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176-05 Innsbrook, for the Rial Corporation
M •}}r-0•:•'s:-1•br+}D':h•7"�00-0�'�-0'�"'y'W'�''�4:N149'D-0•MD-0{,0''Y+4C.PC•C-J}D+rPY}p{•9�{KbhKO`%`'+-:-:.:aP:•YVn`•YC✓rY7-0K•3+•}4•:-Yi•:4:••}pt•}:dK{•.W ti•:•:ti`{+.4•}C•'K•:•C+'tKti•4•}0{•:r/r}hC•Y+Svi<.}'rYC•:•;•:^}Y:•}'r}arrY.•}:dr'�� �{ Permit Class W (Express Permit Program) 176-05 Permit Number ;r NE $ STATE OF NORTH CAROLINA Department of Environment and Natural Resources TF! t i, :� and Coastal Resources Commission DEC - 2 2005 t k for Morehead City DCI X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 A A Issued to Innsbrook, for the Rial Corporation, 319 South Maple Ave., Greensburg, Pennsylvania 15601 Authorizing development in Bertie County on the Chowan River and Salmon Creek, at the end of SR 1502 near Merry Hill Township , as requested in the pennittee's application dated 10/03/2005, including the 4 attached workyllan drawings referenced in Condition No.1 below This permit, issued on November 09, 2005, is subject to compliance with the application (where consistent with the }f 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. Upland Development 1) Unless specifically altered herein, this permit authorizes construction of a retaining wall with riprap ;. backfill, bulkhead, 399 single family lots, a golf course with clubhouse, access roads and parking areas at Innsbrook, all as depicted in the permittee's application and workplan drawings (17 total— sheets 1 & { 2 of 13 dtd 7/05, sheets 3,4,5,6,7,8,9,10,11 & 13 of 13 dtd. 7/26/05, sheet 12 of 13 dtd. 9/22/05, and x sheets 1,2a,2b & sc dtd. 6/21/05). Sedimentation and Erosion Control 2) In order to protect water quality, runoff from the construction shall not visibly increase the amount of suspended sediments in adjacent waters. t: (See Attached Sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. t This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered ,r Charles S. Jones, Director hereunder requires further Division approval. Division of Coastal Management Y All work must cease when the permit expires on Thi n'^a t' ar c epted. December 31, 2008 In issuing this permit, the State of North Carolina agrees that 01 your project is consistent with the North Carolina Coastal r ermittee Management Program. :?,r y:..q.,.y,.,.x:.:•c-.;.,;.}:;:.;_;.:....-::}} -:.-:::.:•:•s.::•:�..,::.�::;.P->•:�-r:.•::.::•:=r•+.•:�::-x-:x:..::.;.;..,rs:r.;;:. .,.}:�.::::.:•:-rrx::.:<-:::.}:r..;:.:.a.•,•x.;.;•:r:r>;,,:.;:.,. ..;:.:r�.;.;_:::�-:�.-•.,:.,r<s_x.�c�i, �'-a:�rxao-ataawx�:•o-c•Lao-:ax-:wo-eowa000a,•rx.o-o-c•s�,aa.aaao-wa.aao-w+.,o-oaK--:;-rr:K-r>w•r:-:w•:•rr:•rw}w:�ro-o-;frew+era.u.:•c�ccot•:•aua>,+•:o-x•»•c?-x-r:.c+:•r:K+rwao-r•.w:-:K•c.e-+xK-:-:aa•�<�� Innsbrook Permit# 176-05 Rial Corporation Page 2 of 3 ;a x ADDITIONAL CONDITIONS :r 1. 1r f 3) Appropriate sedimentation and erosion control devices, measures or structures (e.g. silt fence, diversion �( swales or berms, etc.) shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and/or properties. x r NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this t plan to the Department of Environment and Natural Resources, Land Quality Section, 943 Washington Square Mall, Washington,NC 27889. 1 1Y 1' f� f }• i }( f r Stormwater Manallement ti ,< 4) The Division of Water Quality (DWQ) is currently reviewing a stormwater permit application to determine if the project is in compliance with North Carolina's Water Quality Certification program and has assigned permit No. SW7050941 to the application. The permittee must receive a stormwater permit from DWQ, and provide a copy to the Division of Coastal Management, prior to the initiation of any construction activities. Changes to the stormwater permit application may require a modification of f this permit. Contact a representative of the Division at (252) 946-6481 prior to commencement of any 'f such activity for this determination. r k f. Shoreline Stabilization ti 3 5) The alignment of the authorized bulkhead and retaining wall must be staked by a surveyor and approved by the Division of Coastal Management within a maximum of 30 days prior to the start of construction. t Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be restaked and approved by DCM within a maximum of 30 days prior to the new expected start of construction. } 6) The ±100' bulkhead section in the area identified as cross section D on the attached work plats shall not } extend waterward more than 20 feet from the normal water level at any point along its alignment at the time of construction. a 7) The retaining wall shall be located a minimum of 5 feet above the normal water level at all points along its alignment at the time of construction with the exception of the transition to the bulkhead section as indicated in the attached permit application and plats. ' 8) The bulkhead and retaining wall shall be structurally tight so as to prevent seepage of backfill materials through the structure. 9) The bulkhead and retaining wall shall be constructed prior to any backfilling activities. Section, construction shall be allowed providing each section is closed off with temporary wing walls prior to backfilling activity." f ?:.r.. r .......r...r.•a:-}...........:av,«:«..r........r.n r...:!KK?? ..r:K!•..................;.ry....r.........r.....v,....r...............r.•:-i;•;_...r......r......r.........r. "c;:;t-wx<,,':.:xa'aav -�rw':•o.r:wao-rw�c-:cawx•:• w':aote-r:oo-:«-:.•-rw>�o's,-x-�;..;•>:«'ow.ra•,,,'o;r:-x�..*a'a.w:w.•.,»ax-w<�a;-:�;t.�aowr.+.�r•.,:o>:.r:'c-u:-;; Innsbrook Permit# 176-05 t. 'Rial Corporation Page 3 of 3 ADDITIONAL CONDITIONS 'r Y J. Y t 7` 10) The fill material shall be clean and free of any pollutants except in trace quantities. K x 11) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead and retaining wall. 12) The riprap material to be installed landward of the new bulkhead and retaining wall shall consist of Y clean rock or masonry materials such as but not limited to granite, marl, or broken concrete. F x Archives and History x 13) Prior to the initiation of any land-disturbing activities authorized by this permit, the permittee shall, in Y coordination with the N. C. Department of Cultural Resources (NCDCR), develop and implement an s archaeological survey of the proposed project area. Initiation of permitted land-disturbing activities Y shall not begin until written approval is obtained from NCDCR, and a copy of such approval has been x received by the Division of Coastal Management. r General 1 X 14) This permit does not authorize the excavation or filling of any wetlands or open water areas, even temporarily. 15) Any development or land disturbing activity that is considered non-water dependent is not authorized within 30 feet of the normal water level unless specifically exempted by Coastal Resource Commission (CRC) regulations in place at the time of such development. f x ?: NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, ; approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. }: Contact a representative of the Division at (252) 946-6481 prior to commencement of any such activity for this determination. NOTE: The permittee and/or his/her contractor is urged to meet with a representative of the Division prior to project initiation. Ir NOTE: The U.S. Army Corps of Engineers has assigned this project COE Action ID No. 200610026 and Issued General Permit No. 198000291 on 11/08/2005. NOTE: The Division of Water Quality reviewed the permit application to determine if the project is in compliance with North Carolina's Water Quality Certification program and issued permit No. 20051871 on 11/04/2005. A�� 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 9 November 2005 CERTIFIED MAIL 7003 3110 0002 0605 8983 RETURN RECEIPT REQUESTED The Rial Corporation Innsbrook Subdivision C/O Mr. Greg Finch, Staff Scientist Post Office Drawer 2522 Wilmington,NC 28402 Dear Mr.Finch: 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.The original(buff-colored) form is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and 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. if you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be 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. Very sincerely, nn 1 U 0 David W. Moye Express Permits Coordinator 252-948-3852 Enclosure 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.netl An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT ` FIELD INVESTIGATION REPORT Express Permit Review Program 1, APPLICANT'S NAME: Insbrook for Rial Corporation 2. LOCATION OF PROJECT SITE: At the end of SR 1502 (Avoca Farm Road), at the mouth of the Chowan River on the Albemarle Sound near Merry Hill in Bertie County, North Carolina Photo Index - 2000: 141-1633; A-X 1-14, 141-1634; A-X 9-24, 1995: 141-1476; A-X 1-10, 141- 1477; A-X 2-24 State Plane Coordinates - X: 2,684,000 Y: 828,000 GPS Rover File # I080316A Edenhouse Quad. (lower left corner) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 08/03/05 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 04 October 2005 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Bertie Land Classification From LUP - Limited Transitional, Rural (land), Conservation (water, wetlands) (B) AEC(s) Involved: ES (C) Water Dependent: NO (D) Intended Use: Commercial - Constructed to enhance the sale of the property (E) Wastewater Treatment: Existing - None Planned - Onsite Plant with spray irrigation (F) Type of Structures: Existing - None Planned - Retaining wall, golf course, 399 single family lots, club house, access roads and parking areas (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands ±1,150 ft2 River bottom (C) Other ±15,246,000 ft2 Highground (D) Total Area Disturbed: ±350 acre (±15,247,150 sq. ft.) (E) Primary Nursery Area: NO (F) Water Classification: B-NSW Open: NO 8. PROJECT SUMMARY: The applicant proposes to construct a retaining wall, bulkhead, 399 single family lots, a golf course with clubhouse, access roads and parking areas. A MA , NCDENR • North Carolina Department of Environment and Natural Resources 943 Washington Square Mall,Washington NC 27889 (252)946-6481 FAX(252)975-3715 Request for Express Permit Review FILL-IN all information below and CHECK required Permit(s). FAX or email to Lyn Hardison lyn.hardison(aPncmail.net along with a narrative and vicinity map of the project location. Project application received after 12 noon will be stamped in the following date. APPLICANT Name: Rial Corporation Company: Rial Corporation Address: 319 South Maple Avenue City/State: Greensburg, PA Zip: 15601 Phone : 724-834-5010 Fax : 724-834-2711 Email : NA PROJECT Name Innsbrook County Bertie PROJECT LOCATION (ADDRESS) At the end of Avoca Farm Road, Merry Hill Township ENGINEER/CONSULTANT Greg Finch-CAMA: Jeff Thompson-Stormwater Company Greg Finch-Land Management Group Inc.; Jeff Thompson-Hobbs, Upchurch &Assoc. Address PO Box 2522 City/State Wilmington, NC Zip 28402 Phone 910-452-0001 Fax 910-452-0060 Email gfinch(a)lmgroup.net ------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ❑ STREAM ORIGINATION CERTIFICATION; Site Location --------------------------------------------------------------------------------------------------------------------------------------------------------------------- ® STORMWA TER ® Low Density ❑ High Density-Detention Pond ❑ High Density-Other ❑ Low Density-Curb & Gutter ❑ High Density-Infiltration ❑ Off Site PROJECT SYSTEM(S)TRIBUTARY TO Crowan River; Albemarle Sound SURFACE WATER CLASSIFICATION B -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ® COASTAL ❑ Excavation & Fill ❑ Bridges &Culverts ❑ Structures Information MANAGEMENT ® Upland Development ❑ Marina Development ❑ Urban Waterfront ------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ® LAND QUALITY® Erosion and Sedimentation Control Plan with 350 acres to be disturbed. CK# ------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ® WETLANDS (401) ❑ No Wetlands on Site (letter from COE) ❑Wetlands Delineated/No JD ❑ Greater than 0.1 AC Wetlands Impacted ®Jurisdictional Determination has been done ❑ Less than 0.1 AC Wetlands Impacted ❑Greater than 0.5 AC Wetlands Impacted ❑ Perrenial, Blue line stream, etc on site ❑SEPA, EA Required ----------------------------------------------------------------------------------------------------------------------------------------------------------------------- The legislation allows additional fees, not to exceed 50%of the original Express Review permit application fee, to be charged for subsequent reviews due to the insufficiency of the permit applications. For DENR use only CHECK# SUBMITTAL DATES: Fee Split for multiple permits: SW $ CAMA $ LQS $ 401 $ Total Fee Amount $ Insbrook C/O The Rial Corporation Bertie County Express Permit Review Program Project setting Land Management Group,Inc.,on behalf of the Rial Corporation,has requested the attached application be processed under the Express Permit Review Program,for a planned development under the name of Insbrook. The project site is located at the end of SR 1502(Avoca Farm Road)at the mouth of the Chowan River and Salmon Creek, near Merry Hill in Bertie County, North Carolina. The applicant's parcel of land is ±900 acres and is situated at the intersection of Salmon Creek and the Chowan River. Approximately 9,000' of the site fronts the Chowan River with an additional f3,500' adjacent Salmon Creek. There is no shoreline stabilization in place with the exception of 3 wooden groins at the downstream (south) end of the river shore. The site is predominately made up of agricultural fields that were part of Avoca Farms. The remainder of the site is wooded wetlands that form fingers bisecting the upland portions of the property in several locations. Active work on the site includes road grading, clearing for the construction of fairways and pond excavation. The former agricultural fields are vegetated with upland grasses and herbaceous vegetation. The wooded wetlands are vegetated with mixed hardwoods including but not limited to Fraxinus pennsylvanica (green ash), Acer rubrum (red maple), Nyssa syyatica (black gum), and the transition areas between the wetlands and the old agricultural fields are vegetated with Fagus grandifolia (American elm), Liguidambar styraciflua (sweet gum), Quercus nigrra(water oak), and Liriodendron tulipirera(tulip poplar). The river shore is a ±50' sand beach in most areas that terminates at a ±20' erosion escarpment. The beach area is sporadically vegetated with Taxodium spp. (cypress),upland grass, herbaceous shrubs, and two small areas of Typha spp. (cattails). The cattails are present in areas where the wooded wetlands interface with the sand beach. The site is bordered on the downstream (south) side by Black Walnut Swamp and on the upstream (north) side by Salmon Creek. With the exception of Bal-Gra beach Subdivision (112 homes with individual piers and slips)to the north, there is very little development in this area. The site is ±25' above the normal water level (NWL). The Chowan River in this area is classified B-NSW by the Environmental Management Commission and is closed to shellfishing. The Division of Cultural Resources has identified the following sites on the property;BR33,BR34, BR35, BR36, BR37, BR38, BR39, BR40, BR41, BR84, and BR85. Project description The applicant proposes to develop the property by creating 399 single-family lots ranging in size from 0.5 acres to 1.5 acres, three multifamily/cottage areas, an 18-hole golf course with a clubhouse and parking area,access roads,and manmade ponds. Approximately 35 acres(15,246,000 ft2) will be graded and/or filled as a result of the proposed development. No impervious surface is Insbrook C/O The Rial Corporation Bertie County Page Two Express Permit Review Program proposed within the 75'Estuarine Shoreline AEC. An onsite treatment plant with spray irrigation is proposed for sewage treatment and the plan is under review by the Division of Water Quality and the Local Government. County water will supply the drinking water to the site. The applicant proposes to construct±8,762 linear feet of retaining wall no closer than 5' to the normal water level (NWL). The retaining wall will be constructed in three sections of±3,717' (section A), ±4,260' (section B), and ±785' (section C) in length. The wetland areas between the proposed retaining wall sections will be left natural along the shoreline. Wing walls will be constructed at the ends of the proposed retaining wall sections to prevent backfill from entering the adjoining wetland areas. The applicant proposes to install rock riprap landward of the new retaining wall for a distance of±10'to provide additional protection in storm events. A 3:1 maximum slope is proposed landward of the new retaining wall and this area will be seeded for erosion control. The fill area behind the newly installed retaining wall and the±20' erosion escarpment ranges from zero to 75, wide with an average of 40'. The source of the fill material will be from the excavation of various ponds that are proposed on the property. The retaining wall and riprap will cover±97,493 ft2 of Estuarine Shoreline. In the area identified as section A,an approximately 100' section of the wall will be at or below the NWL in an area that has eroded significantly in the last year. This section of proposed bulkhead will average 11.5' below the NWL with a maximum of 20' below the NWL. Anticipated impacts The project as proposed will result in the filling of t 1,150 ft2 of river bottom associated with the construction of the bulkhead as well as the disturbance of =L15,246,000 ft2 (f350 acres) of uplands as a result of the development activities. David W. Moye—04 October 2005 Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark Merry Hill Township 1. APPLICANT c. Street address or secondary road number End of 1502(Avoca Farm Rd.) a. Landowner: Rial corporation d. Is proposed work within city limits or planning Name jurisdiction? Yes x _ No Address 319 South Maple Avenue e. Name of body of water nearest project (e.g. river, Creek, sound, bay) Salmon Creek;Chowan River City Greensburg State PA Zip 15601 Day Phone 724-834-5010 3. DESCRIPTION AND PLANNED USE Fax 724-834-2711 OF PROPOSED PROJECT b. Authorized Agent: Name Land Management Group, Inc. a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead,pier, and excavation and/or filling activities. Address P.O. Box 2522 Installation of a retaining wall, bulkhead, riprap, and associated backfill. City Wilmington State N.C. Installation of roads, utilities, and the construction of an 18 hole golf course. Zip 28402 Day Phone 910-452-0001 b. Is the proposed activity maintenance of an existing project, new work, or both? New work. Fax 910-452-nn6n c. Will the project be for public,private or commercial use? Private C. Project name (if any) Innsbrook d. Give a brief description of purpose,use, methods of construction and daily operations of proposed project. If more space is needed, please attach NOTE: Perrrdl will be issued in name of Imdowaer(s), and/or additional pages. Project acme• See Project Narrative 2. LOCATION OF PROPOSED PROJECT a. County Bertie Revised 03195 Form DCM-MP-1 m. Describe existing wastewater treatment facilities. 4. LAND AND WATER None CHARACTERISTICS a. Size of entire tract 900 Acres n.. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) -0.50-1.50 Acres wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Surface c. Approximate elevation of tract above MHW or runoff. NWL Up to 25 feet d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. See Project Narrative None e. Vegetation on tract See Project Narrative f. Man-made features now on tract Dirt roads, 5. ADDITIONAL INFORMATION earthen berms g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (consult the local land use plan.) following items must be submitted: x Conservation X Transitional • A copy of the deed (with state application only) or Developed Community Rural ether other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then None forward a copy of the deed or other instrument under which the owner claims title, plus written permission NA i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? Yes No (Attach Zoning compliance cerrifuate, if applicable) • An accurate, dated work plat (including plan view and cross-sectional drawings)drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes x No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register Iisted or eligible property? prints or other larger plats are acceptable only if an Yes x No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? x Yes No Engineers regarding that agency's use of larger Coastal (marsh) Other x drawings.) A site or location map is a part of plat If yes, bas a delineation been conducted? x requirements and it must be sufficiently detailed to (Anach domnwntation, if availablc) guide agency personnel unfamiliar with the area to the Revised 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. "Ile project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the proposed that they have 30 days in which to submit comments activity complies with the State of North Carolina's on the proposed project to the Division of Coastal approved Coastal Management Program and will be Management. Upon signing this form, the applicant conducted in a manner consistent with such program. further certifies that such notice has been provided. Name Avoca Technical of Delaware Inc I certify that I am authorized to grant, and do in fact, Address 841 Avoca Farm Road Merry Hill NC 27957 _ _ grant permission to representatives of state and federal Phone NA review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name NA - permit application and follow-up monitoring of the Address project. Phone I further certify that the information provided in this Name NA application is truthful to the best of my knowledge. Address Phone This is the 3 day of October ,20 05 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name permittee, and issuing dates. s Signature �'�4 L Erosion and Sedementation Control Permit#: Berti 2005-007. 6/05 L=%downer or Authorized Agent • A check for$2000 made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources project. (DEHNR) to cover the costs of processing the X DCM MP-2 Excavation and Fill Information application. X DCM MP-3 Upland Development DCM MPS Structures Information • A signed AEC hazard notice for projects in — DCM MP-5 Bridges and Culverts oceanfront and inlet areas. DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE. Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Revised 03195 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated from below Describe below the purpose of proposed excavation or MHW or NWL in cubic yards NA fill activities. All values to be given in feet. b. Type of material to be excavated NA Average Final Existing Pmlect c. Does the area to be excavated include coastal Length Width Depth Depth wetlands (marsh), submerged aquatic vegetation Access (SAVs) or other wetlands? Yes NA No channel NA (MLW) d. Highground excavation in cubic yards NA Canal -- NA 2. DISPOSAL OF EXCAVATED Boat MATERIAL basin NA a. Location of disposal area NA Boat ramp NA b. Dimensions of disposal area NA Rock ` L groin NA yY { c. Do you claim title to disposal area? Yes NA No °•. iq. a ll<. Rock If no, attach a letter granting permission from the breakwater NA owner. NA d. Will a disposal area be available for future Other maintenance? Yes NA No (Excluding NA If yes, where? NA shoreline stabilization) Revised 03l95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes NA No water NA (2) Dimensions of fill area NA f. Does the disposal include any area in the water? Yes NA No (3) Purpose of fill NA b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? NA Yes NA No If yes, a. Type of shoreline stabilization (1) Dimensions of fill area NA x Bulkhead Riprap (2) Purpose of fill NA b. Length Approximately 100 feet. c. Average distance waterward of MHW or NWL 11.5 feet 5. GENERAL d. Maximum distance waterward of MHW or NWL - 20 feet a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? Bulkhead with filter cloth. Seeding. Approx. 20'-30'in area of bulkhead. Riprap landward of bulkhead (Source of information) Onsite observations f. Type of bulkhead or riprap material Wood, Metal,or vinyl bulkhead. b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level Backhoe, dumptruck piling rig. (1) Riprap NA (2) Bulkhead backfill Approx 30 c.v. c. Will wetlands be crassed in transporting equipment h. Type of fill material Sand local soil to project site? Yes _x No If yes, explain steps that will be taken to lessen environmental impacts. NA i. Source of fill material On site material. Grading 4. OTHER FILL ACTIVITIES 1'�" Applicant or Project Name (Excluding Shoreline Stabilization) ' 1!W Signature . a. Will fill material be brought to site? � Iv 14 '3 1' 65 Yes x No Date Revised 03/95 Form DCM-N>P-3 UPLAND L PME DEVE T O N (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development Permit, Form DCM-MP-I. Be sure to complete all Permit may also require a Stormwater Certification. other sections of the Joint Application that relate to this Has a site development plan been submitted to the proposed project. Division of Environmental Management for review? Yes X No a. Type and number of buildings, facilities, units or If yes, date submitted Submittal pending structures proposed Amenities associated with Golf Course(Club House, Pro Shop, Maintenance Buildings) i. Describe proposed method of sewage disposal. On-site treatment plant and spray irrigation. b. Number of lots or parcels One 900 acre parcel (to be subdivided into approx.399 lots and 3 multifamily and cottage homesites). j. Have the facilities described in Item i. above c. Density(give the number of residential units and the received state or local approval? Pending units per acre) 401 units,0.45 units per acre. (Aaach appropriate documentation) k. Describe location and type of proposed discharges to d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff, including roads, ditches, etc.Approx. 350 acres sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). Surface runoff. e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. 1. Describe proposed drinking water supply source If applicable, has a sedimentation and erosion (e.g. well, community, public system, etc.) control plan been submitted to the Division of Land Public water system Resources? X Yes No If yes, date submitted Approved 6/05 in. Will water be impounded? X Yes No If yes, how many acres? Approx. 86 acres f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. n. If the project is a oceanfront development, when Asphalt roads, concrete cart paths was the lot(s) platted and recorded? NA rm�j row g. Give the percentage of the tract within 75 feet of Applicant or Project Name MHW or NWL, or within 575 feet in the case of an ten,.m* —�L�f, Outstanding Resource Water, to be covered by Signature impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for Date 1 vehicular driveways or parking. Zero Revised 03195 .•�� p` T,� _r„ b Em.f+w:`f endal.n` } ,f'. L'd„glitYsr t\� ;� ✓` w"u om nau�o - .: } 17 �,roe✓ \ ' 4 • I .0 fs I\ SITE I, 94 r "..._.�<\- lam;-., _ <' It •lJ�-•• ' b I \ '+ 1}. , �/. M -�\ �/s - r•_ 9 •.i l •'StC ,.it i \ tl ti �,.'� ;r;.•,i•dm:i NsnsfOYlr , rY� I ail \ �y � � $. U) v.,,t ,•., wl of hspt i \ I 1 r ctf ;" ii ft �H:7f1 ;+` II %- _ r•1'�NorM nlw_nnt-. mamr wi w�rmw r � t CP \l I _ I vaasf � • `. ) � F ,`�v.' .i..�. 9yf t f r, .+ rrt<•l��� pal r t .r slor� i I `h` ♦rll - 1 - i I p$1v`__ 1 t" -r--•r / <r rk r ._,��•.Y^t10 x 4� 11 , '�"'l'aA'lVl �.` '�f^{ �! Ii K t� '',�•'�^ l r -�.� I r r��l.s 3 , ,'(lwron',Ct,. .Y"r �...i0 rie�..'Z} _ r» ':^a - •- ,. \ pit w._ ..,r/k0 �t_t I� .• "Ga �` �"T��'^� d ' �.r" - • � �"'"" ._� �'.'.rt._v.- k�l/ `��.vtl�i.. 'dk.'yg t�,{ �- fff I � •,. 1 �,: ] 'i nrr UtaiY ti�140tT jjj a ! t am 3 r ri i �\ r Y 1Ifi1 9 _..a' ri t A/ _��4M�, .. I I �� , '� � ./•��i', ._. '��. .... ,1 L-.._. �4C usjj r _J • SITE "Boundaries are approximate and are not meant to be absolute. SCALE 1" — 2.4 miles Map Source: North Carolina Atlas & Gazetteer. Pg 46-47.(2003) Insbrook Tract Land Management Group, Inc. Sheet 1 of 1$ Bertie County, NC Environmental Consultants Site Location Map 01-04-781 Wilmington, N.C. July 2005 y� NoAc J /0000SITE o BBB —� ,s NoB S° t � B i13613�NoA Y� CrB \\ 1\rA CrA Dk / C—--) r l BB Bob r6"tip CrA a(�� NoB _.. w �I1BoB NoA Ln C rA 1 No Y giBo Bob ._ - r - CrA NoA X SDP Cr LY I -- 1` LY oA �/ GoA o L ) CAf CrA t NoA CrA 10 GoA NoA CrA l GoA T NoA Lnv` ��� Ln G I '` �j o .BBB'� �)CrC i ,�BoB�'1 ! (` o� L�Cr NoA CrA \BOB NoBj BBi/ tygNoA Bj NoA 606 ' BoC': > /`' ,BoC y `? ``�� Dk w' ! j 1' \ _ GNoA oA� CrC �, BoC�IoA Ly�•`!-r GoA 1 �', r �g� I ,�` No�A `-T J S / /'�Ln CrA -� -T W\ i SITE ;-' fL Boundaries are approximate and area not meant to be absolute. Map Source: NRCS Soils Map. SCALE 1" 1,400'= Insbrook Tract Land Management Group, Inc. Sheet 2 of 13 Bertie County, NC Environmental Consultants 01-04-781 Wilmington, N.C. Soils Map July 2005 Project Narrative CAMA Major Permit Application Construction of a Retaining Wall Bertie County Rial Corporation, Applicant Rial Corporation proposes to install a retaining wall,bulkhead, and riprap on their property in Bertie County. The size of the entire tract is approximately 900 acres. The total linear length of the proposed shoreline stabilization is approximately 8,863 feet. Section A of the shoreline stabilization is approximately 3,817 feet long, section B is approximately 4260 feet long, and section C is approximately 785 feet long. It has recently been determined that approximately 100 linear feet of bulkhead will have to be installed. Erosion since the time of the survey has resulted in the normal water line(NWL)to move towards the base of the escarpment in one area and installing a retaining wall in this location is not practicable. See sheet 12 of 13 for details. Therefore, section A will contain 3,717 feet of retaining wall and approximately 100 feet of bulkhead. The total shoreline stabilization will now be composed of 1.12%bulkhead and 98.8%will remain a retaining wall. Some transitioning will be required between walls. The retaining wall will not be constructed in coastal or 404 wetlands. The retaining wall will be located upland of the Normal Water Line (NWL) 5 feet. At no point will the retaining wall be closer than 5 feet to the NWL, except in the area where bulkhead is necessary and there will be some transitioning between the bulkhead and retaining wall. The shoreline where the proposed retaining wall and bulkhead will be located has an evident erosion problem. Site topography for this area shows the resulting escarpment(see sheet 4 of 13). The retaining wall, bulkhead, and associated riprap is necessary for the protection of future lots. Riprap will be placed upland of the retaining wall and bulkhead and the finished grade will have a maximum slope of 3:1 (see sheet 5 of 13). Soils on the tract within the wetlands are classified as Bibb and Johnston loams. Uplands contain Goldsboro sandy loam, Lynchburg sandy loam,Norfolk sandy loam, Lenoir fine sandy loam, Craven fine sandy loam, and Bonneau loamy sand (see sheet 2 of 5). Most of the site has been in agricultural production for many years. A majority of the upland vegetation now consists of fields supporting opportunistic herbaceous vegetation. A small amount of uplands exist along the upper edges of the wetland fingers and support American elm (Fagus grandifolia), sweet gum(Liguidambar styraciflua), water oak (Quercus nigra), tulip poplar(Liriodendron tulipirera), and ironwood (Carpinus caroliniana). Wetland fingers extending into the site from Chowan River and Salmon Creek support a thick assemblage of green ash(Fraxinus pennsylvatica), red maple (Acer rubrum), black gum(Nyssa sylvatica), and titi (Cyrilla racemiflora). The uppermost sections of these fingers, where the berms are located, contain mostly herbaceous species. Sewage for the project will be treated by an onsite treatment plant and then spray irrigation. Existing features on the tract include dirt roads, earthen benns, and three wooden jetties. The wooden jetties are located in the southern portion of the property in front of lots 4 and 5 and extend approximately 60 feet. Additional work by Rial Corporation includes the installation of roads, utilities, and the construction of an 18-hole golf course. The tract will be subdivided into approximately 399 single family lots ranging in size from approximately 0.50 acres to 1.50 acres. An Erosion and Sedimentation Control plan has been submitted and approved for the disturbance of approximately 350 acres (Sheet 12 of 12). The Stormwater plan has been submitted and proposes a Low Density development. 7248342711 10,26:09 09-02-2005 212 4l//C.IL 5wfol A. (n7L�G�11/1TL�!L!!7/�i C:1V71031iL[Qli.�b 5W.wo-452-0009 A44 .mil Yai&Y4 Z...,5r bW.." y A—dt v 9614 AGENT DISCLOSURE FORM TO WHOM IT MAY CONCERN: I/we, the undersigned, hereby authorize Land Management Group, Inc., to act as our agent in the preparation and representation of information submitted within the 4404/401 and/or CAMA applications and/or septic permits. All questions in regards to this application should be directed to Land Management Group, Inc. Sincerely, owner/Applicant q-Z-0 Date t ' Bertie County--Register of Deeds ' ,�� U Belinda S. White, Register Inst #9389 Book 827 Page 504 Excise Tax Paid $ 18000 .00 07/09/2004 12 : 12.04pm SPECIAL WARRANTY DEED Excise Tax: $18,000.00 Tax Lot No.: portion of 6872-55-8001 This instrument was prepared by and mail after recording to: Paul A.Arena,Holt York McDarris&High,LLP,P.O. Box 2060,Raleigh,NC 27602 THIS DEED is made this 'TA day of It, 2004, by and between Avoca Technical of Delaware, Inc., a Delaware cor oration, formerly known as RJR Technical Company (the "Grantor") and ITAC 79, LLC, a North Carolina limited liability company (the "Grantee")N V3.0in a.n ''t o 'V,j,gW tr d 6 871 C�.N�e� N Ili 1JG a�SiS a 6? 1. WITNESSETH: That Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged,has and by these presents does grant,bargain,sell and convey unto the Grantee in fee simple, subject to the reservations described below, all that certain lot or parcel of land situated in Bertie County, North Carolina, and more particularly described on Exhibit A attached hereto and incorporated herein(the"Property"),together with all right,title and interest of Grantor in and to any current or former streams, alleys,roads,streets,ways,strips,gores or railroad rights-of-way abutting or adjoining the Property, and together with all the improvements thereon and all privileges, easements and appurtenances thereto belonging, including but not limited to any mineral rights associated with or appurtenant to the Property. This conveyance is subject to the following reservations: 1. Grantor reserves from this conveyance any agricultural allotments or quotas appurtenant to or associated with the Property. 2. Grantor reserves from this conveyance the right, privilege and easement (the "Easement"), now and hereafter, to maintain, repair and use the pipelines or mains for irrigation purposes located upon the Property in the location described as "20'Utility Easement"(hereinafter, the"Easement Area")on map prepared by Hobbs,Upchurch&Associates,P.A.,entitled,"Boundary 1 va." - .. Inst # 9389 Book 827 Page: 505 Survey for Rial Corporation"dated May 2004, revised June 30,2004(hereinafter,the"Map"). The Easement shall be subject to the following terms and conditions: (a) The Easement shall be a perpetual easement appurtenant running with the land, shall be binding upon Grantee and its successors in title to the Easement Area and shall be appurtenant to and benefit such portion of that property described as"Tract No.IIP' in deed recorded in Book 808,page 155 as is owned by Grantor as of the recording of this Deed(hereinafter,the"Dominant Property"). The Easement shall benefit only the owners of fee simple title to the Dominant Property and their heirs, successors and assigns. The rights reserved hereunder shall not be assignable to anyone who is not an owner of fee simple title to the Dominant Property, except that said rights may be assigned to a lessee of the Dominant Property for the term of the lessee's lease. (b) Grantor may remove and keep removed from the Easement Area all structures,trees,vegetation and other obstructions as may be necessary to maintain, repair or protect the irrigation pipeline. However, Grantee may plant and maintain shallow-rooted shrubs and other landscape material within the Easement Area, and may construct one or more roads and/or driveways across or within the Easement Area. (c) Nothing herein shall be construed to reserve to Grantor any right of access through or over any other property of Grantee except that lying within the Easement Area. All maintenance and repair activities of Grantor shall be contained within the area labeled"20'Utility Easement"on the Map. After any maintenance or repair of the irrigation pipeline Grantor shall re-grade, mulch, and re-seed or otherwise restore all disturbed areas within the Easement Area in accordance with generally accepted landscaping and engineering practices. (d) Grantee shall have fee simple ownership of the Easement Area, and may use the Easement Area in any fashion that does not unreasonably interfere with the exercise by Grantor of its rights hereunder. (e) Grantor shall indemnify and hold Grantee harmless against any liability, damage, cost or expense (including attorneys fees and other professional consultant's fees) that Grantee might suffer as a result of any matter arising from Grantor's exercise of its rights hereunder or from its failure to comply with any of the conditions,restrictions or provisions of this Easement. (f) Nothing contained herein is intended to be, or shall be construed or deemed to constitute, a dedication,express or implied,of any real property to or for any public use or purpose whatsoever. 2 Inst # 9389 Book 827 Page: 506 (g) The Easement may be amended, modified or terminated only by a written document executed in recordable form by all of the then owners of the Easement Area and the Dominant Property,and recorded in the office of the Register of Deeds of Bertie County. 3. Grantor reserves from this conveyance the pipelines or mains for irrigation purposes located within the Easement Area. TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging, exclusive of the reservations described above, to Grantee in fee simple. And Grantor covenants with Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except with respect to the following matters: l. Taxes for the year 2004 and subsequent years, not yet due and payable. 2. Right of way Agreements recorded in Book 538, Page 701,Book 524,Page 423, Book 538, Page 699, and Book 523,page 610. 3. Right of way to Roanoke Electric Membership Corporation recorded in Book 527 at Page 88, and Book 527,Page 636. 4. Title to that portion of insured premises within the bounds of the cemetery, together with the rights of ingress and egress thereto. 5. Subject to matters shown on recorded Plat Book 5 at Page 18. 6. Subject to the rights of the public and the State of North Carolina, if any, to (1)lands lying below the mean high water mark, (2)lands that have been created by artificial means, (3) riparian rights; and subject also to the rights of the Federal Government's control over navigable waters, and public rights of access to any navigable waters. 7. Rights of others thereto entitled in and to the continued uninterrupted flow of Salmon Creek located on insured premises. 8. Title to that portion of insured premises within the right-of-way of NCSR 1511 and NCSR 1502. 9. Rights of others which may exist in and to that portion of insured premises designated as Black Walnut Swamp/marsh land. 3 - Inst # 9389 Book 827 Page: 507 10. Rights of others thereto entitled in and to the ditches along the boundary line(s) of insured premises. For chain of title see: Book 808,page 155;Book 801,page 900;Book 628,page 71 and Book 507, page 60. The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors and assigns, and shall include singular, plural, masculine, feminine or neuter, as required by the context. IN WITNESS WHEREOF,the Grantor has caused this instrument to be signed in its corporate name by its duly authorized officer and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. Avoca Technical of Delaware, Inc., a Delaware ••.. � ��ssr., corporation, formerly known as RJR Technical �T�c: Company i, Sti = TE SEAL] x By •• ^,� : S� . •!ti••�••. name: title: President STATE OF COUNTY OF Qoke- I, a Notary Public of the County and State aforesaid, certify that personally came before me this day and acknowledged that he/she is of Avoca Technical of Delaware,Inca corporation,and that he/she, as `�re J;�e } ,being authorized to do so,executed the foregoing instrument on behalf of the corporation. Witness my hand and official stamp or seal, this day of 3 , 2004. C- Notary Public ' My commission expires: �i ) � a0o� ham......-.. The Foregoing Certificate(!) of LORIS STRICEOAtD /NP OO'TAR}. C01m.E)cp• 11-12-2007. '4UB1-�G is (Vva-Certified to be Correct. This Instr=ent was filed for Registration on this 9th Day of CDU jMada , 00in a Bo d page shorn on the First Page hereof. 4 S. Nhite, Register Ai3 Inst # 9389 Book 827 Page . 508 Exhibit A Property Description DESCRIPTION FOR 894.85 ACRE TRACT BERTIE COUNTY Lying and being in Merry Hill Township,Bertie County,North Carolina. Bounded on the west by SR. 1511, on the northwest by Protestant Episcopal Church of Holy Innocents(DB 615 PG 263),on the north by Salmon Creek, on the east by Batchelor Bay(Albemarle Sound), and on all other sides by RJR Technical Company(DB 801 PG 900) and being more particularly described as follows to/wit: BEGINNING at an existing PK nail (said nail being located at the centerline intersection of SR. 1502 and SR. 1511)and running thence as the centerline of SR. 1502 N 86°38'18"E 344.78 feet to a point;thence N 86°52'07"E 37.52 feet to the point of curvature of a curve to the left having a radius of 2577.84 feet, a length of 182.14 feet and a chord bearing and distance of N 82°50'16"E 182.10 feet to a point; thence N 75°19'08"E 1.14 feet to an existing PK nail located at the terminus of SR. 1502; thence as a new line N 11°59'18"W 5.71 feet to a point;thence N 84°20'42"E 43.45 feet to an existing iron rod,the southeast corner of the Protestant Episcopal Church of Holy Innocents(DB 615 PG 263); thence as the eastern line of said Protestant Episcopal Church of Holy Innocents N 00030'56" W 164.98 feet to an existing iron rod, the northeast comer of the Protestant Episcopal Church of Holy Innocents; thence as a new line N 10°32'04" W 1424.83 feet to a new iron rod; thence N 07'01'11" W 255.64 feet to a new iron rod; thence N 49°33'29"E 166.22 feet to a new iron rod; thence N 62°57'04" E 124.79 feet to a new iron; thence N 49°45'54" E 152.52 feet to a new iron rod located on the edge of Salmon Creek;thence as said creek the following courses and distances: N 64°17'45" E 63.83 feet, S 77°05'34" E 106.90 feet, N 88017'40" E 66.91 feet, S 790 13'17" E 106.68 feet, N 82°06'47" E 99.42 feet, N 74°25'16" E 135.19 feet,N 40°36'37" E 49.77 feet, N 50°50'28" E 45.55 feet, N 34°54'38" E 36.19 feet, N 20°11'55" E 50.57 feet, N 25044'02"E 61.06 feet,N 16°26'56"E 61.03 feet,N 01°41'00"E 68.03 feet,N 00040'31"E 41.13 feet,N 18054'58"W 50.59 feet,N 04042'07"W 33.10 feet,N 68°38'27"W 34.40 feet,N 04052'20" W 32.04 feet,N 86°28'47"W 66.22 feet, S 71°10'45"W 62.43 feet, S 09°52'54"W 51.63 feet, S 06038'41"E 35.20 feet, S 28020'15"E 21.94 feet, S 80°05'29"E 21.73 feet, S 55016'34"E 19.24 feet,S 47°54'20"W 27.93 feet,N 49°24'02"W 47.99 feet,N 09°13'57"W 54.63 feet,N 06°50'53" E 47.46 feet, N 08056'56" E 57.20 feet, N 03'16'11" W 43.14 feet, N 09°01'27"E 60.22 feet, N 06032'06"E 65.53 feet,N 25°47'11"E 81.62 feet,S 80°26'48"E 258.06 feet,S 82045'22"E 129.71 feet, S 85°15'06"E 78.85 feet,N 89050'43"E 85.57 feet,N 82°52'19"E 284.32 feet,N 64047'18" E 89.20 feet, N 57008'51" E 109.86 feet,N 19°43'49"E 93.79 feet, N 00°02'12"E 87.66 feet,N 26040'23" E 59.02 feet, N 12°24'52" W 45.35 feet, N 20°27'16" E 101.36 feet, N 04014'38" E 45.38 feet, N 25051'15" W 40.32 feet, N 02005'49" E 77.74 feet, N 12°14'34" E 49.34 feet, N 47045'59"E 62.80 feet,N 01°27'33"E 83.62 feet,N 19°24'19"E 51.72 feet,N 37056'24"E 52.94 feet,N 12°45'19"E 80.70 feet,N 55°26'46"E 38.35 feet,N 20°28'22"E 88.40 feet,N 02022'38" W 52.70 feet,N 14°49'25"E 77.66 feet,N 14018'06"E 60.40 feet,N 07007'03"W 55.21 feet,N 5 tK Inst # 9389 Book 827 Page. 509 trr 12005'02"E 37.17 to a new iron rod on the edge of Batchelor Bay(Albemarle Sound);thence as said edge,the following courses and distances:N 79°54'29"E 232.26 feet,S 79016'37"E 212.01 feet,N 68°22'03"E 95.71 feet, S 70°19'07"E 78.82 feet,S 89°07'41"E 92.53 feet,S 54°43'31"E 166.86 feet, S 67°24'51"E 74.14 feet, S 72°07'25"E 187.52 feet, S 71°14'15"E 185.65 feet,S 72039'02" E 298.78 feet, S 79°35'45"E 237.62 feet,S 76°07'14"E 207.79 feet,S 79°05'02"E 181.03 feet, S 71014'47" E 154.55 feet, S 55017'16" E 112.36 feet, S 64048'48" E 245.22 feet, S 67059'06" E 179.41 feet, S 72030'40" E 389.69 feet, S 73°08'28" E 118.64 feet, N 82021'35"E 42.13 feet, N 57001'29" E 46.98 feet, S 37010'31" E 103.74 feet, S 58000'30" E 174.09 feet, S 22°41'10" E 174.43 feet, S 26028'18" E 457.06 feet, S 22037'01"E 264.56 feet, S 16°20'14"E 653.32 feet, S 36000'26" E 151.11 feet, S 26051'44" E 136.95 feet, S 14°39'16" E 138.43 feet, S 11030'20" E 419.59 feet, S 12°46'03"E 572.03 feet, S 09°49'56"E 493.08 feet, S 05050'37"E 488.02 feet, S 02053'49" E 415.93 feet, S 08058'54" E 236.63 feet, S 05°25'38" E 128.21 feet, S 30022'57" E 178.70 feet, S 60052'59"E 40.77 feet, S 07010'52" E 178.54 feet, S 23031'51" W 148.92*feet, S 19055'33" W 107.29 feet, S 09009'48"W 97.70 feet, S 08°24'32"E 114.45 feet to a new iron rod near the mouth of the Black Walnut Creek and running thence leaving said Batchelor Bay as a new line S 85°20'44"W 2631.94 feet to a new iron rod; thence N 87005'02" W 1167.68 feet to a new iron rod;thence S 66043'29"W 2469.01 feet to a new iron rod; thence N 73134'59"W 771.45 feet to a new PK nail in the center of SR. 1511; thence as the center of said SR. 1511 the following courses and distances:N 00°32'17"E 90.60 feet,N 05°43'56"W 96.33 feet,N 10'56'20"W 97.52 feet, N 12°13'45" W 98.43 feet, N 12°59'34" W 663.86 feet, N 12000'09" W 97.30 feet, N 09057'58"W 96.73 feet,N 08035'44"W 1921.37 feet to the BEGINNING,containing 894.85 acres, more or less, as shown on survey entitled "Boundary Survey for Rial Corporation" by Hobbs, Upchurch & Associates, P.A. dated May 2004 and revised June 30, 2004, and being a portion of "Tract No. III" described in Deed recorded in Deed Book 801 Page 900, Bertie County Registry. 6 (0 leon" L A"l,G1�6Uox2522 9e%940-452-0004 gam-970-452-0060 IC"-T d&"I- Affa 44 �:�alalc�airi '�oudr+ear Bza�r�i G�ice�as/v �l:�iliesa��uoory .1805��ii�/elamill�.�roenu�i �. �aai9�srrwv �li/.min�osef 28403 8/23/2005 Avoca Technical of Delaware, Inc. 841 Avoca Farm Road Merry Hill,NC 27957 Re: Required Notification To Whom It May Concern: Enclosed are the Adjacent Riparian Landowner Notification Form and CAMA Permit Application package required by the North Carolina Department of Environment and Natural Resources, Division of Coastal Management. Because you are the adjacent riparian landowner to Rial Corporation, at the end of Avoca Road, Bertie County, CAMA regulations require that you are notified of the proposed activities. Please contact me if you have any questions. Sincerely, Greg Finch Staff Scientist Encl: Adjacent Riparian Landowner Notification Form Application materials U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200511140 County: Bertie U.S.G.S.Quad: Edenhouse NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Mr.William C.Stillwagon Address: 319 South Maule Avenue Greensburg,Pennsylvania 15601 Telephone No.: (724)834-5010 Property description: Size(acres) 1,400 acres Nearest Town Merry Hill Nearest Waterway Albemarle Sound River Basin Albemarle Sound USGS RUC 03010205 Coordinates N 36.002944 W-76.690881 Location description Proaerty is a 1,400 acre tract adjacent to Salmon Creek and the Albemarle Sound located at the end of North Carolina State Road 1502 extending to the north side of North Carolina State Road 1511 east of Merry Hill in Bertie County,North Carolina. Indicate Which of the Following Apply: _ Based on preliminary information,there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army(DA)jurisdiction. To be considered final,a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331). _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act(CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload,the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation,you may wish to obtain a consultant. To be considered final,any delineation must be verified by the Corps. The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion,this survey should be reviewed and verified by the Corps. Once verified,this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which,provided there is no change in the law or our published regulations,may be relied upon for a period not to exceed five years. X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 1/17/2007. Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S.,to include wetlands,present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Washington,NC,at(252)946-6481 to determine their requirements. Page 1 of 2 Action Id.200511140 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act(33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program,please contact Josh Pelletier at(252)975-1616 ex 34. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is adiacent to Salmon Creek and Albemarle Sound. Remarks: All wetlands regulated pursuant to Section 404 of the Clean Water Act are contained in the areas marked on the enclosed plats; however,there may be uplands included within this area. Corps Regulatory Official: Date 06/21/2005 Expiration Date 06/21/2010 Copy Furnished: Paul Farley,Land Management Group Page 2 of 2 Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project,please enter"Not Applicable"or"N/A".) I. Processing 1. Check all of the approval(s)requested for this project: ® Section 404 Permit ❑ Riparian or Watershed Buffer Rules ❑ Section 10 Permit ❑ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ❑ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s)Requested: NWP 14; GC 3404 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ❑ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ❑ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Environmental Concern(see the top of page 2 for further details), chec imlw lb H. Applicant Information APR 2 4 2006 DENR-WATER QUALITY 1. Owner/Applicant Information WETu NDS.AM STORMWATER BRWH Name: Ria. Corporation c/o Mr. William Stillwagon Mailing Address: 319 South Maple Avenue Greensburg PA 15601 Telephone Number: (734),834-5010 Fax Number: (734) 834-2711 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Ms. Kim Williams Company Affiliation: Land Management Group Inc. Mailing Address: P.O. Box 2522 Wilmington NC 28402 Telephone Number: (910) 452-0001 Fax Number: (910)452-0060 E-mail Address: kwilliamsgInigroup net Updated 11/1/2005 Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible,the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Innsbrook Golf Course &Residential Community 2. T.I.P. Project Number or State Project Number(NCDOT Only): 3. Property Identification Number(Tax PIN): 4. Location County: Bertie Nearest Town: Windsor Subdivision name(include phase/lot number): Innsbrook Directions to site (include road numbers, landmarks, etc.): From Washington, take US 17 north past Windsor. Turn right onto NC 45/3 South. Turn left onto Avoca Farms Road,which will take you into site (see vicinity map) 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.9974 ON 76.6943 °W 6. Property size (acres): —900 acres 7. Name of nearest receiving body of water: Albemarle Sound 8. River Basin: Pasquotank River Basin (Note — this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Adjacent land use is farmland or undeveloped. The property currently is farmland or forested. 10. Describe the overall project in detail, including the type of equipment to be used: This project will consist of a residential subdivision with 399 lots. The applicant will initially Updated 11/1/2005 Page 6 of 12 complete grading Planned roads and stormwater conveyances will be constructed. Infrastructure such as water will then be installed. The existing lake will be drained and elevations may be lowered in places as much as 2 feet. Then water will reenter lake. Finally, lots will be sold for individual development 11. Explain the purpose of the proposed work: To build a residential subdivision with an 18- hole golf course within the tract IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation(where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. The 404 wetland line was delineated by Land Management Group, Inc. Ms Tracey Wheeler of the U.S. AM Corps of Engineers reviewed the line and signed the wetland survey on 6/21/05 (Action ID# 200511140). It should be noted that the applicant has received a CAMA Major Permit for shoreline stabilization along Albemarle Sound. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No additional permit requests are anticipated for this site. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description,please attach a separate sheet. 1. Provide a written description of the proposed impacts: The applicant proposes to impact 0.365 acre of 404 wetlands. Updated 11/1/2005 Page 7 of 12 V 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, se azately list impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g.,forested,marsh, 100-year Nearest Impact (indicate on map) herbaceous,bog,etc.) Floodplain Stream (acres) es/no) linear feet) 1 Fill/culvert forested No —200 0.365 Total Wetland Impact(acres) 0.365 3. List the total acreage (estimated) of all existing wetlands on the property: 103.34 ac 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage,mul iply length X width,then divide by 43,560. N/A Stream Impact Average Impact Area of Number Stream Name Type of Impact Perennial or Stream Width Length Impact (indicate on ma ) Intermittent? Before Impact linear feet acres N/A Total Stream Impact(by length and acreage) 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill,excavation, dredging, floodin , drainage,bulkheads, etc. N/A Open Water Impact Type of Waterbody Area of Name of Waterbody Site Number (if applicable) Type of Impact (lake,pond estuary,sound, act bay, Impact indicate on ma ) ocean,etc. acres N/A Total Open Water Impact(acres) 6. List the cumulative impact to all Waters of the U.S.resulting from the roject: Stream Impact(acres): Wetland Impact(acres): 0.365 ac Open Water Impact(acres): Updated 11/1/2005 Page 8 of 12 Total Impact to Waters of the U.S. (acres) Total Stream Impact(linear feet): 7. Isolated Waters Do any isolated waters exist on the property? ❑ Yes ®No Describe all impacts to isolated waters, and include the type of water(wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. N/A 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in(check all that apply): ®uplands ❑ stream ❑ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): expansion of existing ponds and excavation of uplands Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Stormwater treatment Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VH. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The applicant has taken great care in the site design in order to avoid and minimize impacts to 404 wetlands. The entire site is approximately 900 acres and contains over 100 acres of wetlands. Many wetland fingers extend through the site and several crossi as are needed to access uplands within the tract. However, bridges will be used in three of the four crossings to reduce impacts. The applicant had initially planned to build a bridge at this crossing as well, but bridge construction costs for all four crossings would have made this project economically unfeasible (between $200,000 and $400 000 per crossing) No fill will be required for the golf course construction or the 399 proposed lots VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Updated 11/1/2005 Page 9 of 12 USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values,preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location(attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The applicant proposes to restore wetlands by removing nineteen berms. This is a 3.23 to 1 restoration to impact ratio Please see the mitigation_ plan for additional details. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement ` Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at hqp://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: N/A Amount of stream mitigation requested(linear feet): N/A Amount of buffer mitigation requested(square feet): Amount of Riparian wetland mitigation requested(acres): Amount of Non-riparian wetland mitigation requested(acres): Amount of Coastal wetland mitigation requested(acres): IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public(federal/state) land? Yes ❑ No Updated 11/1/2005 Page 10 of 12 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ❑ No ❑ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ❑ No ❑ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ❑ No 2. If"yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact Multiplier Required (square feet) Mitigation 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel;Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244,or .0260. N/A XI. Stormwater(required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations Updated 11/12005 Page I 1 of 12 1 r demonstrating total proposed impervious level. There is no existing impervious cover within the site Total proposed impervious cover will consist of up to 399 homes with driveways and 60' wide road right-of-ways This will be approximately 6.2% of the entire site. The applicant will install silt fencing around the construction area to reduce erosion into wetland areas. Adjacent side slopes will be seeded with an annual grass to prevent temporary erosion.-A stormwater plan is beingdeveloped eveloped for the site XII. Sewage Disposal(required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. This subdivision will tie into the local sewer system. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500)or any Buffer Rules? Yes ❑ No Is this an after-the-fact permit application? Yes ❑ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development,which could impact nearby downstream water quality? Yes ❑ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no,please provide a short narrative description: The applicant will install silt fencing around the construction area to reduce erosion into wetland areas Adjacent side slopes will be seeded with an annual grass to prevent temporary erosion. A stormwater plan is beingdeveloped for the site. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A " ` t� Applicant/Agent's Signature Da e (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11/12005 Page 12 of 12 �oaf G�ice J6ox 2522 Wdtniizylopi,Ao*,641 WatwAWa�28402 get-910-452-0004 Aax:970-452-0060 %lo6pirfi.y:.,l�sG �ui1�44 3805�Xzi�/rtanille�/eerau� 28403 1/22/07 David Moye Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 Re: Letter of Refinement, CAMA Permit# 176-05 David, On behalf of Rial Corporation I would like to request a modification to CAMA Permit# 176-05. The wetland line on Lot 4 has been reevaluated and a subsequent extension of the authorized retaining wall and rip-rap is needed. See Sheet 1 of 1 for details. Please contact me with any questions that you may have regarding this proposed activity. Sincerely, �r'—� 3i Greg Finch Environmental Scientist Enclosures cc: Rial Corporation Hobbs, Upchurch & Associates, P.A. w (hu1�C?0b FI MAY 1 9 2006 North Carolina Department of Cultura �s� �� City DCM 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).Crow,Deputy Secretary David Brook,Director May 5,2006 Ralph Bailey,Jr. Brockington and Associates, Inc. 1051 Johnnie Dobbs Blvd. Suite F Mt. Pleasant, SC 29464 Re: Rial Corporation, Innsbrook Tract Intensive Cultural Resources Survey,Bettie County, ER 05-1808 Dear Mr. Bailey: Thank you for your letter of April 20, 2005, concerning the above project. We have review the cultural resources survey and offer the following comments. We are unable to complete our review of this report. The analysis of ceramic materials from 31BR38 has been undertaken using inappropriate typological designations for North Carolina ceramic series. Ceramic types such as Grifton,Lenoir,and Tower Hill are not defined for North Carolina coastal series. The ceramic analysis should be redone using the appropriate types. Discussions regarding the appropriate ceramic types can be found in Phelps (1983) and Herbert (2002). These references are listed for you on the attached sheet accompanying this letter. Based on these issues, the draft report,as it presently exists,is unacceptable. We recommend that the report be revised and submitted again as a revised draft for review. We recommend that a revised site form for 31BR38 be submitted with the report. We also recommend that the report be written and formatted in accordance with the Office State Archaeology's guidelines for the preparation of survey reports. The guidelines can be obtained online at htW://www.arch.dcr.state.nc.us/crtnwAde.httn. As a result,we do not concur that Condition 13 under CAMA Permit 176-05 has been satisfied. In addition, we do not concur that work associated with the stabilization of the shoreline at the Innsbrook Tract will not affect any historic properties. We recommend that no work should be allowed within any of the area within the tract encompassed under Condition 13 until the issues regarding the cultural resources have been resolved. 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, 4017 Mail Senicc Center,Raleigh NC 276994617 (919)733.4763/7338653 RESTORATION 515 N.Blount Street,Raleigh NC 4617 Mail Service Center,Raleigh NC 276994617 (919)733-6547/71554801 SURVEY&PLANNING 515 N.Blount Street,Raleigh,NC 4617 Mail Service Center,Raleigh NC 276994617 (919)733-6545/715.4501 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. In all future communication concerning this project,please cite the above-referenced tracking number. t� Sincerely, eter Sandbeck c: Bill Stillwagon,Rial Corporation Gary Culp, Hobbs,Upchurch,and Associates David Moye,NCDENR, Coastal Management r_. Intensive Cultural Resources Survey of the Innsbrook Tract, CAMA Permit Area (176-05), Draft Report Bertie County,ER05-1808 Specific Comments The following basic references should be used to classify the ceramics from 31BR38: Phelps, David S. 1983 Archaeology of the North Carolina Coast and Coastal Plain: Problems and Hypotheses. In The Prehi tort'of Nortb Carolina:An Archaeological Symposium, edited by Mark A. Mathis and J.J. Crow,pp. 1-51. Division of Archives and History,North Carolina Department of Cultural Resources,Raleigh. Herbert,Joseph M. 2002 A Woodland Period Prehistory of Coastal North Carolina. In The Woodland Southeast, edited by David G.Anderson and R. C. Mainfort,Jr.,pp. 292-317. The University of Alabama Press, Tuscaloosa. MAY 0 8 2006 �cat ��Ox 2522 Wlilwiw , JW% Vaidina28402 Morehead City DCty; cr y xww"C 'w- 940-452-0001 3805��2i��fdrLi��e<�rrr�uce Yfff&15 TO,) max:910-452-0060 WAninff",�IW28403 u�urzr�•�.ne� April 20, 2006 LOVED MAY 4 2006 TO: Ms. Cyndi Karoly r . o r �NAGEmEKT 1 A . Division of Water Quality ©N,O¢Gotf.; 1650 Mail Service Center ` Raleigh, NC 27699-1650 RE: Innsbrook Tract; Bertie County, NC; Rial Corporation Additional Information Dear Cyndi: Thank you for your letter dated April 13,2006 in which you request that the permit application for the Innsbrook Tract be resubmitted using the current March 2005 version of the PCN form. Enclosed are five copies of the revised application on this form. Please let me know if you have any additional questions. Thank you for your assistance with this project. Sincerely, 9:1-� w Kim Williams Wetland Scientist Cttj 11JJ Encl. OR 2 4 2006 1)"-WATER QUALO Y avosAND s7(*N';'ATER ORANcH C: Mr. William Stillwagon, Rial Corporation Mr. Kyle Barnes, DWQ Ms. Tracey Wbeeler, ACOE god 0#ice A 2522 wmbw", AowA ea4dina 28402 !2owney Swnch 01)&e Yad 990-452-000Y 3805*IWyA&vA c14Gwmee 9ft&95 :9o-452-0060 *Wmainy",�IW28403 a uc. icaa1i.net April 3,2006 TO: Ms. Cyndi Karoly Division of Water Quality 71 ve*e,- 1650 Mail Service Center Raleigh,NC 27699-1650 RE: Innsbrook Tract;Bertie County,NC;Rial Corporation 401 Water Quality Certification Application Dear Cyndi: Enclosed is a 401 Water Quality Certification application for your review. This application is submitted on behalf of Rial Corporation for a 900-acre tract located in Bertie County,NC.The applicant is proposing to construct a residential community with an 18-hole golf course within this property.Although he has attempted to minimize wetland impacts through careful site design and the construction of bridges over wetlands where possible,0.365 acre of wetland impact is required to cross one wetland finger in order to provide access to uplands. Please note that the applicant applied for a permit in July of 2005 for a road crossing but then withdrew the application and decided to bridge all of the wetland crossings.After further examination of the costs associated with these bridges,the applicant has determined that a culvert will indeed be needed at one crossing. Also please note that the applicant received the Corps letter dated 2/10/06 notifying him of the unauthorized fill material within the eastern section of the tract.This material has been removed and I have also enclosed pictures of the restored wetland area. The Pre-Construction Notification form,associated maps,site plan,and mitigation plan-are.enclosed for your review.In addition,the$200 application fee is also enclosed.Please contact me if you have any questions.Thank you for your assistance with this project. Sincerely, '' ,II W tJ n Kim Williams dJ iJ l5 D Wetland Scientist -APR 7 2006 Encl. DENH•WATER QUALITY WETLANDS AND STQRMWATER BRANCH C: Mr.William Stillwagon,Rial Corporation Mr.Kyle Barnes,DWQ Ms.Tracey Wheeler,ACOE �0F W A TFRQ Michael F.Easley,Governor 01 \� (� William G.Ross Jr.,Secretary co North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality November 4, 2005 DWQ Project#2005-1871 RECEIVED Bertie County Rial Corporation NOV U 8 2005 C/o Mr. Greg Finch Iry J j t1 319 South Maple Avenue 0W.0F W91ALMMA /-UU.) Greensburg,PA, 15601 RALm Morehead Dty Subject Property: Insbrook for Rial Corporation Salmon Creek/Chowan River, 25-24 Class C NSW/25 Class B NSW Approval of 401 Water Quality Certification(GC3400)with Additional Conditions Dear Mr. Finch: You have our approval,in accordance with the attached conditions,to place fill material within or otherwise impact 0.026 acres of waters to construct a retaining wall with bulkhead along with other infrastructure associated with the reference project as described in your application received by the Division of Water Quality(DWQ)401 Oversight/Express Review Permitting Unit on October 6, 2005. After reviewing your application,we have determined that the Division of Water Quality(DWQ)General Water Quality Certification Number 3400 covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers (USACE). In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including(but not limited to)erosion and sediment control regulations and CAMA. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. 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 must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 21-1 .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification 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 nits Plan Location or Reference 404/CAMA Wetlands 0.026 (acres) DCM field report NorthCarolina 401 Oversight/Express Permitting Unit Naturally 1650 Mail Service Center,Raleigh,North Carolina 27699-1650 2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604 Phone: 919-733-1786/FAX 919-733-6893/Internet:http _h2o.enr.state.nc_us/ncwetlands An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Rial Corporation Page 2 of 2 November 4,2005 2. 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 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,Raleigh,NC, 27699-1650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification(GC) 3400. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification(associated with the approved water impacts),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. If you have any questions,please telephone Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481. Sincerely, q"-�Z'lra4 Alan W.Klimek,P.E. AWKlcbk Enclosures: GC 3400 Certification of Completion cc: Greg Finch, Land Management Group,P.O. Box 2522, Wilmington,NC, 28402 Doug Huggett, DCM USACE Washington Regulatory Field Office DWQ Washington Regional Office File Copy Central Files Filename: 20051871 Innsbrook(Bertie)401 .a siATE o North Carolina Department of Cultural Resources State Historic Preservation Office Peter B.Sandbeck,Administrator Michael F.Easley,Govemor Office of Archives and Ifistory Lisbeth C.Evans,Secretary Division of Historical Resources Jeffrey J.Crow,Deputy Secretary David Brook,Director October 19,2005 MEMORANDUM TO: David W. Moye Division of Coastal Management �,,�,,, k FROM: Peter Sandbeck i✓-.R PZAU " R `�'— SUBJECT: Rial Corporation, Insbrook Golf Course and Residential Community,Bettie County. ER05-1808 Thank you for your Memorandum of October 5,2005. We have reviewed this application and offer the following comments. The permit application is associated with a planned residential community and golf course under the name of Insbrook. The project area is located at the end of SR 1502 (Avoca Farm Road) at the mouth of the Chowan River and Salmon Creek in Bettie County. Our site files indicate that the project area contains 13 previously recorded archaeological sites within the boundaries of the proposed development. These sites include the following- - 31BR33—Prehistoric,Archaic - 31BR34—Prehistoric,Archaic - 31BR35—Historic,Domestic - 31BR6—Prehistoric,Archaic;Historic - 31BR37—Prehistoric,Archaic/Woodland;Historic - 31BR38—Prehistoric,Archaic/Woodland;Historic, 17`h — 19th century - 31BR39—Prehistoric,Archaic/Woodland - 31BR40—Prehistoric,Archaic;Historic - 31BR41 —Prehistoric;Early Historic - 31BR82—Historic - 31BR83—Historic - 31BR84—Historic (Avoca Farm) - 31BR149—Prehistoric;Historic None of the sites above have been evaluated in terms of potential for listing in the National Register of Historic Places (NRHP). Location Mailing Address Telephone/Fax ADMINISTRATION 507 N.Blount Street,Raleigh NC 4617 Mad Service Center,Raleigh NC 27699-4017 (919)733-4763/733-8653 RESTORATION 515 N.Blount Street,Raleigh NC 4617 Mail Senice Center,Raleigh NC 27699-4617 (919)733-6547/715-4801 SURVEY&PLANNING 515 N.Blount Street,Raleigh,NC 4617 Mail Service Center,Raleigh NC 27699-4017 (919)733-6545/715-4801 Based on the nature of the cultural resources within this tract,we strongly recommend that this permit be conditioned to require Phase II testing of all of the sites listed above to evaluate the potential for listing in the NRHP. In addition,given the high site frequency and the potential for NRHP eligible properties within the area (such as 31BR38 and 31BR84),we also recommend Phase I intensive survey of the balance of the proposed project area and NRHP evaluations of all newly recorded sites. As a result,we recommend that the entire project area be included under these conditions. We recommend that the survey and testing be conducted by an experienced archaeologist,in consultation with our office, to identify and evaluate the significance of archaeological remains that may be damaged or destroyed by the proposed project. Potential effects on all cultural resources must be assessed and recommendations for further work or mitigation of adverse impacts must be made prior to the initiation of any construction activities. We recommend that a formal Scope of Work (SOW) be developed for this project to address the issues regarding cultural resources. Our office must review,provide comments,and approve any SOW developed for this project prior to its implementation in the field. Our office is available to assist in the development of a SOW for this project. Two copies of the resulting archaeological report,as well as one copy of the appropriate site forms, should be forwarded to us for review and comment as soon as they are available and well in advance of any construction activities. A list of archaeological consultants who have conducted or expressed an interest in contract work in North Carolina is available at www.arch.dcr.state.nc.us/consults.htm.The archaeologists listed,or any other experienced archaeologist, may be contacted to conduct the recommended work. 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. In all future communication concerning this project,please cite the above-referenced tracking number. cc: Kim Williams,Land Management Group ACOE,Washington Office i • ra SSATE o 7 pu+ State of North Carolina Department of Environment and Natural Resources Washington Regional Office Michael F.Easley,Governor William G. Ross, Jr.,Secretary DIVISION OF LAND RESOURCES LAND QUALITY SECTION October 18, 2005 Rial Corporation ATTN: Mr. William C. Stillwagon, President 319 South Maple Avenue Greensburg, Pennsylvania 15601 RE: Innsbrook Shoreline Stabilization Project Drainage Basin: Chowan Bertie County Dear Sir: As an agency involved in the Division of Coastal Management's major permit application review process, we have determined that more than one acre will be disturbed by the activities as described. Therefore, in addition to a permit from the Division of Coastal Management, an erosion and sedimentation control plan must be submitted to and approved by this office before development begins. The requiring of an erosion and sedimentation control plan is based on a mandatory standard for land-disturbing activity of the Sedimentation Pollution Control Act of 1973 [NCGS 113A-57(4) and 113A-54(d)(4)], which states: No person shall initiate any land-disturbing activity, if at least one acre is to be uncovered, unless an erosion and sedimentation control plan for the activity is filed with the agency having jurisdiction and approved. The plan must be submitted at least thirty(30)days prior to project commencement. The plan must include, but is not limited to, the following: 1. A scaled plat plan of the site, showing the affected areas as well as adjacent properties which may be affected. Include contours if available. 2. Indicate critical areas such as wetlands, creeks, streams, drainage ways, marsh, etc. 943 Washington Square Mall,Washington,North Carolina 27889 Telephone 252-946-6481,FAX 252-975-3716 An Eaual O000rtunity Emoloyeer 50%recycled./10%post-consumer paper v 4 Rial Corporation ATTN: Mr. William C. Stillwagon, President October 18, 2005 Page 2 3. Include a brief narrative describing the activities to be undertaken and a construction schedule. 4. Indicate on the plat the measures to be utilized to prevent sediment from entering adjacent properties, such as location of silt fences, silt basins, diversion ditches, areas to be seeded, etc. 5. Include seeding and mulching specifications for both temporary and permanent stabilization. 6. Include any other pertinent information directed at controlling offsite sedimentation, slope degradation, and erosion. Please be advised that the plan will be considered incomplete, and the statutory review period will not begin,unless a non-refundable plan review processing fee, payable by check or money order made out to the Department of Environment and Natural Resources, is included. The amount of the fee is based on$50 for each whole or fractional acre of land to be disturbed (including offsite borrow or waste areas). To begin this project without the approval of an erosion/sedimentation control plan will be considered a violation of the Act and may lead to the assessment of a civil penalty of up to $5000 initially plus $5000 per day for each day the project is deemed in violation. For your convenience, we are enclosing a guideline for developing a plan. If you should have any questions, feel free to contact me. Sincerely, C C�� Patrick . McClain, P.E. Regional Engineer PHM: Enclosures cc: David Moye, Division of Coastal Management "►ZC� �1 OCR Zoa-�- 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 TO: David Moye press Permits Coordinator FROM: Fred Lan , ashington District Planner DATE: October 11, 2005 RE: Express Major Permit Application request by the Land Management Group on behalf of the Rial Corporation for a planned development under the name of Insbrook to include a 399-lot subdivision, golf course and clubhouse with parking, retaining wall, bulkhead, ponds, and access roads. The project site is located at the end of SR 1501 (Avoca Farm Road) at the mouth of the Chowan River and Salmon Creek near Merry Hill in Bertie County,North Carolina. LUP CONSISTENCY DETERMINATION The proposal is consistent with and not in conflict with the Bertie County CAMA Land Use Plan Update 1998 certified by the CRC on September 8, 1999. PROJECT SUMMARY The project site is located at the end of SR 1501 (Avoca Farm Road) at the mouth of the Chowan River and Salmon Creek near Merry Hill in Bertie County. The site is approximately 900 acres, situated at the confluence of Salmon Creek and the Chowan River. Approximately 9,000' of the site fronts the Chowan River and 3,500' adjacent Salmon Creek. There is no shoreline stabilization in place, with the exception of 3 wooden groins at the downstream (south) end of the river shore. The site is predominately made up of agricultural fields that were part of Avoca Farms. The remainder of the site is wooded wetlands that form fingers jutting into upland portions of the property in several locations. Active work on the site includes road grading, clearing for the construction of fairways, and pond excavation. The river shore is predominantly 50' of sand that terminates at a.20' erosion escarpment. The site is bordered on the downstream (south) side by Black Walnut Swamp and on the upstream side (north)by Salmon Creek. With the exception of Bal-Gra Beach Subdivision to the north(12 single-family homes with individual piers and slips),there is very little development in this area. The applicant proposes to develop the property by creating 399 single-family lots ranging in size from 0.5 acres to 1.5 acres, three multifamily/cottage areas, an 18-hole golf course with a 400 Commerce Avenue Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper clubhouse and parking area, access roads, and manmade ponds. Approximately 350 acres (15,246,000 ft2) would be graded and/or filled as a result of the proposed development. No impervious surface is proposed within the 75' Estuarine Shoreline AEC. An onsite treatment plant with spray irrigation is proposed for sewage treatment, and the plan is under review by the Division of Water Quality and the local government. County water would supply the drinking water to the site. The applicant proposes to construct 8,762 linear feet of retaining wall, no closer than 5' to the normal water level (NWL). The wetland areas between the proposed retaining wall sections would be left natural along the shoreline. Wing walls would be constructed at the ends of the proposed retaining wall sections to prevent backfill from entering the adjoining wetland areas. The applicant proposes to install rock riprap landward of the new retaining wall for a distance of 10' to provide additional protection in storm events. A 3:1 maximum slope is proposed landward of the new retaining wall and this area would be seeded for erosion control. The fill area behind the newly installed retaining wall and the 20' erosion escarpment would range from zero to 75' wide with and average of 40'. The source of the fill material would be from the excavation of various ponds that are proposed on the property. The retaining wall and riprap would cover 97,493 ft2 of Estuarine Shoreline. One hundred feet of the retaining wall along a section identified as Section A (spanning 3,717') would be at or below the NWL in an area that has eroded significantly in the last year. This section of proposed bulkhead would average 11.5' below the NWL with a maximum of 20' below the NWL. Anticipated impacts: The project as proposed would result in the filling of 1,150 ft2 of river bottom associated with the construction of the bulkhead, as well as the disturbance of 350 acres (15,246,000 ft2) of uplands as a result of the development activities. Areas of Environmental Concern (AEC): The AEC impacted by the proposal is Estuarine Shoreline. The Chowan River in this area is classified as B-NSW by the Environmental Management Commission and is closed to the harvesting of shellfish. The area is not a Primary Nursery Area. The Bertie County Land Classification Map designates the area encompassing the proposed project site as "Limited Transitional", "Rural" and "Conservation", and the AECs as "Conservation". Applicable or related policy outlined in the Land Use Plan includes the following: • "Bertie County officials are very much aware that protection of the estuarine waters and adjacent estuarine shorelines is of paramount importance to fishing, both commercially and for recreation. Bertie County recognizes that certain actions within the estuarine shoreline...could be detrimental to these sensitive areas, and wishes to protect them. 2 In order to promote the quality of the estuarine waters, Bertie County officials will consider land use controls which protect the values of the estuarine system. Residential, recreational, and commercial uses would also be controlled within the estuarine shoreline,provided that: • A significant change of pollution occurring from the development does not exist. • Development does not have a significant adverse impact on estuarine resources. • Development does not significantly interfere with existing public rights or access to, or use of, navigable waters or public resources. " (Estuarine Waters and Estuarine Shorelines (a),pg. 61) Cc: John Thayer, Manager of Planning and Grants 3 4 , 17"S 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 05 October 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM TO: Doug Huggett Division of Coastal Management FROM: David W. Moye Express Permits Coordinator Washington Regional Office SUBJECT: CAMA/DREDGE & FILL Permit Application Review glo5 Applicant: Rial Corporation Insbrook Project Location: At the end of SR 1501 (Avoca Farm Road),gar;Vounty, outh of the Chowan River and Salmon Creek near Merry Hill in Bertie North Carolina Proposed Project: Applicant proposes to construct a 399-lot subdivision, golf course and clubhouse with parking, retaining wall, bulkhead, ponds, and access roads Please indicate below your agency's position or viewpoint on the proposed project and return this form by 26 October 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.nev An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper �l North Carolina Department of Environment and Natural Resources .l 6I h I Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross,Jr.,Secretary 05 October 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM ) �;'T 1 t? 2_005 TO: Ted Tyndall Division of Coastal Management t' Moroh -.)6Q { FROM: David W. Moye Express Permits Coordinator Washington Regional Office SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Rial Corporation Insbrook Project Location: At the end of SR 1501 (Avoca Farm Road), at outh of the Chowan River and Salmon Creek near Merry Hill in Bertie a ounty,VNorth Carolina Proposed Project: Applicant proposes to construct a 399-lot subdivision, golf course and clubhouse with parking, retaining wall, bulkhead, ponds, and access roads Please indicate below your agency's position or viewpoint on the proposed project and return this form by 26 October 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 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 R Q I-) oc,- zcoS 'oaoE cansrq� W..QO � �N1►`^ a z 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 05 October 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM TO: Mr. G. T. Pittman Building Inspector County of Bertie Post Office Box 530 Windsor, North Carolina 27983 FROM: David W. Moye Express Permits Coordinator Washington Regional Office SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Rial Corporation Insbrook Project Location: At the end of SR 1501 (Avoca Farm Road), at the mouth of the Chowan River and Salmon Creek near Merry Hill in Bertie Dare County, North Carolina Proposed Project: Applicant proposes to construct a 399-lot subdivision, golf course and clubhouse with parking, retaining wall, bulkhead, ponds, and access roads Please indicate below your agency's position or viewpoint on the proposed project and return this form by 26 October 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED -7 DATE 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.ney An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper k"S 1 a oCz 200�- a�consa�,r1 �.J.A(4- 0 a' 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 05 October 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM TO: Gloria Nance-Sims, Director Division of Community Assistance FROM: David W. Moye Express Permits Coordinator Washington Regional Office SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Rial Corporation Insbrook Project Location: At the end of SR 1501 (Avoca Farm Road), at the mouth of the Chowan River and Salmon Creek near Merry Hill in Bertie Dare County, North Carolina Proposed Project: Applicant proposes to construct a 399-lot subdivision, golf course and clubhouse with parking, retaining wall, bulkhead, ponds, and access roads Please indicate below your agency's position or viewpoint on the proposed project and return this form by 26 October 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE /(>— —2-6 S 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 Ric�) ►t tic—, z.,,- apt COA5141� V�i P9-() .)-\ Lw 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 05 October 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM TO: Fred Landa Division of Coastal Management FROM: David W. Moye Express Permits Coordinator Washington Regional Office SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Rial Corporation Insbrook Project Location: At the end of SR 1501 (Avoca Farm Road), at the mouth of the Chowan River and Salmon Creek near Merry Hill in Bertie Dare County, North Carolina Proposed Project: Applicant proposes to construct a 399-lot subdivision, golf course and clubhouse with parking, retaining wall, bulkhead, ponds, and access roads Please indicate below your agency's position or viewpoint on the proposed project and return this form by 26 October 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: v This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 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 Ica 1 g oc� 200� t aoJ consr,1,1 T/ 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 05 October 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM TO: Pat McClain For: Jim D. Simons, P.G.,P.E., Director Division of Land Resources FROM: David W. Moye Express Permits Coordinator Washington Regional Office SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Rial Corporation Insbrook Project Location: At the end of SR 1501 (Avoca Farm Road), at the mouth of the Chowan River and Salmon Creek near Merry Hill in Bertie Dare County, North Carolina Proposed Project: Applicant proposes to construct a 399-lot subdivision, golf course and clubhouse with parking, retaining wall, bulkhead, ponds, and access roads Please indicate below your agency's position or viewpoint on the proposed project and return this form by 26 October 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. L/Ffhis agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached -- comments. SIGNED DATE l 4 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neV An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 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 05 October 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM M TO: Sara Winslow U For: Preston P. Pate, Director Division of Marine Fisheries ���T 2,3 FROM: avid W.=ts DM -HABITATEx resP Coordinator aching o ice SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Rial Corporation Insbrook Project Location: At the end of SR 1501 (Avoca Farm Road), at the mouth of the Chowan River and Salmon Creek near Merry Hill in B nty, North Carolina Proposed Project: Applicant proposes to construct a 399-lot subdivision, golf course and clubhouse with parking, retaining wall, bulkhead, ponds, and access roads Please indicate below your agency's position or viewpoint on the proposed project and return this form by 26 October 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED �IATE /D Q' t7 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.nev An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Rcc�9 d4 a 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 05 October 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM TO: Joe Henderson Department of Administration OCT - 6 2005 FROM: David W. Moye Express Permits Coordinator Washington Regional Office SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Rial Corporation Insbrook Project Location: At the end of SR 1501 (Avoca Farm Road), at the mouth of the Chowan River and Salmon Creek near Merry Hill in Bertie Dare County, North Carolina Proposed Project: Applicant proposes to construct a 399-lot subdivision, golf course and clubhouse with parking, retaining wall, bulkhead, ponds, and access roads Please indicate below your agency's position or viewpoint on the proposed project and return this form by 26 October 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. ` REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ZIAA7 WDATE ri • 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 R<<& 10 Oct,ji a' _ z 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 05 October 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM TO: Patty Fowler,NCDENR i Division of Environmental Health Shellfish Sanitation Section OCT ' 6 2 FROM: David W. Moye Ar0N Express Permits Coordinator .SHEI.t.�M.. Washington Regional Office (� �-r, �„ SUBJECT: CAMA/DREDGE & FILL Permit Application Review LS �� s OCT 18 2005 � Applicant: Rial Corporation Insbrook P 8NEU M BAN $=N ' Project Location: At the end of SR 1501 (Avoca Farm Road), at the mouth of the Chowan River and Salmon Creek near Merry Hill in Bertie Dare County, North Carolina Proposed Project: Applicant proposes to construct a 399-lot subdivision, golf course and clubhouse with parking, retaining wall, bulkhead, ponds, and access roads Please indicate below your agency's position or viewpoint on the proposed project and return this form by 26 October 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED�� d DATE tC' /3- 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.ney An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper ��CDASI.q� a z s 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 05 October 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM TO: Terry Moore, District Manager Division of Coastal Management FROM: David W. Moye Express Permits Coordinator Washington Regional Office SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Rial Corporation Insbrook Project Location: At the end of SR 1501 (Avoca Farm Road), at the mouth of the Chowan River and Salmon Creek near Merry Hill in Bertie Dare County, North Carolina Proposed Project: Applicant proposes to construct a 399-lot subdivision, golf course and clubhouse with parking, retaining wall, bulkhead, ponds, and access roads Please indicate below your agency's position or viewpoint on the proposed project and return this form by 26 October 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNE2 DATE /v 2 v 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.net/ An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper V 24 W North Carolina Department of Environment and Natural Resources Division of Coastal Management DISTRICT Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., SeciQffai 05 Octob 005 EXPRESS PERMIT R � it.Rot, � MEMORANDUM TO: Ken Pace OCT 272005 U Department of Transportreh _ D eau ity FROM: David W. Moye '"''' u""'T 17 2005 Express Permits Coordinator Washington Regional Office DISTRICT OFFICE SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Rial Corporation Insbrook Project Location: At the end of SR 1501 (Avoca Farm Road), at the mouth of the Chowan River and Salmon Creek near Merry Hill in Bertie Dare County, North Carolina Proposed Project: Applicant proposes to construct a 399-lot subdivision, golf course and clubhouse with parking. retaining wall, bulkhead, ponds, and access roads Please indicate below your agency's position or viewpoint on the proposed project and return this form by 26 October 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. I REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED t/ DATE 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neV An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper apt COASTgI 4T 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 05 October 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM RECEIVED TO: STORMWATER OCT -5 2005 Scott Vinson—Express Permits Coordinator - Division of Water Quality IIWQ-WARD FROM: David W. Moye Express Permits Coordinator Washington Regional Office SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Rial Corporation Insbrook Project Location: At the end of SR 1501 (Avoca Farm Road), at the mouth of the Chowan River and Salmon Creek near Merry Hill in Bertie Dare County, North Carolina Proposed Project: Applicant proposes to construct a 399-lot subdivision, golf course and clubhouse with parking, retaining wall, bulkhead, ponds, and access roads Please indicate below your agency's position or viewpoint on the proposed project and return this form by 26 October 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: ")C— This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE Q 3 f .� IV 1) z 07 a5ro� j) 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neY An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper oc; a�5 �uf CW741�1 jo r 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 05 October 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM ��23 4 S 6, TO: Maria Tripp ti OCT o NC Wildlife Resources Commission ti RECEIVED N Habitat w FROM: David W. Moye s� CWervation Express Permits Coordinator 6�; �r4l►1 Washington Regional Office �`�CCII Ud AO`1�� SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Rial Corporation Insbrook Project Location: At the end of SR 1501 (Avoca Farm Road), at the mouth of the Chowan River and Salmon Creek near Merry Hill in Bertie Dare County, North Carolina Proposed Project: Applicant proposes to construct a 399-lot subdivision, golf course and clubhouse with parking, retaining wall, bulkhead, ponds, and access roads Please indicate below your agency's position or viewpoint on the proposed project and return this form by 26 October 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. VThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED &if'e- L=ff) DATE /1)- 2-&- z Dos' 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 Q&c& av o 5 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 05 October 2005 EXPRESS PERMIT REVIEW PROGRAM ~ MEMORANDUM 1`Lhc e TO: Renee Gledhill-Early Department of Cultural Resources \�\ See` 5 5 FROM: David W. Moye n Express Permits Coordinator aov� rn Washington Regional Office SUBJECT: CAMA/DREDGE & FILL Permit Application Review `P1171d� Applicant: RdaLCQQoration Insbrook .L�/ Project Location: At the end of SR 1501 (Avoca Farm at the mouth of the Chowan River and Salmon Creek near Merry Hill 'n Bertie are County, North Carolina Proposed Project: Applicant proposes to construct a 399-lot subdivision, golf course and clubhouse with parking, retaining wall, bulkhead, ponds, and access roads Please indicate below your agency's position or viewpoint on the proposed project and return this form by 26 October 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED Sys ,fie - ATE 943 Washington Square Mall,Washington,North Carolina 27889 OCTt u Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neU 0 2005 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 10/17/2005 10:54 NC STATE HISTORIC PRESERVATION 4 912529480470 NO.993 D81 . ._........... ..._. �. �— _._.-._...... .. , I 1 OCZ OS ���� ( W�.Qu ►�1 fir^ North Carolina Department of Cultural Resources State Historic Preservodon Office PL(er b,Sandbcck, ()f&e of Axhrm snd I&Wj Michel F.Easley,Govemor 1 pfVjSj(M of Hisco:ical Resource LucbeeA C.Cwna,Secretary David Bmak,Di-- leffrgj,Crow,DepxT SeVC1217 September 21,2005 Kun Williams Land Management Group, Inc. P. O.Box 2522 Wilmington,NC 2W2 SUBJECT: Innsbrook Golf Course and Residential Cotnmututy,Bertie.CouatY,NC ()-RO5-1808) Dear Ms,Williams: Thank you for your letter of August 3,2005 requesting information regarding the project listed above.We have reviewed our site files, offer the following comments,and apologize for the delay in our response. The project area contains 13 previously recorded archaeological sites-These sites include the following. 31BR33—Prehistoric,Archaic 31BR34—Prehistoric,Archaic 31BR;,—>-T;storic,Domestic 31BR6—Prehistoric,Archaic;Historic 3113R37=Prehistoric,Archaic/Woodland;Histonc 31BR38 Prehistoric,Archaic/Woodland;Historic, 17" 19"century 31BR.39-Prelustotic,Archaic/Woodland. 31BR40-Prehistoric,Archaic;Historic 31BR41 —Prehistotc;Early Historic 31BR82�-Histotic 31BR83:-Historic 31BR84-Historic(Avoca Farm) 31BR149—Prehistoric;Historic I None of the sites above has been ev Iluated in terms of potential.for listing in the National Register of Historic Places(NRHP). will recommend Phase II testing of all of In the event ere are asked to review any applications for permits, we the listed sites to evaluate their potential for listing in the NRHP• In addition,given the high site frequency and the potential fv, NR�IP eligible properties within the area (such as 31BR38 and 31BR84),we will xecolnmend Phase I intensive survey of the balance of the proposed profess area titan@ AQarcw Tele➢hoaa Plus 1 7�2a�s;ni�»rsv r,I7Idt1J1S I IRATION MYI N,Dloonr 3acce,R.6�81h NC aGt7 0.4a>7 Sery re Censer.R9letgl NG Z769Y�G1 �lmT�>65��/„y.xni c1 s N.pImmt Sneer,Raleigh NC 1617 M.0 Sarv'�ca CMeee-TW'R6 NC V699-M �10733-6w/715.4Nilt [tY5-rOMTION s15 N,Alo��t$erect Ralciph,NC 4617 Mail service Cea{ce,(Weigh NC 2709-IG17 (� SUYYEY ptaNINING i 1 �COASTgT� o� Y 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 5 October 2005 BERTIE LEDGER-ADVANCE Post Office Box 69 Windsor,NC 27983 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 12 October 2005 edition of your newspaper. If it will not be possible to include this notice in that edition,or if you should have any questions about this notice, please call me as soon as possible at 948-3812. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit,an original copy ofthe published notices, and an original invoice to: JAYE POOLE NCDENR COASTAL MANAGEMENT DIVISION 1638 MAIL SERVICE CENTER RALEIGH,NC 27699-1638 Thank you. cerely, Sandra Gordon Secretary, Division of Coastal Management c: Doug Huggett Original faxed:AQ-.5—eQ.r— Original mailed: /O 5 4� One No hCarolina 943 Washington Square Mall,Washington,North Carolina 27889 Naturally Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.nev An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%a Post Consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT EXPRESS PERMIT REVIEW PROGRAM The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act(CAMA)was received on 04 October 2005.According to the said application,The Rial Corporation proposes to construct Innsbrook;a 399 lot subdivision, golf course, retaining wall and bulkhead onsite property located at the end of SR 1502 (Avoca Farm Road) at the mouth of the Chowan River and Salmon Creek, near Merry Hill in Bertie County,North Carolina. A copy of the entire application maybe examined or copied at the office of David Moye, 943 Washington Square Mall, Washington, NC 27889, during normal business hours. Public comments received by 6 November 2005 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. David W. Moye Express Permit Coordinator 943 Washington Square Mall Washington,North Carolina 27889 252-948-3852 PLEASE PUBLISH ON: 12 October 2005 \�pE OASTq? 0 i z 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 05 October 2005 Rial Corporation C/O Mr. Greg Finch, Staff Scientist Post Office Drawer 2522 Wilmington,North Carolina 28402 Dear Mr.Finch: The NC Division of Coastal Management hereby acknowledges receipt of an application on behalf of Rial Corporation, for State approval for development of a Subdivision, golf course, retaining wall, and bulkhead onsite property located at the end of SR 1501 (Avoca Farm Road),at the mouth of the Chowan River and Salmon Creek near Merry Hill in Bertie County, North Carolina. It was received as complete on 04 October 2005, and appears to be adequate for processing at this time. You have requested that the application be processed under.the Express Review Permitting Program. Under this expedited process,the projected deadline for making a decision will be around 03 November 2005. If this agency does not render a permit decision within 30 days from 04 October 2005, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner,developer,and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required,you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, ��Q David W.Moye DCM Express Permit Coordinator Washington Regional office Enclosure Cc: Doug Huggett—Major Permits Coordinator,Morehead City, DCM Terry Moore—District Manager, Washington,DCM 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 \ FAX:252-948-0478 \ Internet:www.nccoastalmanagementneV An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper AM r i AMA PE MIT APPLIED FOR PROJECT: �o�y o. cQ�w�►�►n•. \ bV�tc��� 3�1 Si,•w\e,�o. .\o. �0�"3 c Sa%5 ca v C�Jf, t�enr Y`�,re-.. �1:�1 ',.� " ►�e+� � a� . �i. LE6w COMMENTS ACCEPTED THROUGH APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: 1�___'`a CAoc��oc'o.�ha� _Y �t�l,eow, tftxs, twam volmt c- Aiok do Leo ttlonaae ,e G�-ovc� ,-L �oV� otv o� cis:�A`l��r� N� S-„�Q�r q�3�aA�l�titve�oiw SQy�ANa �`4lAU►- ?d� ��aSaa. � w A�►v��oH� tic. Z9��� qko- ti1Sa-000,