ ntal Concerny� q�
pursuant toNCGS 113A-118-;i�`Iy LVf/
X Excavation and/or filling pursuant to NCGS --22U 2M
Issued to River Dunes Corporation, PO Box 1505 New Bern NC 28563
Authorizing development in Pamlico County Confluence o Broad Creek and Neuse River,
SR 1317 (Orchard Creek Road), as requested in the permittee's letter dated received 11/20/08 including the
attached workplan drawings (1) dated 2/25/09
This permit, issued on March 19, 2009 is subject to compliance with the application (where consistent with
the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be
subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) Unless specifically altered herein, this minor modification authorizes the use of an additional spoil
disposal area, all as expressly and specifically set forth in the attached letter and workplan drawings.
Any additional land disturbing activities and/or construction may require a modification of this
permit. Contact a Division of Coastal Management representative. at (252) 808-2808 for a
determination.
2) This minor modification does not eliminate the need to obtain any additional state, federal or local
permits, approvals or authorizations that may be required, including but not limited to a modified 401
Certification from the Division of Water Quality or any additional authorization from the US Army
Corps of Engineers.
3) No new vegetated wetlands or open water areas shall be excavated or filled without permit
modification
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2010
In issuing this permit, the State of North Carolina a
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
. James H. regson, Director
"Division of Coastal Management
This permit and its conditions are hereby accepted.
River Dunes Corporation
Permit #146-01
Page 2 of 2
ADDITIONAL CONDITIONS
4) This minor modihAt hall be attached to the original of Permit No. 146-01, which was issued on
11/20/01, and transfernito the permittee on 7/13/04, and copies of all documents, including all subsequent
modification, refinements, and renewals, shall be readily available on site when Division personnel inspect
the project for compliance.
5) All conditions and stipulations of the active permit remain in force under this minor modification, unless
specifically altered herein.