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Home My WebLink About176-05 Letter of Refinement 05/2006 pE 1 OA11414� ` ' z North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F, Easley, Govemor Charles S. Jones, Director William G. Ross,Jr.,Secretary 30 May 2006 19 Ile,r Innsbrook JUN - 6 2006 For The Rial Corporation c/o Mr. William Stillwagon MOlrehead City QCM 319 South Maple Avenue Greensburg, PA 15601 Dear Mr. Stillwagon: This letter of refinement is in reference to your 24 May 2006 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. 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. 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) prior to undertaking activities authorized by CAMA Major Permit No. 176-05. 1 have received a letter (attached) from Mr. Peter Sandbeck of the Office of Archives and History in which it is his opinion that your proposal will not satisfy Condition No. 13 and further recommends that no work be allowed to commence until the issue of concurrence with his office has been resolved. As a compromise, The Division of Coastal Management is authorizing work on the retaining wall only on the sections identified on your application plats as section B and section C. No work shall be undertaking on the section of the project identified on your application plats as section A until such time as you have resolved the issue with the Office of Archives and History and they have provide written concurrence to the Division of Coastal Management. 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neU An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Innsbrook For The Rial Corporation c/o Mr. William Stillwagon Page Two 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 252-948-38552. Sincerely, David W. Moye Express Permit Coordinator Washington Regional Office ATTACHMENT cc: Doug Huggett - Majors Permits Chief, DCM Raleigh Bland - U. S. Army Corps of Engineers Peter Sandbeck - Archives and History, Cultural Resources sec-& 30 MKI 2 � 1,We Ro Nn ati. rr� North Carolina Department of Cultural Resources State Historic Preservation Office Peter B.Sandbeck,Administrator Michael F.Easley,Governor Office of Archives and History Iesbeth C.Evans,Secretary Division of Historical Resources Jeffrey J.Crow,Deputy Secretary David Brook,Director May 26,2006 MEMORANDUM TO: David W. Moye NCDENR- Division of Coastal Management FROM: Peter Sandbeck NEV G_ " SUBJECT: Rial Corporation, Innsbrook Golf Course and Residential Community,CAMA Permit 176-05, Bettie County, ER05-1808 Thank you for your email memorandum of May 25, 2006,transmitting the request for an amendment to Permit No. 176-05. We have reviewed this request and offer the following comments. The proposed modifications to the northern point of the bulkhead are unacceptable as an option to satisfy condition No. 13 of the permit. The modified construction,as proposed,will serve only to increase the rate at which site 31BR38 is eroding and will hasten its eventual destruction. In addition,it has not as yet been determined whether the site is eligible for listing on the National Register of Historic Places (NRHP). As a result,we do not know whether the proposed undertaking will impact a significant cultural resource. The initial draft report of the archaeological survey by Brockington and Associates, Inc. has recommended testing for this site to determine its eligibility status. We concur that testing is needed for this site as soon as possible. It should be noted that we have not received a revised draft report for review and the initial review process itself is not yet complete. Given these issues,the terms of condition No. 13 have not been satisfied. We recommend that no work be allowed to commence in any of the area within the AEC until the issues regarding the cultural resources are resolved. If any work has begun within the AEC area,we recommend that it cease until we review an acceptable draft report and,if warranted,provide comments regarding the mitigation of impacts to significant cultural resources. 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. Location Mailing Address Telephone/Fax ADMINISTRATION 507 N.Blount Street,Raleigh NC 4617 Mail Service Center,Raleigh NC 27699-4617 (919)733-4763/733-8653 RESTORATION 515 N.Blount Street,Raleigh NC 4617 Mail Service(:enter,Raleigh NC27699-4617 (919)733-6547/715-4801 SURVEY&PLANNING 515 N.Blount Street,Raleigh,NC 4617 Mail Service Center,Raleigh NC 276994617 (919)73 3-6 545/7 1 5 4801 Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future communication concerning this project,please cite the above-referenced tracking number. cc: William C. Stillwagon Gary Culp, Hobbs, Upchurch,and Associates Ralph Bailey,Brockington and Associates, Inc. Innsbrook permit condition No. 13 Subject: Innsbrook permit condition No. 13 From: David Moye <David.Moye@ncmail.net> Date: Thu, 25 May 2006 10:17:21 -0400 To: lawrence.abbott@ncmail.net Lee, I have received a request from Bill Stillwagon, who represents Innsbrook, to modify CAMA Major Permit No. 176-05 to reduce the amount of retaining wall they propose to construct. They are proposing to stop the upstream or western end of the wall at the boundary line of lots 358 and 357. It appears that this will end the wall just short of site 31BR38. Please let me know if this is acceptable to you as an avoidance to the site. I need something in writing to show that the applicant has satisfied your Division so that I can release condition No. 13 and allow work to proceed. If you need to contact Bill Stillwagon directly, his number is 724-834-5010. Thanks for your help. David David W. Moye Express Permit Coordinator NC Division of Coastal Management 252-946-6481 Office 252-948-3852 Direct Line 252-948-0478 Fax d.a v i.d.:rrtoye @ ricrria..i..]...net ..._.....__......................_......_._...._................................... . www.nccoas almanagement.net ..............................................www.nccoaslalmanaqenLent.net 1 of 1 5/25/2006 10:18 AM i 7248342711 1358:34 05-24-2006 212 WILLIAM C. STILLWAGON P/C i Attorneys at Law 319 South Maple Avenue Telephone(724)834-5010 Greensburg,Pennsylvania 15601 Fax (724) 834-2711 May 24, 2006 VIA FACSIMILE,(252-948-0478 North Carolina Department of Environment an�Natural Resources Division of Coastal Management ATTENTION: DAVID W. MOYE 943 Washington Mail Washington, NCIquare 7889 Re: Innsbijook,for the Rial Corporation Permit No. 176-05 Dear Mr. Moye: As per our telephone discussions,I hereby request that the CAMA Permit be amended so that the Northern point of the bulkhead to be constructed would end at the boundary line of Lots 358 and 357. We would hope that 1his can be accomplished and notify the architectural people of this adjustment so hopefully we can proceed with construction. Thank you in advan4 for your cooperation. I remain, Yours m st truly, { William C. Stillwagon WCS:dck