146-01 Minor Mod/Renewal 2007 River Dunes Corporation

Permit Class
MODIFICIATION/MINOR
RENEWAL STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
�rit
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
Permit Number
146-01
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, SR
1.317 (Orchard Creek Road) as requested in the permittee's letters dated 12/14/06, and 3/20/07,
including the attached workplan drawings (2), dated "revised 12/14/06", and one dated 3/27/07.
This permit, issued on August 29, 2007 , 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
oe subject to Iines, imprisonment or civil action; or may cause the permit to be null and void
1) Unless specifically altered herein, this minor modification authorizes the following:
a. The adjustments of the lots and associated roads to improve the open space design and
conform to the stormwater design as approved by the Division of Water Quality;
b. The redesign of the ponds located at the entrance and along the parkway;
c. The relocation of the structures originally located at the marina to the pond along the Parkway
and the addition of nine guest cottages to this area to create the "Fish and Wildlife Center
with dock";
d. The addition of six nature cottages at the "Nature and Canoe Facility";
e. The modifications to the entrance plan;
f. The modification to the marina and community service buildings;
g. The reconfiguration of docks C through E;
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 [phone] determination.
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 shall 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 shall 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.
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
2) This minor modification/renewal 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 form the US Army
Corps of Engineers.
3) This minor modification/renewal 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.
4) All conditions and stipulations of the active permit remain in force under this minor
modification/renewal, unless specifically altered herein.

State of North C Zrolinal
Department of Environment and Natural Resou
Washington Regional Office
Michael F. Easley, Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0220 0003 1487 2380
William G. Ross, Jr., Secretary
41M
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
May 25, 2007 /
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
River Dunes Corporation
ATTN: Mr. J. Edwin Mitchell, Jr., President
Post Office Box 1505
New Bern, North Carolina 28563
RE: Project Name: BRMSD Contract 43
Project ID: Pamli-2005-008
SR 1317 - Pamlico County
Drainage Basin: Neuse
Dear Mr. Mitchell:
On May 21, 2007, personnel of this office inspected a project located on the western side of SR 1317
approximately 2 miles east of the intersection of SR 1321 and SR 1317, in Pamlico County, North Carolina. This
inspection was performed to determine comphance with the North Carolina Sedimentation Pollution Control Act
(Act) of 1973. The inspection revealed a land -disturbing activity of approximately 23.6 acres being conducted.
It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The
purpose of this letter is to inform you that this activity was found to be in violation of the Act, (NCGS I I3A-50
to 66) and/or Title 15A, North Carolina Administrative Code, Chapter 4 (15A NCAC 4). If you feel that you are
not responsible for the following violations, please notify this office immediately.
The violations that were found are:
a. Failure to conduct a land -disturbing activity in accordance with the approved erosion and
sedimentation control plan. G.S. 113A-57(5).
The inspection revealed that additional land disturbance in the area of the infiltration pond (wet
weather storage basin) and erosion and sediment control measures are not being maintained.
Certificate of Plan Approval not posted at the entrance of the project.
b. Failure within 21 calendar days of completion of any phase of grading, to plant or otherwise
provide exposed graded slopes or fills with temporary or permanent ground cover, devices, or
structures sufficient to restrain erosion G.S. 113A-57(2).
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone], FAX [phone]
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CERTIFIED MAIL
River Dunes Corporation
ATTN: IS& J. Edwin Mitchell, Jr., President
May 25, 2007
Page 2
The inspection revealed that barren slopes on fill areas and along roadside drainage swales and
are eroding resulting in sedimentation into adjoining wet areas and/or natural watercourse.
C. Failure to install and maintain all temporary and permanent erosion and sedimentation control
measures as required by the approved plan or any provision of the Act, and Hiles adopted
thereunder, during or after the development of a site. 15A NCAC 4B.0113.
The inspection revealed that silt fence and other temporary and permanent erosion control
measures have not been maintained and are failing, resulting in sedimentation into adjoining wet
areas and/or natural watercourse.
d. Failure to post the Certificate of Plan Approval at the project entrance. 15A NCAC
4B.0127(b).
The inspection revealed that the certificate of Plan Approval is not posted at the entrance of the
project.
To correct these violations, you must:
WITHIN 10 DAYS OF RECEIPT OF THIS NOTICE OF VIOLATION submit a revised
plan along with the appropriate plan review fee, showing all planned or completed development
activity not indicated on the erosion and sedimentation control plan approved by this office on
June 20, 2006.
2. WITHIN 5 DAYS OF RECEIPT OF THIS NOTICE OF VIOLATIONS properly install,
reinstall, and/or maintain erosion and sedimentation control measures and/or devices throughout
the site sufficient to retain sediment from entering a wet area and/or natural watercourse per the
approved plan.
3. `°WITHIN 7 DAYU OF RECEIPT OF "THIS NOTICE OF VIOLATIONS provide a
groundcover sufficient to restrain erosion on all exposed slopes per the approved plan.
Please note that merely planting grass seed does not satisfy the requirements of "vegetative cover" or of
"ground cover sufficient to restrain erosion." These requirements are not satisfied until an adequate cover of
grass or other ground cover (such as properly applied and secured, mulched seeding or appropriate rip -rap) is
established which is, in fact, sufficient to restrain accelerated or man-made erosion.
The penalty for an initial violation could be an assessment of up to $5,000.00. A time period for
compliance is not required for enforcement. of this violation pursuant to NCGS 113A-61.1(c) and NCGS 113A-
64(a)(1). Therefore, the initial violation may be referred to the Director, Division of Land Resources, for
appropriate action.

CERTIFIED MAIL
River Dunes Corporation
ATTN: Mr. J. Edwin Mitchell, Jr., President
May 25, 2007
Page 3
Please be advised that if these violations are not corrected within the time indicated, the Director,
Division of Land Resources, will be requested to take appropriate legal action against you pursuant to NCGS
113A-64. That action could be the assessment of a civil penalty, and the amount maybe up to $5000 per day for
each day of the violation. The penalty may be assessed from the date of the violation, NCGS I I3A-64(a)(1). If
the violations are corrected within the time period specified for compliance, no further legal action will be pursued
by this agency.
Please be advised that any new land -disturbing activity associated with this project should not begin until
the area presently disturbed is brought into compliance with the Act. When corrective actions are complete, you
should notify this office so that work can be inspected. You should not assume that the property is in compliance
with the Act until we have notified you. After installation, all erosion control measures must be maintained in
proper working order until the site is completely stabilized.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time,
it is your responsibility to understand and comply with the requirements of the Act. Copies ofthe relevant statute
and administrative rules may be examined at this office or will be sent to you upon request. Should you have
questions concerning this notice or the requirements of the Act please contact either Gary Novak or me at your
earliest convenience.
Sincerely,
�O/` / :-
Patrick H. McClain, PE
Regional Engineer
PHM: gan
Enclosures: Sedimentation Inspection Report
cc: Mr. Gray Hauser, PE, State Sedimentation Specialist
Mr. Alton Hodge, Regional Water Quality Supervisor
Ms. Tere Barrett, Division of Coastal Management Regional Supervisor
LQ Files

River Dunes
6/9/2008
Page 2 of 2
I concluded the meeting after attempting to answer some of Mr. Mitchell's questions and
concerns regarding the DCM violation investigation process. I made a follow-up phone call to
Officer Witten on my way back to Morehead City. The remainder of the investigation has since
been coordinated through the DCM Compliance and Enforcement Section.
I hope that this narrative is satisfactory. If there are any further questions or concerns relating to
this matter, please do not hesitate to contact me. I will try to address them to the best of my
abilities. I appreciate your time and consideration in this matter.
CC: Ted Tyndall
Roy Brownlow
Ryan Davenport

r
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:
June 9, 2008
TO:
Tere Barrett
FROM:
Brad Connell 00
SUBJECT: Summary of investigation procedure at River Dunes
On the afternoon of August 6, 2007 I met with Ed Mitchell and Tony Manning of River Dunes.
At their request, I delineated the normal water level of approximately 1,500 linear feet of
shoreline along the Neuse River. The purpose of this delineation was to fulfill a condition of .
State Permit #146-01 regarding shoreline stabilization.
On May 22, 2008 at approximately 11:30 am I received a call from Doug Huggett informing me
that Officer Bob Lyons and Officer Carter Witten of the DMF had called the DCM regarding the
fill of coastal marsh at River Dunes in Pamlico County. I telephoned Officer Witten for more
information on the location and the nature of the complaint. He and Officer Lyons estimated that
approximately 2,100 square feet of coastal marsh had been filled at the River Dunes
development on Neuse River. I then informed him that I was en route to begin investigating the
issue.
Upon arrival, Ed Mitchell of River Dunes met me at the entrance to the community and we then
proceeded to drive to the area (ref. Rover file # M052213A) in question. I explained to Mr.
Mitchell my role of collecting empirical data to aid in a determination. He indicated to me that
the construction crew possibly exceeded the authorized work corridor of the afore mentioned
shoreline stabilization project.
Officer Lyons and Officer Witten were there on site for a brief period of time before returning to
their normal duties. I then proceeded to take numerous digital pictures of the area in question. I
evaluated fill soil depths using an auger. Upon completion of my noted observations, I flagged
the impacted coastal wetland area that was disturbed (2,393 square feet). Mr. Mitchell indicated
that he would immediately have the flagged area of disturbance surveyed.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity 1Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

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CD a„��_.•.pb ORIENTAL, N.C. CAyOUNAENO/,VEERS
CD
~ - RIVER SIDE WETLAND ENHANCEMENT P.O. DRAWER 1578
SECTION WITH DETAILS NEW BERN, NC 28563
252.633.2424
REVISIONS

File note 1/8/08: Spoke with Ed Mitchell and explained that there was an open violation
with DWQ and therefore DCM could not issue a minor violation until that violation was
closed.

b)Tget-
River Dunes Corporation
Attn: Ed. Mitchell
PO Box 1505
New Bern, NC 28563
Michael F. Easley, Governor
William G. Ross Jr., secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek P.E. Director
Division of Water Quality
May 9, 2007
DWQ Project # 07-0764
Pamlico County
Page 1 of 3
MAY
1 0 2007
Subject Property: River Dunes Morehead City DCM
Orchard Creek Road, Pamlico County
Neuse River Basin, Broad Creek, 030410, 27-141, SA, HQW, NSW
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233(9)(b)j
Dear Mr. Mitchell:
You have our approval, in accordance with the conditions listed below, to impact approximately
1353 square feet (ft) of Zone 2 of the protected buffers to construct Electrical utility structures at
the subject property as described within your variance request dated May 4, 2007 and received
by the Division of Water Quality (DWQ) on May 4, 2007. This letter shall act as your Minor
Variance approval as described within 15A NCAC 2B .0233(9)(b). In addition to this approval,
you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment
Control or CAMA regulations.
This approval is for the purpose and design that you described in your application. 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(s) must be given a copy of this variance approval and is
thereby responsible for complying with all conditions. This approval requires you to follow
any conditions listed below.
The Additional Conditions of the Certification are:
1. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) shall
occur to Zone I of the protected riparian buffers unless otherwise approved by the DWQ. No
impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWQ.
North Carolina Division of Water Quality Inl neat h2o.ennslate.nc.us
943 Washington Square Mall Phone: 252-W-6491 7��Onee
Washington, NC 27889 FAX [phone]V Oi hCar/7�a.
A 1 t.... � //. .

Applicant
Page 2 of 3
Date
2. Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required area
of mitigation to compensate for impacts to the protected riparian buffers is 1353 square feet
as required under this variance approval and 15A NCAC 2B .0233. We understand that you
wish to make a payment into the Riparian Buffer Restoration Fund administered by the NC
Ecosystem Enhancement Program (EEP) to meet this mitigation requirement This has been
determined by the DWQ to b&asuitable method to meet the mitigation requirement. In
accordance with 15A NCAC 2B .0233, this contribution will satisfy our compensatory
mitigation requirements under 15A NCAC 2B .0233(9)(C). Until the EEP receives and
clears your check (made payable to: DENR — Ecosystem Enhancement Program Office), no
impacts specified in this variance approval .gball occur. Ms. Susan Klimek should be
contacted at [phone] if you have any questions concerning payment into the EEP.
For accounting purposes, this variance approval authorizes payment into the Riparian
Buffer Restoration Fund to compensate for 2030 ftZ of required riparian buffer
mitigation for impacts to 1353 fe of protected riparian buffers; 03-04-10, 27-141 river
and subbasin.»
The DWQ will also accept an alternative method of mitigation (including but not limited to
Buffer Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A NCAC 02B
.0233) to satisfy this mitigation requirement. If you choose to pursue this option, then you
are required to submit in writing a mitigation plan to the DWQ 401 Oversight/Express
Permitting Unit for review and approval. No impacts shall occur to the protected buffers
until the mitigation plan is approved by the DWQ.
3. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non -erosive
velocities through the protected stream buffers and will not re -concentrate before discharging
into the stream as identified within 15A NCAC 2B .0233(5).
4. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401Oversight/Express Permitting Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If
you do not accept any of the conditions of this approval, you may ask for and 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, NC
27699-6714. This approval and its conditions are final and binding unless you ask for a hearing.
This Minor Variance Approval shall expire five (5) years from the date of this letter.

Applicant
Page 3 of 3
Date
This letter completes the review of the Division of Water Quality under the Neuse River
Riparian Buffer Protection Rules [15A NCAC 2B .0233(9)(b)]. Please call Kyle Barnes at (252)
948-3917 if you have any questions or require copies of our rules or procedural materials.
Sincerely,
Al Hodge/Supervisor
Division of Water Quality.
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
cc: DWQ WaRO Regional Office
DWQ/401 Central Office, Cyndi Karoly
Central Files
Pamlico Co; Dept. of Building Inspections
CAMA /Morehead Office, Stephen Lane

Certification of Completion
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
Date:
1, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials,
Signature:
Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Pennittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved .plans and
specifications, and other supporting materials.
Signature: Registration No. Date

River Dunes
Subject: River Dunes
From: Robin Beveridge <[e-mail]>
Date: Tue, 08 Jan 2008 10:24:22 -0500
To: Kyle Barnes <[e-mail]>, Ian McMillan <[e-mail]>, Daniel
Govoni <Daniel. Govoni @ ncmail.net>
Request comments as soon as possible
Robin Beveridge <[e-mail]>
Major Permits and Consistency
NC DENR
Division of Coastal Management
Content -Type: application/pdf
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1 of 1 1/8/2008 10:43 AM

A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
DATE: October 24, 2007
TO: Doug Huggett
THRU: Tere Barret
FROM: Brad Conne
SUBJECT: River Dunes,
Please find enclosed a letter fi
requesting a minor permit moc
the construction of an upland t
Orchard Creek Road, in Pamlic
The applicant was authorized fc
extend more than an average of
15' offshore. In effect, the appli,
type of sill for wetland enhancen
5' wide openings along every 100'
water level.
James H. Gregson, Director
MEMORANDUM
William G. Ross Jr., Secretary
_.-. u UI
. Ucrn of riprap to create a
uun with the shoreline stabilization. It will have
and the height of the sill will not exceed 6" above the normal
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: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Adion Employer-50% Recycled \ 10% Post Consumer Paper

Permit Number
146-01
Permit Class
MODIFICIATIONMNOR
RENEWAL
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
edit
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 Durres Corporation, PO Box 1505 New Bern, NC 28563
Authorizing development in Pamlico County at Confluence of Broad Creek and Neuse River, SR
1317 (Orchard Creek Road) , as requested in the permittee's letters dated 12/14/06, and 3/20/07,
including the attached workplan drawings (2) dated "revised 12/14/06", and one dated 3/27/07.
This permit, issued on August 29, 2007 , 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 orcivil action; or may cause the permit to be null and void.
1) Unless specifically altered herein, this minor modification authorizes the following:
a. The adjustments of the lots and associated roads to improve the open space design and
conform to the stormwater design as approved by the Division of Water Quality;
b. The redesign of the ponds located at the entrance and along the parkway;
c. The relocation of the structures originally located at the marina to the pond along the Parkway
and the addition of nine guest cottages to this area to create the "Fish and Wildlife Center
with dock";
d. The addition of six nature cottages at the "Nature and Canoe Facility";
e. The modifications to the entrance plan;
f. The modification to the marina and community service buildings;
g. The reconfiguration of docks C through E;
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 [phone] determination.
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 shall 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 shall 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.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
V.
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
2) This minor modification/renewal 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 form the US Army
Corps of Engineers.
3) This minor modification/renewal shall be attached to the original of Permit No. 146-01, which was
issued on 11/20/O1, 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.
4) All conditions and stipulations of the active permit remain in force under this minor
modification/renewal, unless specifically altered herein.

Permit Number
146-01
Permit Class
MODIFICIATION/MINOR
RENEWAL
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
'Vennit
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 at Confluence of Broad Creek and Neuse River, SR
1317 (Orchard Creek Road) as requested in the permittee's letters dated 12/14/06, and 3/20/07,
including the attached workplan drawings (2), dated "revised 12/14/06", and one dated 3/27/07.
This permit, issued on August 29, 2007 , 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
)e suolect to Tines, imprisonment or ctvn action; or may cause me permit to oe nun aria voia.
1) Unless specifically altered herein, this minor modification authorizes the following:
a. The adjustments of the lots and associated roads to improve the open space design and
conform to the stormwater design as approved by the Division of Water Quality;
b. The redesign of the ponds located at the entrance and along the parkway;
1;. The relocation of the structures originally located at the marina to the pond along the Parkway
and the addition of nine guest cottages to this area to create the "Fish and Wildlife Center
with dock';
d. The addition of six nature cottages at the "Nature and Canoe Facility";
e. The modifications to the entrance plan;
f. The modification to the marina and community service buildings;
g. The reconfiguration of docks C through E;
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 [phone] determination.
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 shall 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 shall cease when the permit expires on
December 31, 2008
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
v H
James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee

River Dunes Corporation
Permit# 146-01
Page 2 of 2
ADDITIONAL CONDITIONS
2) This minor modification/renewal 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 form the US Army
Corps of Engineers.
3) This minor modification/renewal 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.
4) All conditions and stipulations of the active permit remain in force under this minor
modification/renewal, unless specifically altered herein.

LT 15 WA
MCDENR
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
August 29, 2007
River Dunes Corporation
PO Box 1505
New Bem 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, [phone] 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. To facilitate this review, we request that
you complete and mail the enclosed Notice Card just prior to work initiation. 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,
Douglas ugg
g�ettV
Major Permits and Consistency Manager
Enclosure
400 Commerce Avenue, Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.necoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper

Permit Class
Permit Number
MODIFICIATIONMNOR 146-01
RENEWAL STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
� ermcit � r ., (F�(�
for jiC,L�(y �� o
X Major Development in an Area of Environme ncern
pursuant to NCGS 113A-118 SEP 1 7 2007
X Excavation and/or filling pursuant to NCGS MbFiihead City DCM
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, SR
1317 (Orchard Creek Road) , as requested in the permittee's letters dated 12/14/06 and 3/20/07.
includine the attached workDlan drawings (2). dated "revised 12/14/06", and one dated 3/27/07.
This permit, issued on August 29 2007 , 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
De subject to rmes, imprisonment or ctvu action; or may cause me permit to oe null WILL vow.
1) Unless specifically altered herein, this minor modification authorizes the following:
a. The adjustments of the lots and associated roads to improve the open space design and
conform to the stormwater design as approved by the Division of Water Quality;
b. The redesign of the ponds located at the entrance and along the parkway;
c. The relocation of the structures originally located at the marina to the pond along the Parkway
and the addition of nine guest cottages to this area to create the "Fish and Wildlife Center
with dock";
d. The addition of six nature cottages at the "Nature and Canoe Facility";
e. The modifications to the entrance plan;
f. The modification to the marina and community service buildings;
g. The reconfiguration of docks C through E;
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 [phone] determination.
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 shall 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 shall cease when the permit expires on
December 31, 2008 C
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.
This
James H. Gregson, Director
Division of Coastal Management
hereby accepted.
Signature of Permittee

River Dunes Corporation
Permit# 146-01
Page 2 of 2
ADDITIONAL CONDITIONS
2) Aminor modi ation/renewal 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 form the US Army
Corps of Engineers.
3) This minor modification/renewal shall be attached to the original of Permit No. 146-01, which was
issued on 11/20/O1, 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.
4) All conditions and stipulations of the active permit remain in force under this minor
modification/renewal, unless specifically altered herein.

Permit# O/
DCM Coordinator: 2),�ngdir .
MAILING DISTRIBUTION
Permitee: e.-JrP/
Agent:
DCM Field Offices:
Elizahah City
head City
Wilmington
US ACOE Offices:
Washington: Raleigh Bland
Scott Jones
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Wilmington Dave Timpy
Cultural Resources: Renee Gledhill -Early
Public Water Supply: Debra Benoy (WIRO)
Fred Hill (WARD)
Marine Fisheries: Anne Deaton
NC DOT: Ken Pace
Shellfish Sanitation:
Patti Fowler
State Property:
June Michaux
Water Quality:
Cyndi Karoly
John Hennessy (NC DOT)
Washington:
Vivian Christy q/�/ �G v
Wilmington: Ed Beck
Wildlife Resources: Maria Dunn (WARO)
Molly Elwood (WIRO)
LPO:
Fax Distribution: Petmitee #
Agent

River Dunes Corporation
416A Pollock Street
New Bern, North Carolina 28560
December 14, 2006
Mr. Stephen Lane
NCDENR
Division of Coastal Management
151-13 Hwy. 24, Hestron Plaza II
Morehead City, North Carolina 28557
Dear Mr. Lane,
��C ! M Mug
Morehead City DCM
River Dunes Corporation request that the CAMA Major Permit #146-01 with any modifications
and refinements be extended for an additional two year period, also requested is the inclusion of
refinements to the Master Land Plan as shown on the attached plan described as "CAMA Permit
Plan" sealed and dated 12-14-06.
The project has been actively worked on for the past several years. During this period the project
has continued its extensive planning and engineering for the active construction phase which is
now well underway. It was expected from the beginning that this would not only be a long term
project but also a complicated project, a project that would require a number of modifications
and refinements as we progressed through the execution phase of the master plan. However,
unchanged are the basic core values and principles of sustainable and low impact development
embraced by the community plan.
Current activity on the site include: completion of the marina basin to include final grading and
landscaping around the basin, construction of the major roadways, construction of the on site
infiltration basins and ponds, the main entrance, construction of the Harbor Club and design and
prep for the other major amenities. Additionally, the off site waterlines, the sewer transmission
lines and transmission station have been completed. On site utilities (fiber-optic, power, water
and sewer) are currently being installed. Single family home construction began mid 2006.
Also, during the year approvals were given for updates on the Sedimentation and Erosion
Control permits, approval for modifications and refinements to the overall low density
stormwater permit, (April 24, 2006), enclosed is a copy of the site plan for that approved permit.
Permits have also been approved for several of the pockets of high density around the marina,
(Harbor Village I, IIA, 4A, and the Village Center) these are the areas as proposed in the original
permit that were to be submitted as plans progressed.
I have enclosed copies of the following:
*CAMA Permit Plan — Dated June 22, 2006 (sealed and dated 12-14-06). This is the
updated master plan showing the refinements we wish to include.

Master Plan — for stormwater. This is a copy of the plan submitted and approved in the
Stormwater permit. You will see that the refinements requested in the "CAMA Permit
Plan" are reflected in the updated approved stormwater plans.
Master Plan PUD Development - This is a copy of the most recent Master Plan approved
by Pamlico County, You will see that the refinements requested in the "CAMA Permit
Plan" are reflected in the updated approved PUD Plan, the plan meets all the
requirements of the ordinance and the County Land Use Plan.
Attached is a check for $100.00 made payable to NCDENR to cover the cost of extension.
Should you have any additional questions, please do not hesitate to contact me by phone at 252-
634-3373 or via e-mail ed.mitchell(a)riverdunes.com.
Sincerely,
Ed Mitchell
President
River Dunes Corporation
cc: Raleigh Bland — US Army Corps of Engineers
r r r II
r r, r
Ile
Mureilead City DCM

March 20, 2007
Stephen Lane
Division of Costal Management
NC Dept of Environment and Natural Resources
Morehead City, North Carolina 28557
9fr.
MO 2 j 2uti1
MQrshesd City 9CM
Subject: River Dunes Permit Number 146-01
1) Refinement to the Master Site Plan and Manna Layout attached to and
referenced in the January, 2006 modification.
2) Updates and modifications to other related permits.
Attached: Master Plan CAMA Revision December 14, 2006
Manna Plan — River Dunes Manna Village 400 slips 3-27-07
Dear Mr. Lane:
In our last meeting you requested that I identify the key refinements to the community
plan. I have attached a copy of the most recent land plan and an enlarged copy of the
marina layout.
As described in the project narrative, River Dunes is a predominately residential
community with an overall project density of approximately 1 residential living unit per
acres 2 ( this is approx. 50% of the density allowed under the PUD and the land use plan)
with associated manna (400 wetslips), recreational and service amenities.
The community developer along with the many stakeholders, including numerous
agencies within NCDENR have collaborated in a comprehensive planning approach that
combines the health of the environment with the strength of the economy to enhance the
character of the community.
As the community has moved forward from concept to site design and now
implementation, there have been refinements and actions taken that we hope will yet still
improve the original plan.
The following bullets will summarize the primary refinements to the plan since the
modification issued January 13, 2006, all of which are shown on the new site plan that is
attached for your review:
The lots and associated roads have been adjusted to improve the open space
design and conform to the stormwater design as approved by DWQ. The new
stormwater plans include several new BMPs to include bio retention. The new
design has allowed for a slight increase in the number of single family lots,
mainly in the Harbor Village area, adjusting the total from 600 to 638 single
family lots. This number is still far below the allowed number of 1330 in the
PUD.
2. The ponds at the entrance and on the parkway have been given more shape
along the shoreline to achieve a more natural result.

3. The structures originally located at the marina channel have been moved to the
pond along the Parkway to become the Fish and Wildlife Center with dock.
Nine small guest cottages have been added in this area. There have also been
added six additional nature cottages at the Nature and Canoe Facility.
4. The entrance plan has been modified to improve the safety as recommended and
permitted by NCDOT, the entrance structures are shown on the plan — security
bldg., barn, and boathouse with dock on the pond.
5. The site of the marina and community service buildings, along with the guest
quarters that are adjacent to the marina basin have been adjusted to conform
better with the stormwater plan and to facilitate the traffic flow through the
Village Center. (See attached plan)
6. There are still 400 slips ranging in size from 30' to 60'in the marina with a
pump out and fuel station, the plan is the same as the plan attached to the
Modification in January, 2006, except that C thru E dock have been
reconfigured due to the removal of the beach area at the request of DWQ, (see
attached marina plan dated 3/27/07), the Marina will not allow boats with a
draft greater than 7' to enter or be docked, all boats shall be fully contained
within their designated slip, maximum hull lengths shall not exceed the length
of the slip.
7. The residential areas around the marina have been further identified.
8. During the year approvals were given for updates on the Sedimentation and
Erosion Control permits, approval for modifications and refinements to the
overall low density stormwater permit, (April 24, 2006), enclosed is a copy of
the site plan for that approved permit. Permits have also been approved for
several of the pockets of high density around the marina, (Harbor Village I, IIA,
4A, and the Village Center) these are the areas as proposed in the original
permit that were to be submitted as plans progressed.
We believe these refinements will enhance the overall quality of the River Dunes
Community. Please contact our office with any questions 252-634-3373.
Thank You.
Sincere
Ed Mitchell `
President
River Dunes Corporation
416 Pollock Street
New Bern, North Carolina 28560
252-634-3373 ed.mitchellAriverdunes.com

'I a
A7A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,
Secretary
MEMORANDUM: GtJC'a
TO: DOUG HUGGETT
FROM: TERE BARRETT
SUBJECT: EXTENSION AND MODIFICATION REQUEST
CAMA MAJOR PERMIT#146-01,
RIVER DUNES CORPORATION, PAMLICO COUNTY
DATE: July 16, 2007
Please find enclosed a request from Mr. Ed Mitchell, President of River Dunes
Corporation, to extend and modify State Permit # 146-01 dated 3/20/07. This permit was
Originally issued to Weyerhaeuser Real Estate Development Company on 11/20/01 for
the construction of a 600 home subdivision, a 400-boat slip high ground marina basin, a
boat ramp, and to install 11,300 ft of shoreline stabilization. The permit was transferred
from Weyerhaeuser to. Granite Investment Properties, LLC on March 17, 2003. It was
then transferred from Granite Investment Properties, LLC to the River Dunes
Corporation on July 13, 2004. The permit was renewed on December 13, 2004 and
expired on December 31, 2006. A minor modification of the permit was issued on
February 8, 2005 to allow the use of a hydraulic dredge for the proposed excavation of
the access channel as opposed to barge mounted excavator with a clam shell bucket.
The permit was again modified on January 13, 2006 to allow multiple modifications to the
permit including adjustment to the property lines and road layout, relocation and addition
of community buildings, additional utility infrastructure, and the addition of a 4000' long
retaining wall adjacent to the Neuse River. The permit was then refined on December 8,
2006 to allow two floating channel markers to be placed 50' waterward of the River
Dunes marina basin entrance canal.
Current and ongoing development activities include final grading around the marina,
utility and roadway construction, and construction of the Harbor Club. The installation of
off -site water and sewer lines have been completed. Construction of single-family
homes within the subdivision began in the summer of 2006 and several have been
completed.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

Mr. Mitchell has proposed to modify the permit further in accordance with the submitted
CAMA Master (Subdivision) Plan dated December 14, 2006 and the Marina Plan dated
March 27, 2007. The refinement includes further adjustment to the proposed property
lines, roads, and community buildings. The changes would result in an increase from the
currently permitted 600 single-family home lots to 638 single-family home lots within the
subdivision. The marina design would also be changed such that the marina would still
be set up for 400 slips, but would reconfigure Docks C through E.
I have no objections to the proposal with reference to the attached drawings if all existing
conditions remain valid unless modified herein. By virtue of Section 15A NCAC 07J
.0404(b), the permittee is allowed a two year extension on this permit. A copy of the
check for the $200.00 renewal and minor modification fees is attached.
Attachment
CC: Scott Jones, USACE, Washington

N
River Dunes Corporation
Attn: Ed Mitchell
PO Box 1505
New Bern NC 28563
Michael F. Easley, Governor
William G. Ross Jr., secretary
North Carolina Department of Environment and Natural Resources
May 7, 2007
Alm W. Klimek P.E. Director
Division of Water Quality
DWQ Project # 07-0765
Pamlico County
FpsaWED
MAY 1 0 2007
Subject Property: River Dunes
head City DCM
Orchard Creek Road, Pamlico
Neuse River Basin, Broad Creek, 030410, 27-141, SA, HQW, NSW
AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B .0233) Authorization Certificate
Dear Mr. Mitchell:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed below,
to impact approximately 2700 ft of Zone 1 and 1800 f of Zone 2 of the protected riparian buffers for the
purpose of constructing walkways to fifteen water dependant structures at the subject property as
described within your application dated May 4, 2007. In addition, you should obtain or otherwise comply
with any other required federal, state or local permits before you go ahead with your project including
(but not limited to) Erosion and Sediment Control, Non -discharge, and CAMA regulations.
This authorization is for the purpose and design that you described in your application. 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 authorization letter and is thereby responsible for
complying with all conditions. This authorization requires you to follow the conditions listed below.
The Additional Conditions of the Authorization are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
Amount Approved Units
Plan Location or Reference
Stream
na feet
na
404/CAMA Wetlands
na acres
na
Waters
na acres
na
Buffers
2700 (square ft.) Zone I
na
1800 (square ft. Zone II
na
North Carolina Division of Water Quality In*met h2o.enr.state.nc.us
943 Washington square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
NokCarolina

Applicant:
Page 2 of 2
Date:
2. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non -erosive
velocities through the protected stream buffers and will not re -concentrate before discharging into the
stream as identified within 15A NCAC 2B .0233(5).
3. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to the
401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B. This Authorization Certificate shall
expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B
.0233. If you have any questions, please telephone Kyle Barnes of the Washington Regional Office at
252-948-3917 or Amy Chapman of the 401 Oversight/Express Unit at 919-715-6823. This letter does not
authorize any impacts to either Waters of the United States or Waters of the State. Please contact the US
Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if any impacts are
proposed to either of these waters.
Enclosures: Certificate of Completion
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Morehead Office
File copy
Central Files
Sincerely,
ho^c Al Hodge/Supervisor
Yv Division of Water Quality
Surface Water Protection
Washington Regional Office
Filename: 07-0765

'f
Certification of Completion
DWQ Project No.:
Applicant: -
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Date:
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date

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
kColeen H. Sullins, Director
Division of Water Quality
,
October 29, 2007 IC
j 3 1 2007
Morehead City I)CM
Subject: Stormwater Permit No. SW7070911
River Dunes Marina & Residential Development
Harbor Village III
High Density Project
Pamlico County
The Washington Regional Office received a complete Stormwater Management Permit Application
for River Dunes Marina & Residential Development — Harbor Village III on October 17, 2007. Staff
review of the plans and sppecifications has determined that the project, as proposed, will comply
with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit
No. SW7070911 dated October 29, 2007, for the construction of the subject project.
This permit shall be effective from the date of issuance until October 29, 2017, 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 [phone].
40dgAI
incerel j,
Regional Supervisor
Surface Water Protection Section
AH/sav: C:\STORMWATER\PERMIT\SW7070911
cc: Grant Livengood, PE
v-Doug Huggett, CAMA
Pamlico County Building Inspections
Washington Regional Office
Central Files NpythCam na
�J/►v� !J!!U
North Carolina Division of Water Quality Washington Regional Office Phone [phone] FAX [phone] Customer Service
Internet w .newateraualirv.ora 943 Washington Square Mail, Washington, NC 27889 1-877.623-6748
An Equal Opportunity/AffirmativeActionEmployer-50%Regded/10%PostConsumerPaper

State Stormwater Management Systems
Permit No. SW7070911
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
Harbor Village N
Pamlico County
FOR THE
construction, operation and maintenance of two infiltration basins in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stonnwaterrules') 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 October 29, 2017, 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 I, number 5 on page 3 of this permit. The stormwater controls have
been designed to handle the runoff from 1.44 acres 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. Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit. 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 9

State Stormwater Management Systems
Permit No. SW7070911
0
5. The following design criteria have been provided in the infiltration basins and must be
maintained at design condition:
DA 1 DA 2
a. Drainage Area, ft2: 49;290 8-57015
b.
Total Impervious Surfaces, acres:
24,006 38,901
C.
Design Storm, inches:
3.0 3.0
d.
Basin Depth, ft.:
2.00 2.00
e.
Bottom elevations, FMSL:
3.30 3.30
f.
Bottom Surface Area, ftZ:
2,459 4,135
g.
Bypass Overflow Elevations, FMSL:
5.30 5.30
h.
Permitted Storage Volume, ft3:
6,405 10,035
i.
Type of Soil:
Poorly graded silty sands (fill)
j.
Expected Infiltration Rate, in/hr:
1.30 1.30
k.
Seasonal High Water Table, FMSL:
1.15 1.10
I.
Receiving Stream / Neuse River Basin:
Neuse River
M.
Stream Index Number:
27-(118)
n..
Classification of Water Body:
"SA; HQW, NSW'
6. Both treatment systems are designed to overflow a weir/flow spreader prior to
discharging across the minimum 50 foot Neuse Riparian Buffer. The flow spreaders are
required to be regularly maintained at design conditions as shown per the approved
plans.
11. 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.
Page 3 of 9

State Stormwater Management Systems
Permit No. SW7070911
g. A clear access path to the bypass structure must be available at all times.
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.
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. The stormwater systems shall not be used as Erosion Control devices. They must be
kept off line and free from sediment until the project is complete and the entire site has
been stabilized.
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 October 29, 2017.
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.
Page 4 of 9

State Stormwater Management Systems
Permit No. SW7070911
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.
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 SW7070911, 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.
f. 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.
i. The approved Operation and Maintenance Plan(s) must be followed in its entirety
and maintenance must occur at the scheduled intervals, including reporting where
applicable.
j. All roof drains must terminate at least 50 feet from the mean high water mark.
k. Projects covered by this permit will maintain a minimum 50-foot wide vegetative
buffer between all impervious built -upon areas and surface waters.
I. Built -upon area in excess of the permitted amount will require a permit
modification.
Page 5 of 9

State Stormwater Management Systems
Permit No- SW7070911
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.
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. 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.
Page 6 of 9

State Stormwater Management Systems
Permit No. SW7070911
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 for the life of the project.
Permit issued this the 29th day of October, 2007.
ENVIRONMENTAL MANAGEMENT COMMISSION
`I— t—tpPS —� ^ for
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7070911
Page 7 of 9

State Stormwater Management Systems
Permit No. SW7070911
River Dunes Marina & Residential Development --
Harbor Village III
Stormwater Permit No. SW7070911
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 8 of 9

State Stormwater Management Systems
Permit No. SW7070911
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 9 of 9

�OF VJATF9Q �r� •e c,-c r� Cv (yti V 1 - b (, } Michael F. Easley, Governor
/ William G. Ross Jr., Secretary
(O I l u I North Carolina Department of Environment and Natural Resources
6 Coleen H. Sullins, Director
p .r Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
February 28, 2008
Mr. Ed Mitchell, President
River Dunes Corporation
416 Pollock Street
New Bern, NC 28560
Subject Property: River Dunes Subdivision off Orchard Creek Road
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Mitchell:
DWQ#07-0765 Ver.2
Pamlico County
R
R!!Q�r
{i 0
MAR 1 0 2008
Morshood City DCM
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 httD://h2o.enr.state.nc.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 Carolina Division of Water Quality Internet h2o.enrstate.maus
943 Washington Square Matt Phone: [phone] Ile
Washington, NC 27889 FAX [phone] Noc6fffiCarolina
An Equal Opportunity/Af8rmafiveAction Employer- 50%Recycled/10%Post Consumer Paper Natu ally,

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,
A] Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Filename: 07-0765 Vec2

Permit Number
146-01
Permit Class
MODIFICIATION/MINOR
RENEWAL
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Prlu 1t
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 at Confluence of Broad Creek and Neuse River, SR
1.317 (Orchard Creek Road) , as requested in the permittee's letters dated 12/14/06, and 3/20/07,
including the attached workplan drawings (2), dated "revised 12/14/06",and one dated 3/27/07.
This permit, issued on August 29, 2007 , 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 following:
a. The adjustments of the lots and associated roads to improve the open space design and
conform to the stormwater design as approved by the Division of Water Quality;
b. The redesign of the ponds located at the entrance and along the parkway;
c. The relocation of the structures originally located at the marina to the pond along the Parkway
and the addition of nine guest cottages to this area to create the "Fish and Wildlife Center
with dock";
d. The addition of six nature cottages at the "Nature and Canoe Facility";
e. The modifications to the entrance plan;
f. The modification to the marina and community service buildings;
g. The reconfiguration of docks C through E;
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 [phone] determination.
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 shall 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 shall 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.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
N
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
2) This minor modification/renewal 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 form the US Army
Corps of Engineers.
3) This minor modification/renewal 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.
4) All conditions and stipulations of the active permit remain in force under this minor
modification/renewal, unless specifically altered herein.

u' i
State of North Carolina
Department of Environment and Natural
Washington Regional Office
Michael F. Easley, Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0220 0003 1487 2366
William G. Ross, Jr., Secretary
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
May 25, 2007
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
River Dunes Corporation
ATTN: Mr. J. Edwin Mitchell, Jr., President
Post Office Box 1505
New Bern, North Carolina 28563
RE: Project Name: River Dunes Phase I
Project ID: Pamli-2004-004
SR 1317 - Pamlico County
Drainage Basin: Neuse
Dear Mr. Mitchell:
100.
On May 21, 2007, personnel of this office inspected a project located on the eastern side of SR 1317
approximately 2 miles east of the intersection of SR 1321 and SR 1317, in Pamlico County, North Carolina. This
inspection was performed to determine compliance with the North Carolina Sedimentation Pollution Control Act
(Act) of 1973. The inspection revealed a land -disturbing activity of approximately 283 acres being conducted.
It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The
purpose of this letter is to inform you that this activity was found to be in violation of the Act, (NCGS I I3A-50
to 66) and/or Title 15A, North Carolina Administrative Code, Chapter 4 (15A NCAC 4). If you feel that you are
not responsible for the following violations, please notify this office immediately.
The violations that were found are:
a. Failure to conduct a land -disturbing activity in accordance with the approved erosion and
sedimentation control plan. G.S. 113A-57(5).
The inspection revealed that additional area is being disturbed for the information facility off SR
1317.Certificate of Plan approval not posted at the entrance of the project. Additional
development near the Marina and erosion and sediment control measures are not being
maintained.
b. Failure within 21 calendar days of completion of any phase of grading, to plant or
otherwise provide exposed graded slopes or fills with temporary or permanent ground
cover, devices, or structures sufficient to restrain erosion. G.S. 113A-57(2).
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone], FAX [phone]
An Equal Opportunity Employer 50%recycled/10%post-consumer paper

CERTIFIED MAIL
River Dunes Corporation
ATTN •.Mr. J, Edwin Mitchell, Jr., President
May 25,, 2007
Page 2
The inspection revealed that barren slopes on fill areas and along roadside drainage swales and
are eroding resulting in sedimentation into adjoining wet areas and/or natural watercourse.
C. Failure to install and maintain all temporary and permanent erosion and sedimentation control
measures as required by the approved plan or any provision of the Act, and rules adopted
thereunder, during or after the development of a site. 15A NCAC 4B.0113.
The inspection revealed that silt fence and other temporary and permanent erosion control
measures have not been maintained and are failing, resulting in sedimentation into adjoining wet
areas and/or natural watercourse.
d. Failure to post the Certificate of Plan Approval at the project entrance. 15A NCAC
4B.0127(b).
The inspection revealed that the certificate of Plan Approval is not posted at the entrance of the
project.
To correct these violations, you must:
WITHIN 10 DAYS OF RECEIPT OF THIS NOTICE OF VIOLATION submit a revised
plan along with the appropriate plan review fee, showing all planned or completed development
activity not indicated on the erosion and sedimentation control plan approved by this office on
April 26, 2004.
2. WITHIN 5 DAYS OF RECEIPT OF THIS NOTICE OF VIOLATIONS properly install,
reinstall, and/or maintain erosion and sedimentation control measures and/or devices throughout
the site sufficient to retain sediment from entering a wet area and/or natural watercourse per the
approved plan.
WITHIN 7 DAYS OF RECEIPT OF THIS NOTICE OF VIOLATIONS provide a
groundcover sufficient to restrain erosion on all exposed slopes per the approved plats.
Please note that merely planting grass seed does not satisfy the requirements of "vegetative cover" or of
"ground cover sufficient to restrain erosion." These requirements are not satisfied until an adequate cover of
grass or other ground cover (such as properly applied and secured, mulched seeding or appropriate rip -rap) is
established which is, in fact, sufficient to restrain accelerated or man-made erosion.
The penalty for an initial violation could be an assessment of up to $5,000.00. A time period for
compliance is not required for enforcement of this violation pursuant to NCGS I I3A-61.1(c) and NCGS 113A-
64(a)(1). Therefore, the initial violation may be referred to the Director, Division of Land Resources, for
appropriate action.

CERTIFIED MAIL
River Dunes Corporation
ATTN: Mr. J. Edwin Mitchell, Jr., President
May 25, 2007
Page 3
Please be advised that if these violations are not corrected within the time indicated, the Director,
Division of Land Resources, will be requested to take appropriate legal action against you pursuant to NCGS
113A-64. That action could be the assessment of a civil penalty, and the amount maybe up to $5000 per day for
each day of the violation. The penalty maybe assessed from the date of the violation, NCGS 113A-64(a)(1). If
the violations are corrected within the time period specified for compliance, no further legal action will be pursued
by this agency.
Please be advised that any new land -disturbing activity associated with this project should not begin until
the area presently disturbed is brought into compliance with the Act. When corrective actions are complete, you
should notify this office so.that work can be inspected. You should not assume that the property is in compliance
with the Act until we have notified you. After installation, all erosion control measures must be maintained in
proper working order until the site is completely stabilized.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time,
it is your responsibility to understand and comply with the requirements of the Act. Copies ofthe relevant statute
and administrative rules maybe examined at this office or will be sent -to you upon request. Should you have
questions concerning this notice or the requirements of the Act please contact either Gary Novak or me at your
earliest convenience.
Sincerely,
Patrick H. McClain, PE
Regional Engineer
PHM: gan
Enclosures: Sedimentation Inspection Report
cc: Mr. Gray Hauser, PE, State Sedimentation Specialist
Mr. Alton Hodge, Regional Water Quality Supervisor
Ms. Tere Barrett, Division of Coastal Management Regional Supervisor
LQ Files

,oA
,,y+y":a AnRo
rs
State of North Carolina
Department of Environment and Natural Resources
Washington Regional Office
Michael F. Easley, Govemor
William G. Ross, Jr., Secretary
CERTIFIED MAIL DIVISION OF LAND RESOURCES
RETURN RECEIPT REQUESTED LAND QUALITY SECTION
7007 0220 0003 1487 2373 May 25, 2007
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
River Dunes Corporation
Post O ice J. Edwin Mitchell, Jr., President
Post Office Box 1505 'I, VI�•f) \
New Bern, North Carolina 28563
RE: Project Name: River Dunes Ponds and Commercial Area
Project ID: Pamli-2006-017
SR 1317 - Pamlico County
Drainage Basin: Neuse
Dear Mr. Mitchell:
On May 21, 2007, personnel of this office inspected a project located on the eastern side of SR 1317
approximately 2 miles east of the intersection of SR 1321 and SR 1317, in Pamlico County, North Carolina. This
inspection was performed to determine compliance with the North Carolina Sedimentation Pollution Control Act
(Act) of 1973. The inspection revealed a land -disturbing activity of approximately 23.5 acres being conducted.
It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The
purpose of this letter is to inform you that this activity was found to be in violation of the Act, (NCGS 113A-50
to 66) and/or Title 15A,North Carolina Administrative Code, Chapter 4 (15A NCAC 4). If you feel thatyou are
not responsible for the following violations, please notify this office immediately.
The violations that were found are:
Failure to conduct a land -disturbing activity in accordance with the approved erosion and
sedimentation control plan. G.S. 113A-57(5).
The inspection revealed that additional development near the Marina and erosion and sediment
control measures are not being maintained. Certificate of Plan Approval not posted at the
entrance of the project.
b. Failure within 21 calendar days of completion of any phase of grading, to plant or otherwise
provide exposed graded slopes or fills with temporary or permanent ground cover, devices, or
structures sufficient to restrain erosion G.S. 113A-57(2).
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone], FAX [phone]
An Equal Opportunity Employer 50%recycled/10%post-consumer paper

A`
CERTIFIED MAIL
River Dunes Corporation
ATTN: Mr. J. Edwin Mitchell, Jr., President
May 25, 2007
Page 2
The inspection revealed that barren slopes on fill areas and along roadside drainage swales and
are eroding resulting in sedimentation into adjoining wet areas and/or natural watercourse.
C. Failure to install and maintain all temporary and permanent erosion and sedimentation control
measures as required by the approved plan or any provision of the Act, and rules adopted
thereunder, during or after the development of a site. 15A NCAC 4B.0113.
The inspection revealed that silt fence and other temporary and permanent erosion control
measures have not been maintained and are failing, resulting in sedimentation into adjoining wet
areas and/or natural watercourse.
d. Failure to post the Certificate of Plan Approval at the project entrance. 15A NCAC
4B.0127(b).
The inspection revealed that the certificate of Phut Approval is not posted at the entrance of the
project.
To correct these violations, you must:
WITHIN 10 DAYS OF RECEIPT OF THIS NOTICE OF VIOLATION submit arevised
plan along with the appropriate plan review fee, showing all planned or completed development
activity not indicated on the erosion and sedimentation control plan approved by this office on
June 20, 2006.
2. WITHIN 5 DAYS OF RECEIPT OF THIS NOTICE OF VIOLATIONS properly install,
reinstall, and/or maintain erosion and sedimentation control measures and/or devices throughout
the site sufficient to retain sediment from entering a wet area and/or natural watercourse per the
approved plan.
WITHIN 7 DAYS OF RECEIPT OF THIS NOTICE OF VIOLATIONS provide a
groundcover sufficient to restrain erosion on all exposed slopes per the approved plan.
Please note that merely planting grass seed does not satisfy the requirements of "vegetative cover" or of
"ground cover sufficient to restrain erosion." These requirements are not satisfied until an adequate cover of
grass or other ground cover (such as properly applied and secured, mulched seeding or appropriate rip -rap) is
established which is, in fact, sufficient to restrain accelerated or man-made erosion.
The penalty for an initial violation could be an assessment of up to $5,000.00. A time period for
compliance is not required for enforcement of this violation pursuant to NCGS 113A-61.1(c) and NCGS 113A-
64(a)(1). Therefore, the initial violation may be referred to the Director, Division of Land Resources, for
appropriate action.

k
CERTIFIED MAIL
River Dunes Corporation
ATTN: Mr. J. Edwin Mitchell, Jr., President
May 25, 2007
Page 3
Please be advised that if these violations are not corrected within the time indicated, the Director,
Division of Land Resources, will be requested to take appropriate legal action against you pursuant to NCGS
113A-64. That action could be the assessment of a civil penalty, and the amount maybe up to $5000 per day for
each day of the violation. The penalty maybe assessed from the date of the violation, NCGS 113A-64(a)(1). If
the violations are corrected within the time period specified for compliance, no limber legal action will be pursued
by this agency.
Please be advised that any new land -disturbing activity associated with this project should not begin until
the area presently disturbed is brought into compliance with the Act. When corrective actions are complete, you
should notify this office so that work can be inspected. You should not assume that the property is in compliance
with the Act until we have notified you. After installation, all erosion control measures must be maintained in
proper working order until the site is completely stabilized.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time,
it is your responsibility to understand and comply with the requirements of the Act. Copies of the relevant statute
and administrative rules may be examined at this office or will be sent to you upon request. Should you have
questions concerning this notice or the requirements of the Act please contact either Gary Novak or me at your
earliest convenience.
Sincerely,
Patrick H. McClain, PE
Regional Engineer
PHM: gan
Enclosures: Sedimentation Inspection Report
cc: Mr. Gray Hauser, PE, State Sedimentation Specialist
Mr. Alton Hodge, Regional Water Quality Supervisor
Ms. Tere Barrett, Division of Coastal Management Regional Supervisor
LQ Files