176-05 Letter of Refinement 03/2007

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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
28 March 2007
Innsbrook le �. lL__J� ,
For The Rial Corporation 0
c/o Mr. William Stillwagon MAR p
319 South Maple Avenue 2007
Greensburg, PA 15601
Dear Mr. Stillwagon: ,
This letter of refinement is in reference to your 28 March 2007 facsimile (attached)
requesting a modification of Major CAMA Permit Number 176-05 issued to you on 09 November
2005. Permit Number 176-05 was issued for the development of a retaining wall with riprap
backfill, bulkhead, 399 single family lots, a golf course with club house, access roads and
parking areas in the Innsbrook development adjacent the Chowan River. The permitted activity
is located on the Chowan River and Salmon Creek, near the Merry Hill Township, at the end of
SR 1502, in Bertie County, North Carolina. This represents the fourth refinement of this permit.
You have requested permission to amend the permit so that the upstream end of the
retaining wall shown on the application plats as section "A" be reduced in total length, so that it
will end at the boundary line of lots 358 and 357 and avoid impacts to the archaeological site
identified as 31 BR38 by the Department of Cultural Resources. This request is an attempt on
your part to satisfy Condition No. 13 that requires you to obtain written approval from the
Department of Cultural Resources (Office of Archives and History (OAH)) prior to undertaking
activities authorized by CAMA Major Permit No. 176-05. 1 have received a letter (attached) from
Ms. Renee Gedhill-Earley of the OAH in which it is her opinion that your proposal will satisfy
Condition No. 13, providing no disturbance of site 31BR38 is undertaken without a
program of site testing, National Register of Historic Places evaluation, and if warranted,
proposed mitigation of site 31 BR38 in coordination with the OAH. Your request to
construct the retaining wall in Section "A" up to the lot line of lots 358 and 357 is hereby
authorized.
All permit conditions including the 31 December 2008 expiration date still apply and
remain unchanged. Thank you for your time and cooperation in this matter. If you have any
questions, please don't hesitate to contact me in the Washington Regional Office at 252-948-
3852.
Sincerely,
David W. Moye - Express Permit Coordinator
ATTACHMENT Washington Regional Office
cc: Doug Huggett- Majors Permits Chief, DCM
Raleigh Bland - U. S. Army Corps of Engineers
Renee Gledhill-Earley-Archives and History, Cultural Resources
943 Washington Square Mall,Washington,North Carolina 27889
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.neU
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North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B.Sandbeck,Administrator
Michael F.Easley,Governor Office of Archives and History
Lisbeth C.Evans,Secretary Division of Historical Resources
Jeffrey J.Crow,Deputy Secretary David Brook,Director
March 23,2007
Ralph Bailey,Jr.
Brockington and Associates,Inc.
1051 Johnnie Dodds Blvd.
Suite F
Mt. Pleasant, SC 29464
Re: Innsbrook for the Rial Corporation,Bertie County,ER 05-1808
Dear Mr. Bailey:
Thank you for your letter of March 6, 2007, forwarding the revised archaeological survey report and offer the
following comments.
One previously recorded archaeological site within the proposed project area, 31BR38,was revisited by the
survey. This site was not assessed in terms of eligibility for inclusion on the National Register of Historic
Places (NRHP) as a part of the work presented in this report. Since no testing was undertaken on this site,we
concur that the site is unassessed in terms of NRHP eligibility.
No additional archaeological resources were recorded as a result of the survey. The report concludes that the
work associated with the stabilization of the shoreline under CAMA Permit 176-05 will not affect any historic
properties. The report recommends that work should be allowed to proceed. We concur with this
recommendation with the caveat outlined below.
We understand that the shoreline stabilization work proposed under the existing CAMA permit has been
designed to avoid site 31BR38. The length of the proposed bulkhead has been shortened to terminate near the
eastern boundary of the site. As a result,there will be no direct disturbance to the site from construction
activities. Please note that we will recommend a program of site testing,NRHP evaluation, and,if warranted,
mitigation of site 31BR38 in the event that a state or federal permit or permit modification is necessary for any
proposed development in this area. By copy of this letter,we are notifying the Division of Coastal
Management and Army Corps of Engineers of this requirement.
The report meets our office's guidelines and those of the Secretary of the Interior. There are no additional
corrections which need to be addressed in regards to this report. The present version of this document can
serve as the final report.
Location Mailing Address Telephone/Fax
ADMINISTRATION 507 N.Blount Street,Raleigh NC 4617 Mail Service Center,Raleigh NC 27699-4617 [phone]/733-8653
RESTORATION 515 N.Blount Street,Raleigh NC 4617 Mail Service Center,Raleigh NC 27699-4617 [phone]/715-4801
SURVEY&PLANNING 515 N.Blount Street,Raleigh,NC 4617 Mail Service Center,Raleigh NC 27699-4617 [phone]/715-4801

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The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comments,
please contact Renee Gledhill-Earley, environmental review coordinator, at 919-733-4763, ext. 246. In all future
communication concerning this project, please cite the above-referenced tracking number.
Sincerely,
&d W.a-Q,6
Peter Sandbeck
cc: David Moye, Division of Coastal Management
Scott Jones,ACOE/Washington
William Stillwagon, Rial Corporation

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7248342711 13-24-11 03-28-2007 1 .'1
WILLIAM C. STILLWAGON P/C
Attorneys at Law
319 South Maple Avenue
Telephone[phone] Greensburg,Pennsylvania15601 Fax (724) 834-2711
March 28,2007
VIA FACSIMILE(252)948-0478
North Carolina Department of
Environment and Natural Resources
Division of Coastal Management
ATTENTION: DAVID W. MOYE
943 Washington Square Mall
Washington,NC 27889
Re: Innsbrook, for the Rial Corporation
Permit No. 176-05
Dear Mr. Moye:
After receipt of correspondence from the North Carolina Department of Coastal Resources
consenting to the requested amendment of our camera permit,I hereby indicate that again we will
agree to the amendment so that the northern point of the bulkhead to be constructed on the
property would end at the boundary line of Lot 358 and 357 and would proceed no further
regarding bulkhead construction until further review.
Thank you in advance for your anticipated cooperation. I remain,
Yours most truly,
William C. Stillwagon
WCS:dck