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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 Content -Type: message/rfc822 Re: [Fwd: River Dunes Dredge Harbor Channel] eml',, Content -Encoding: 7bit 1 of 1 3/26/2009 9:41 AM .k'i�•�i�x�� all �' River Dunes Dredge Harbor Channel 3 of 4 3/26/2009 9:38 AM River Dur Content -Type: image/jpeg Content -Encoding: basc64 =Content -Type: image/jpeg 4of4 3/26/20099:38AM 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 A N E 494919.894 2716812.030 1 9 N 494933.128 E 2716860.247 C N E 494817.754 2716956.105 N 494644.109 D E 2716934.372 E N 494643.284 \ �` E 2716884,379 N 494817.028 F 1/ E 2716863.446 �"N 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' ,&4 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.