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HomeMy WebLinkAbout146-01 Minor Mod 2008 River Dunes CorporationPermit Class MODIFICATIONNIINOR STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vrrmtt 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 Permit Number 146-01 Authorizing development in Pamlico County at confluence of Broad Creek and Neuse River, SR 1317 (Orchard Creek Rd.1_ as requested in the permittee's letter dated 10/11/07 including the attached workplan drawings (2), 1 dated received in Morehead City on 10/24/07, and 1 dated 10/10/07 This permit, issued on May 5. 2008 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 offshore sill that is depicted on the attached workplan drawings. 2) The alignment of the permitted sill shall be staked by the permittee and approved by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 3) The alignment of the approved sill shall not extend more than average 7.5 feet from the normal water level, with a maximum of distance of 15 feet from the normal water level. (See attached sheet for Additional Conditions) 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, 2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Chairman of the Coastal Resources Commission. - VL James H. Of6gson, Director ivision 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) No portion of the sill shall extend six inches above the normal water level. 5) The authorized sill shall have at least one, five foot opening at every 100 feet. 6) The sills and revetment material shall be free from loose dirt or any pollutant. They shall be of a size sufficient to prevent their movement from the approved alignment by wave or current action. 7) The sills and revetment material shall consist of clean rock or masonry materials such as but not limited to granite, marl, or broken concrete. 8) This minor modification shall be attached to the original of Permit No. 146-01, which was issued on 11/20/01, as well as all subsequent modifications, refinements and renewals, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 9) All conditions and stipulations of the active permit remain in force under this minor modification, unless specifically altered herein. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3642 (DWQ Project No. 07-0765 Ver. 2), which was modified on 2/28/08. Permit Classn MODIFICATIONRNH OR Permit Number STATE OF NORTH CAROLINA 146-01 Department of Environment and Natural Resource and Q), Coastal Resources Commission VmUtt MAY 18 �Ao� for M010h9&q City ©CM 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 at confluence of Broad Creek and Neuse River '5n 1.1t i t vrMarci creek Kd as requested in the permittee's letter dated 10/11/07 including the attached workplan drawings (2), I dated received in Morehead City on 10/24/07, and I dated 10/10/07 This permit, issued on May 5. 2008 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 offshore sill that is depicted on the attached workplan drawings. 2) The alignment of the permitted sill shall be staked by the permittee and approved by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 3) The alignment of the approved sill shall not extend more than average 7.5 feet from the normal water level, with a maximum of distance of 15 feet from the normal water level. (See attached sheet for Additional Conditions) 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, 2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Chairman of the Coastal Resources Commission. James H. egson, Director ivision 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) No portion of the sill shall extend six inches above the normal water level. 5) The authorized sill shall have at least one, five foot opening at every 100 feet. 6) The sills and revetment material shall be free from loose dirt or any pollutant. They shall be of a size sufficient to prevent their movement from the approved alignment by wave or current action. 7) The sills and revetment material shall consist of clean rock or masonry materials such as but not limited to granite, marl, or broken concrete. 8) This minor modification shall be attached to the original of Permit No. 146-01, which was issued on 11/20/01, as well as all subsequent modifications, refinements and renewals, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 9) All conditions and stipulations of the active permit remain in force under this minor modification, unless specifically altered herein. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3642 (DWQ Project No. 07-0765 Ver. 2), which was modified on 2/28/08. Re: [Fwd: River Dunes] Subject: Re: [Fwd: River Dunes] From: Kyle Barnes <Kyle.Barnes@ncmail.net> Date: Wed, 13 Feb 2008 16:59:41 -0500 To: 'Daniel M. Govoni" <Daniel.Govoni@ncmail.net> Daniel, The Division of Water Quality has made a preliminary review of the Modification request for River Dunes SD. It is our determination that the modification request will require a revision to the existing 401 certification. Kyle M. Govoni wrote: -------- Original Message -------- Subject: River Dunes Date: Tue, 08 Jan 2008 10:24:22 -0500 From: Robin Beveridge <Robin.Beveridge@ncmail.net> To: Kyle Barnes <Kyle.Barnes@ncmail.net>, Ian McMillan <Ian.McMillan@ncmail.net>, Daniel Govoni <Daniel.Govoni@ncmail.net> Request comments as soon as possible 1 of 1 2/14/2008 7:59 AM River Dunes . Subject: River Dunes From: Robin Beveridge <Robin.Beveridge@ncmail.net> Date: Tue, 08 Jan 2008 10:24:22 -0500 To: Kyle Barnes <Kyle.Barnes@ncmail.net>, Ian McMillan <Ian.McMillan@ncmail.net>, Daniel Govoni <Daniel.Govoni@ncmail.net> Request comments as soon as possible Robin Beveridge <Robin.Beveridge(a),,ncmail.net> Major Permits and Consistency NC DENR Division of Coastal Management D00080108-001.pdf Content -Type: application/pdf Content -Encoding: base64 D00080108-002.pdf [CC,'Ontent-Type: application/pdfntent-Encoding: base64 1 of 1 1/30/2008 3:56 PM MORINO r ri ■■■■■� ,,-� rrrrr r=nrrtrrrtrtrrtunnnntr_ nun. n-n n' n—i n n n n it r � r rCv •rt nnntrniru��n�ir�rn°n°irrnirjitninnin�tr n n n n n n nFn. n-n n—n= n r t n—n nFn. rr n=n— — ii n .. �� �� �� n u`�-'�jn n—n n tr �r`m_srt n n- n Sc�ir-R'i'i u'Sr r=r • � �n.'i�nmm�trn°u°nnir�nunitr���trtrn n— n nnn'trtr�Lunnnn°i�nnncnnnuninrRir=ru"ir�rnnnunn�.ri[nnnirnunFntruuntr�t[nnnnnn�rnu nS�r} nn¢n¢n..irnu°:utrnnnu�nrur[nn�rn. n=. — urzutnrnin�ni�n�inUir��n=ir�runnnnnn=ir=u°ir�irnnrrnnnntrrtrn.irn�nn—n_iln`rnSu�r��.Ruurn ni� I ��rrn�nrranir¢g�rn.—n it--- i MODTO PERMIT 4 A I ^ AS PERMITTEM 9146JDI SOD GRMITE RIP RAP. C� 11 RIP RAP y~ •ems•~ •� �' �LOWWSTRUMREQ�RYIW ����: loilli2oo7 Brad Connell Division of Costal Management 1]!!# Zp(�ra NC Dept of Environment and Natural Resources Morehead City, North Carolina 28557 MersPre9d Qt� AGM Subject: River Dunes Permit Number 146-01 —Minor Modification Attached: 1) Check for Minor Modification to 146-01 2) Workplan drawings for the Coastal Wetland Enhancement Structure along the Neuse River shoreline. Dear Mr. Connell: Per our conversation on October 4, 2007 I am requesting a minor modification to permit #146-01 for River Dunes. The modification will allow for the construction of a Coastal Wetland Enhancement Structure by the placement of class II rip rap in the manner and, location identified on the attached plans. The current permit #146-01 item 12, states that the rip rap used for shoreline stabilization in this area will not extend waterward more than an average of 7.5 feet from the normal water level, with a maximum offshore distance of 15 feet. This! limitation will also exist for the Coastal Wetland Enhancement Structure. Please contact our office with any questions 252-634-3373. Thank You. Sincerely, Ed Mitchell President River Dunes Corporation 416 Pollock Street New Bern, North Carolina 28560 252-634-3373 ed.mitchell@riverdunes.com File note 1/8/08: spoke with Ed Mitchell of River Dunes asking if there was any fill proposed between the. sill and shoreline, he explained that there was not fill proposed. I also spoke with Kyle Barnes of DWQ requesting there comments, he explained that there was an open DWQ violation. [Fwd: River Dunes] Subject: [Fwd: River Dunes] From: 'Daniel M. Govoni" <Daniel.Govoni@ncmail.net> Date: Wed, 30 Jan 2008 15:47:41 -0500 To: Ian McMillan <Ian.McMillan@ncmail.net> ------- Original Message-------- Subject:River Dunes Date:Tue, 08 Jan 2008 10:24:22 -0500 From:Robin Beveridge <Robin.Beveridge@ncmail.net> To:Kyle Barnes <Kyle.Bames@ncmail.net>, Ian McMillan <Ian.McMillan@ncmail.net>, Daniel Govoni <Daniel.Govoni@ncmail.net> Request comments as soon as possible Daniel M. Govoni <daniel.govoni@ncmail.net> Asst. Major Permits Coordinator Division of Coastal Management Content -Type: application/pdf 1 of 1 11/30/2008 3:51 PM 10/11/2007 Brad Connell L fffTTT/// Division of Costal Management 96T 20i' NC Dept of Environment and Natural Resources Morehead City, North Carolina 28557 �MerShed elf DGM Subject: River Dunes Permit Number 146-01—Minor Modification Attached: 1) Check for Minor Modification to 146-01 2) Workplan drawings for the Coastal Wetland Enhancement Structure along the Neuse River shoreline. Dear Mr. Connell: Per our conversation on October 4, 2007 I am requesting a minor modification to permit #146-01 for River Dunes. The modification will allow for the construction of a Coastal Wetland Enhancement Structure by the placement of class II rip rap in the manner and location identified on the attached plans. The current permit #146-01 item 12, states that the rip rap used for shoreline stabilization in this area will not extend waterward more than an average of 7.5 feet from the normal water level, with a maximum offshore distance of 15 feet. This limitation will also exist for the Coastal Wetland Enhancement Structure. Please contact our office with any questions 252-634-3373. Thank You. Sincerely, Ed Mitchell President River Dunes Corporation 416 Pollock Street New Bern, North Carolina 28560 252-634-3373 ed.mitchellna.riverdunes.com Asr n NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Marine Fisheries Dr. Louis B. Daniel III, Director William G. Ross Jr., Secretary aVED MEMORANDUM FE8 1 3 2006 TO: Doug Huggett Major Permits and Consistency Coordinator FROM: Anne Deaton kD. Habitat Protection Section DATE: February 8, 2008 SUBJECT: CAMA/ DREDGE AND FILL PERMIT Ed Mitchell — River Dunes Pamlico County Morehead City OCM Attached is the Divisions' reply for the above referenced project. If you have any questions, please do not hesitate to contact me. MM/sw 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 Phone: 252 726-7021 \ FAX: 252 727-5127 \ Internet: www.ncdmf.net An Equal Opportunity / Affirmative Action Employer-50 % Recycled \ 10% post Consumer Paper NorthCarolina Naturally ARA NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director December 4, 2007 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Sean McKenna Division of Marine Fisheries Daniel M. Govoni Asst. Major Permits Coordinator CAMA/DREDGE & FILL Permit Application Review Ed Mitchell - River Dunes on - 5 20 On the the Neuse River off of Orchard Creek Road, in Pamlico County. 11 it — 7 200E Proposed Project: Minor permit modification request to State Permit #146-01. The applicant proposes to remove the middle section of riprap to create a type of sill for wetland enhancement in conjunction with the shoreline stabilization. It will have a 5' wide opening along every 100' and the height of the sill will not exceed 6" above NWL. Please indicate below your agency's position or viewpoint on the proposed project and return this form. If you have any questions regarding the proposed project, please contact Daniel Govoni at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. 6rt 00o7-E -C? REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED L j�,/DATE�, 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoasttaalmanagement.net An Equal Opportunity \ Affirmative Action Employer-50% Recycled \ 10% Post GonSymer Paper 1 03/20/2008 13:14 FAX 2526343350 RD CORP Mr.:Ed Mitchell, President River Dunes Corporation 416 Pollock Street New Bern, NC 28560 February 28, 2008 Z002/0O3 Mchael F. Easley, Governor William G. Ross Jr., secretary North Carolina Department of Eavirmment and NsGualResources ColeaoH. Sullins, Director I Dlvlslon of Water Quality. Chuck WakHd, P.E., Deputy Director Divisiork of Water nualtty [3Y: .... ....... DWQ#07-0765 Ver.2 Pamlico County Subject Property: River Dunes Subdivision off Orchard Creek Road NO WRITTEN CONCURRENCE NEEDED Dear Mr. Mitchell: You have our approval, in accordance with the attached conditions to construct the proposed riprap sill for the purpose of wetland enhancement as you .described in your application dated October 11, 2007. . After reviewing your application, we have decided this minor permit modification does not require written concurrence as long as all conditions of General Water Quality Certification Number.3642 are met, which may be viewed on our website at httn://h2o.cm.stoW.ne.us/ncwetlands. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required -as described in 15A NCAC 2H .0506 (h) (6) and (7)..This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval. to . be valid, you must follow the conditions listed in the attached certification and any -additional conditions listed below. Conditions of Certification: 1. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. North CmolinaDivisionofWater Quality Internet h2oenrAsh.nc.us . 943 Washington Square Mall Phmn:: 252-946b481 ne 7� Washington, NC 27889 FAX 252-946-9215 b 1C�ar�ohnia An Equal OpporluntylAfllmobmActimEmployer- 50%ReuycWID%Post CammerPaper . & AY t 03/20/2008 13:14 FAX 2526343350 RD CORP I Z 003/003 If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. 'To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please telephone Roberto Scheller of the Washington; Regional Office at 252-948-3940 or Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631. Enclosures: Certificate of Completion, GC 3642 cc: Corps of Engineers Washington Field Office DWQ 401 Oversight/Express Unit CAMA, Morehead Office File copy Central Files Sincerely, Ai Hodge/Supervisor Division of Water Quality Surface Water Protection Washington Regional Office Heueme: 01-0673 Ver.2 River Dunes, Pamlico County - Minor Permit Modification Request Subject: River Dunes, Pamlico County - Minor Permit Modification Request From: "Jones, Scott SAW" <Scott.Jones@saw02.usace.army.mf> Date: Wed, 9 Jan 2008 08:44:08 -0500 To: <daniel.govoni@ncmail.net> Daniel — River Dunes has proposed to modify CAMA Major Permit 146-01 by replacing a section of rip rap to create an offshore rock sill for wetland enhancement in conjunction with the overall shoreline stabilization effort. The alignment of the sill will not exceed previously authorized rock rip rap alignment (7.5 ft. average, not to exceed a maximum of 15 ft. offshore). The USACE has reviewed this request and has modified its previous authorization according to the revised plans and specifications submitted by the applicant to the North Carolina. Division of Coastal Management on October 11, 2007. Scott Jones, Project Manager Washington Regulatory Field Office U. S. Army Corps of Engineers — Wilmington District Post Office Box 1000 Washington, North Carolina 27889 (252) 975-1616 extension 27 Facsimile (252) 975-1399 http://www.saw.usace.army.mil/WETLANDS/­index.html 1 of 1 1/9/2008 8:48 AM North Carolina Department of Environment rd'Na Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director February 12, 2008 Asst. Major Permits Coordinator TI Olt �J A William G. Ross Jr., Secretary *Fa bd- I.)fQE) -erg SUBJECT: C A/DREDGE & IL Permit Application Revie_ Applicant: Ed Mitchell -River Dunesglti�g Project Location: On the Neuse River off of Orchard Creek Road, in Pamlico County. Proposed Project: Minor atorkmove ification request to State Permit #146 O1. The applicant oposes the middle section of riprap to create a type of sill for wetland enhancement in conjunction with the shoreline stabilization. It will have a 5' wide opening along every 100' and the height of the sill will not exceed 6" above NWL. Please indicate below your agency's position or viewpoint on the proposed project and return this form If you have any questions regarding the proposed project, please contact Daniel Govoni at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 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 V�-Wwqqg - ll,q ?I 1 11 Q�� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary May 8, 2008 River Dunes Corporation PO Box 1505 New Bern NC 28563 Dear Sir or Madam: 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, V. Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer —50% Recycled 110% Post Consumer Paper i River Dunes Subject: River Dunes From: Jill Paxson <Jill.Paxson@ncmail.net> Date: Tue, 10 Jun 2008 08.48:53 .0400 To: Pat McClain <Pat.McClain@ncmail.net> CC: Gary Novak <Gary.Novak@ncmail.neb, Ryan Davenport <Ryan.Davenpon@ncmail.ne1>, Amy Y Adams <Amy.Y.Adams@ncmail.net>, Chris Pullinger <Cbris.Pullinger@ncmaiLnet>, kylebames <kyle.bames@ncmail.net> Hello all, 1 have been Passed Some information regarding River cause construction activity. Sediment fences are compromised adjacent to Mill Creek. Some vehicle tracks observed to cross these fences into potential Calla wetland area. Directly adjacent to this land activity are turbid water. (Mill Creek). Initial turbidity values in the creek were 17 NTU. The standard in these water. is 25 MID. There has been no Precipitation in this area for several days. Dn values in adjacent water was 3.9 mg/L, salinity is 12.6 Dpt. Hard to say whether turbidity is due to shallow water, soft benthic sediments re ... Pension from wind or resulting from a violation. Please let me know, your thoughts. nor team will gladly investigate further if need be. Jill Note: To protect against computer viruses, --mail Programs may Prevent sending or receiving certain types of file attachments. Check your .-mail security 9etti g. to determine how attachment. are handled. Jill C. Paxson Environmental specialist Pam11C0 Rapid Response Team NCDENR Division of Water Quality hotline (252) 910-3999 office (252) 968-3898 mobile (252) 947-0598 1 of 5 6/10/2008 1:03 PM I River Dunes 2 of 5 6/10/2008 1:03 PM IRiver Dunes 1 3 of 5 6/10/2008 1:03 PM River Dunes 4A F } 14 k i 4 of 5 6/10/2008 1:03 PM IRiver Dunes DSCN2805.JPG. Content -Type: imagetjpeg � Content -Encoding: base64 IDSCN2796.JP( Content -Type: imagerjpeg Content -Encoding: basc64 DSCN2797.JPG Content -Type: imagelpeg i Content -Encoding: base64 DSCN2803.JPG Content -Type image/jpeg, ,Content -Encoding: base64 :DSCN2804.JPG Content -Type: imagelpcg Content -Encoding; base64 Content -Type: imagefjpeg' turbidity near construction»IPG I Content -Encoding: base64 —° ��5 6/10/2008 1:03 PM Mr. Ed Mitchell, President River Dunes Corporation 416-A Pollock Street New Bern, NC 28560 Dear Mr. Mitchell: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 3, 2008 Coleen 11. Sullins, Director Division of Water QU ity NOV 7 2008 Morehead City DCM Subject: Stormwater Permit No. SW7080922 River Dunes Marina & Residential Development Riverside Village and Fire Station Area High Density Project Pamlico County The Washington Regional Office received a complete Stormwater Management Permit Application for River Dunes Manna & Residential Development — Riverside Village and Fire Station Area on October 28. Staff review of the plans and specifications has determined that he project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7080922 dated November 3, 2008, for the construction of the subject project located on SR 1317, Orchard Creek Rd, near Oriental, North Carolina. This permit shall be effective from the date of issuance until November 3, 2018, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit and in the submitted application. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either Scott Vinson, or me at (252) 946-6481. 1 AS _A Regional Supervisor Surface Water Protection AH/sav: C:\STORMWATER\PERMIT\SW7080922 Section cc: C rtis Blazier, PE — McKim & Creed ug Huggett, CAMA Pamlico County Building Inspections Washington Regional Office Central Files North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946-9215 Customer Service Internet: www.ncwateroualitvore 943 Washington Square Mall, Washington, NC 27989 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50 % Recycledl10 % Post Consumer Paper North Carolina Naturally State Stormwater Management Systems Permit No. SW7080922 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO River Dunes Corporation River Dunes Marina & Residential Development Riverside Village and Fire Station Area Pamlico County FOR THE construction, operation and maintenance of four infiltration basins in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until November 3, 2018, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. The drainage areas will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.5 on page 3 of this permit. The stormwater controls have been designed to handle the runoff from 321,886 square feet. of impervious area. 3. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans and permit. 4. The runoff from all built -upon area within the permitted drainage areas of this project must be directed into the permitted stormwater control systems. Page 2 of 8 State Stormwater Management Systems Permit No. SW7080922 5. The following design criteria have been provided in the infiltration basins and must be maintained at design condition: RS -1 RS — 2 IRS - 3 FS —1 a. Drainage Area, ft2: 137,777 216,402 273,380 63,784 b. Total Impervious Surfaces, ft2: 48,300 99,292 138,663 35,631 C. Design Storm, inches: 3.0 3.0 3.0 3.0 d. Basin Depth, ft.: 2.00 2.00 1.50 1.00 e. Bottom elevations, FMSL: 3.00 3.00 3.00 3.20 f. Bottom Surface Area, ft2: 6,150 11,191 21,590 9,092 g. Bypass Overflow Elevations, FMSL: 5.00 5.00 5.00 4.20 h. Permitted Storage Volume, ft3: 14,204 26,127 35,338 9,756 i. Type of Soil: Loamy Sands (fill) j. Expected Infiltration Rate, in/hr: 1.30 1.30 1.30 1.30 k. Seasonal High Water Table, FMSL: 1.00 1.00 1.00 1.20 I. Receiving Stream / Neuse River Basin: Gum Thicket Creek Tar Creek M. Stream Index Number: 27- 140 27-141-4 n. Classification of Water Body: "SA; HQW, NSW" 6. Treatment systems are designed to overflow from a weir/flow spreader prior to the minimum 50 foot Neuse Riparian Buffer or wetlands. The flow spreaders are required to be regularly maintained at design conditions as shown per the approved plans. II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. Infiltration systems should not be used as erosion control devices, due to the potential clogging. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plans. must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of bypass structure, filter media, flow spreader, catch basins, piping and vegetated filter. g. A clear access path to the bypass structure must be available at all times. Page 3 of 8 State Stormwater Management Systems Permit No. SW7080922 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. i 5. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 6. Upon completion of construction, prior to issuance of a (Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 7. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device,, and prior to _ occupancy of the facility. 8. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 9. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved !Plans, including the stormwater management measures, built -upon area, details,, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property.owned by the permittee, for which .Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 10. The Director may determine that other revisions. to the project should require a modification to the permit. 11. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 13. This permit shall be effective from the date of issuance until November 3, 2018. Application for permit renewal shall be submitted 180 days prior to the expiration date of this permit and must be accompanied by the processing fee. 14. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the ;stormwater management system without submitting a revision to the permit and receiving', approval from the Division. Page 4 of 8 State Stormwater Management Systems Permit No. SW7080922 15. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 16. Prior to. the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7080922, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum built -upon area per lot is (see Exhibit A) square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations. h. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. 17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 18. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 19. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. Page 5 of 8 State Stormwater Management Systems Permit No. SW7080922 III. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Water Quality; accompanied by a completed name/ownership change form, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall notify the Division any name, ownership or mailing address changes within_30 days.. 10. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 11. A copy of the.approved plans and specifications shall be maintained on file by the Permittee at all times. Permit issued this the 3rd day of November, 2008. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION /mac. I ebb%' for Cole H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7080922 Page 6 of 8 State Stormwater Management Systems Permit No. SV 7080922 River Dunes Marina & Residential Development Riverside Village and Fire Station Stormwater Permit No. SW7080922 Pamlico County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, '(Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL Page 7 of 8 State Stormwater Management Systems Permit No. SW7080922 River Dunes Marina & Residential Development Riverside Village and Fire Station Stormwater Permit No. SW7080922 Pamlico County Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon. area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The bypass structure elevations are per the approved plan. 6. The bypass structure is located per the approved plans. 7. A Trash Rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short-circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. All required design depths are provided. 13. All required parts of the system are provided. 14. The required system dimensions are provided per the approved plans. cc: NCDENR-DWQ Regional Office . Pamlico County Building Inspections Page 8 of 8 River Dunes Development Exhibit A RIVERSIDE VILLAGE LOT NUMBER LOT AREA SQ.FT. LOT AREA ACRES TOTAL ALLOWED IMPERVIOUS SQ.FT. PERCENT IMPERVIOUS % RECEIVING STREAM NAME RS-1 20,862 0.48 GUM THICKET CREEK RS-2 6,957 0.16 4,200 60% RS-3 6,600 0.15 4,200 64% "" "" "" RS-4 6,600 0.15 4,200 64% RS-5 5,500 0.13 3,900 71% RS-6 5,500 0.13 3,900 71% RS-7 5,500 0.13 3,900 71% RS-8 5,500 0.13 3,900 71% "" "" "" RS-9 5,500 0.13 3,900 71% 'RS-10 5,500 0.13 3,900 71% RS-11 5.500 0.13 3,900 71% RS-12 5,500 0.13 3,900 71% RS-13 5,500 0.13 3,900 71% RS-14 5,500 0.13 3,900 71% "" "" "" RS-15 5,500 0.13 3,900 71% RS-16 5,500 0.13 3,900 71% "" RS-17 6,600 0.15 4.200 64% RS-18 6,600 0.15 4,200 64% RS-19 6,957 0.16 4.200 60% RS-20 9,283 0.21 5,000 54% "" "" "" .RS-21 6,744 0.15 4,000 59% RS-22 6,467 0.15 4,000 62% 1 RS-23 7,185 0.16 4.000 56% RS-24 7,200 0.17 4,000 56% RS-25 7,200 0.17 4,000 56% RS-26 5,250 0.12 3,900 74% RS-27 5,250 0.12 3,900 74% RS-28 5,250 0.12 3,900 74% RS-29 5,250 0.12 3,900 74% RS-30 5,250 0.12 3.900 74% RS-31 . 5,250 0.12 3,900 74% RS-32 7,515 0.17 3,900 52% RS-33 7,601 0.17 3.900 51% RS-34 7,601 0.17 3,900 51% RS-35 6,371 0.15 3,900 61% RS-36 7,200 0.17 4,000 56% RS-37 7.200 0.17 ' 4,000 56% RS-38 7,200 0.17 4,000 56% RS-39 9,048 0.21 4,500 50% RS-40 12,689 0.29 4,500 35% 254,318 157,000 62% See Sheet C1.1 for overall plan and lot layout in the Riverside Village. Drainage Area #2 59,000 SF Drainage Area #3 98,000 SF Low Density Area #2 Area #2 Area #2 Area #2 Area #2 Area #2 Area #2 Area #2 Area #2 Area #2, Area #3 Area #2, Area #3 Area #2, Area #3 Area #2, Area #3 Area #2, Area #3 Area #2, Area #3 Area #2, Area #3 Area #2, Area #3 Area #2, Area #3 Area #2 Area #3 Area #3 Area #3 Area #3 Area #3 Area #3 Area #3 Area #3 Area #3 Area #3 Area #3 Area #3 Area #3 Area #3 Area #3 Area #3 Area #3 Area #3 Area #3 Area #3 GENERAL NOTES: 1. THE ALIGNMENT OF THE AUTHORIZED BULKHEAD AND RIPRAP STRUCTURES MUST BE STAKED BY A REPRESENTATIVE OF THE DIVISION OF COASTAL MANAGEMENT WITHIN A MAXIMUM OF 30 DAYS PRIOR TO THE STARTOF CONSTRUCTION. FAILURE TO INITIATE CONSTRUCTION WITHIN 30 DAYS, OR EROSION OF THE SHORELINE BY ADVERSE WEATHER CONDITIONS, WILL REQUIRE THE ALIGNMENT TO BE RESTAKED BY DOM WITHIN A MAXIMUM OF 30 DAYS PRIOR TO THE NEW EXPECTED START OF CONSTRUCTION. 2. THE RIPRAP MATERIAL MUST BE FREE FROM LOOSE DIRT OR ANY POLLUTANT. IT MUST BE OR A SIZE SUFFICIENT TO PREVENT ITS MOVEMENT FROM THE SITE BY WAVE OR CURRENT ACTION. 3. ALL BACKFILL MATERIAL WILL BE CLEAN AND FREE OF ANY POLLUTANTS EXCEPT IN TRACE QUANTITIES. CLASS II RIP RAP COASTAL WETLANDS ENHANCEMENT STRUCTURE ALLOW T BREAKS IN STRUCTURE @ EVERY 100' SEE DETAIL "A" 'AIL A I MODIFICATION TO PERMIT #146.01 z. vr' = 1'-D^ COASTAL WETLANDS ENHANCEMENT STRUCTURE CLASS II RIP RAP COASTAL WETLANDS ENHANCEMENT STRUCTURE ALLOW 5' BREAKS IN STRUCTURE @ EVERY 100' 1` OCT 16 2007 Morehead City DCM THE RIPRAP WILL NOT EXTEND WATERWARD MORE THAN AN AVERAGE OF 7.5' FROM THE NORMAL WATER LEVEL, WITH A MAX. OFFSHORE DISTANCE OF 15' 10, VARIES SEE DETAIL "B" ld0l ,T1 N y N U N ETAIL B LAY BACKFILL I zro ;ALE: 1/2" = 11-0" o w a LU N 3' PERMITTED: #146.01 SOD d DO N ELEV. 6' °' w 18" THICK CLASS I ' ' Z GRANITE RIP RAP.. _ O Z O W 0 0 o O O o — 2I 1111 � as III -III III -III w O z W o G c o 0 0 _i 1 I I I I- I -III -I I I o o_ IIIIIIIIIIIIIIIIII-IIII I i W W Z � ! iii iI III=1I1 1 I IiI III -III' LU 30 _ Q N LU _III1 I I- _YPE 11 -III-III-III=1 I I1 I-i 1I LU FILTER FABRIC WOVEN = a o LU -III- o -- I I -III -III -III -III -III -III -I iIII-IIIIIIIII-IIILIU o�� -I � 1=� �-I � I -III i � I IIIIII-IIIi I I-III-III-�I � 1=1 � !- '- ����_��� 001 . _ r (P° 3 (4,70 )� 0 10/ 11/2007 Brad Connell Division of Costal Management NC Dept of Environment and Natural Resources ®E T 14 20�? Morehead City, North Carolina 28557 Morehead Gity bGM Subject: River Dunes Permit Number 146-01 —Minor Modification Attached: 1) Check for Minor Modification to 146-01 2) Workplan drawings for the Coastal Wetland Enhancement Structure along the Neuse River shoreline. Dear Mr. Connell: Per our conversation on October 4, 2007 I am requesting a minor modification to permit #146-01 for River Dunes. The modification will allow for the construction of a Coastal Wetland Enhancement Structure by the placement of class II rip rap in the manner and location identified on the attached plans. The current permit #146-01 item 12, states that the rip rap used for shoreline stabilization in this area will not extend waterward more than an average of 7.5 feet from the normal water level, with a maximum offshore distance of 15 feet. This limitation will also exist for the Coastal Wetland Enhancement Structure. Please contact our office with any questions 252-634-3373. Thank You. Sincerely, Ed Mitchell President River Dunes Corporation 416 Pollock Street New Bern, North Carolina 28560 252-634-3373 ed.mitchell(a,riverdunes.com NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director MEMORANDUM DATE: October 24, 2007 TO: Doug Huggett THRU: Tere Barrett FROM: Brad Connell SUBJECT: River Dunes, State Permit #146-01 Resources William G. Ross Jr., Secretary to/2ve)7 Please find enclosed a letter from Mr. Ed Mitchell, President of River Dunes Corporation, requesting a minor permit modification. State Permit #146-01 was issued on August 29, 2007 for the construction of an upland basin marina and residential community on Neuse River off of Orchard Creek Road, in Pamlico County. The permit is set to expire on December 31, 2008. The applicant was authorized for shoreline stabilization in the form of 3,800' of riprap, not to extend more than an average of 7.5' from the normal water level, with a maximum distance of 15' offshore. In effect, the applicant wishes to remove the middle section of riprap to create a type of sill for wetland enhancement in conjunction with the shoreline stabilization. It will have 5' wide openings along every 100' and the height of the sill will not exceed 6" above the normal water level. I would recommend that copies of this proposed modification be submitted to the Division of Marine Fisheries, the U.S. Army Corps of Engineers, and the 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 has been received to process the request. Cc: Ted Tyndall, DCM David Timpy, USACE Sean McKenna, DMF 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 FMA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary MEMORANDUM DATE: October 24, 2007 TO: Doug Huggett THRU: Tere Barrett 10/7vl�'7 FROM: Brad Connell SUBJECT: River Dunes, State Permit #146-01 Please find enclosed a letter from Mr. Ed Mitchell, President of River Dunes Corporation, requesting a minor permit modification. State Permit #146-01 was issued on August 29, 2007 for the construction of an upland basin manna and residential community on Neuse River off of Orchard Creek Road, in Pamlico County. The permit is set to expire on December 31, 2008. The applicant was authorized for shoreline stabilization in the form of 3,800' of riprap, not to extend more than an average of 7.5' from the normal water level, with a maximum distance of 15' offshore. In effect, the applicant wishes to remove the middle section of riprap to create a type of sill for wetland enhancement in conjunction with the shoreline stabilization. It will have 5' wide openings along every 100' and the height of the sill will not exceed 6" above the normal water level. I would recommend that copies of this proposed modification be submitted to the Division of Marine Fisheries, the U.S. Army Corps of Engineers, and the 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 has been received to process the request. Cc: Ted Tyndall, DCM David Timpy, USACE Sean McKenna, DMF Kyle Barnes, DWQ Enclosure 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Af irmative Action Employer— 50% Recycled 110% Post Consumer Paper