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176-05 MM 12/2010 Rial Corporation
iq.:{•iY� :•%Q409�t'C'YMK-0004:MSt•:•iY.bMN:•?>:'.K-0•:•:•:4M:-0•}9•)•vK_i0•}0•:•>•YrC-:-YYrW'Fi4:+i-0•Yfw00+N•YQ-0K.44?!-+0•Ne4}Y.4:i '}. :,.C-05?Pf}74004WYr'r?'OWi!� Permit Class Permit Number k MODIFICATION/N WOR 176-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and { Coastal Resources Commission x for Y X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 i Issued to Rial Corporation,PO Box 2444 Greenville NC 29602 at ad'. to the Chowan River, at the end of Authorizing development in Bertie —County 1 SR 1502 near Merry Hill , as requested in the permittee's application dated 4/5/10 including the attached drawings (2) all dated revised 7/14/10 This permit, issued on December 9, 2010 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action;or may cause the permit to be null and void. Marina 1) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage x disposal facility shall be installed in an easily accessible location, and a representative of the Division of Coastal Management shall meet on-site with the permittee to ensure that the required pumpout facility-is-in plaee-and operable. The pumpout facility shall be-operable.and-maintained for the-life- of x the marina. 2) The marina shall display a sign showing the location of the on-site pumpout facility, including other appropriate waste disposal information, at the entrance and exit from each of the main piers. (See attached sheets for Additional Conditions) This permit action may be appealed by the perinittee 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. (� This permit shall be accessible on-site to Department personnel when the project is inspected for compliance. James H. Gr son, Director Any maintenance work or project modification not covered ivision of Coastal Management x hereunder requires further Division approval. All work shall cease when the permit expires on This permit and its conditions are hereby accepted. January 22,2015 In issuing this permit, the State of North Carolina agrees p that your project is consistent with the North Carolina Coastal s Management Program. y*( Signature of Permittee .4.,:r?.?). ,-YJ•C«•rr}ppq•}O..MC•o-}Y}Gr•44•:•OK-�O-I•}}P,�i,toPP,.N}v04Ri•;.aGG-i.;:-:p•`-0•YOCC-W4>:�+•C4trOtKt.OvoS•�}0{y�.r-0• '-C Permit# 176-05 Rial Corporation ' Page 2 of 5 ADDITIONAL CONDITIONS 3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina. Any sewage discharge at the marina shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 4 Unless specifically altered herein, this permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this marina facility without permit modification. No non-water de-pendent uses of structures may be conducted on, in or over public trust waters without permit modification. 5) The authorized structure shall not extend more than 1/a of the width of the waterbody, as measured from the waterward edge of the marsh on both sides of the waterbody immediately in front of the project site. fi 6) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. The Division has determined that the attached workplan drawings accurately depict the riparian corridor lines for the property. 7) In order to ensure compliance with Condition No. 5 and No. 6 of this permit, an as-built survey showing the location and dimensions of the constructed structure shall be performed on the facility, including the riparian lines and width of the waterbody. Copies of the survey shall be provided to the Division of Coastal Management within 60 days of completion of the marina facility. 8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable - watery at-or adjacert-to-the authorized work. 9) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the . permitted activity without having it transferred to a third party. F 10) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury that may be caused from existing or future operations undertaken by the United States in the public interest. 11) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. z Rial Corporation Permit# 176-05 Page 3 of 5 ADDITIONAL CONDITIONS 12) This permit authorizes a maximum of 92 docking spaces. At no time shall more than 92 vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. 13) In accordance with commitments made by the permittee, the permittee shall construct a continuous railing along the entire length of the boardwalk and all shallow water portions of the piers. Additionally no boat mooring will be allowed in these areas. Boat Ramp x 14) Unless specifically altered herein, this permit authorizes the reconstruction of the boat ramp facility, all � as indicated on the attached workplan drawings. � a 15) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or Y poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. Easement 16) The permittee may be required to apply for a submerged land lease from the Department of Administration's State Property Office. Contact the Department of Administration's State Property Office directly at (919) 807-4650 for this determination. Should it be determined that an Easement is required, the permittee shall supply a copy of the easement to the Division within 30 days of issuance of - - the Easement.----------- -- ----- ----------- .-- -- - --__. Upland Development 'r 7 Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities 1 ) P Y associated with the development of the above referenced property, including the ship/store, fueling for vehicles and boats, pool area, 36 associated parking spaces, and the required access infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at(252) 946-6481 for this determination. �L h xaat 'Qx! Y Y i •f :z t 5.:-:a:•:•o«o-�ao-:aa•000r�000-oa. .ro-u.aaaoa�am•�•.oc-Irv-•:.o-r•o-c-:wc4o-m•:b.:.oea-rao-oc�•o,ao-c�so-x ��,ioeoo-wartwaa�aocw waao-'•�aaa�ary,-;.�+.w'r,ta•c-;l+.aacoaxae•:<4x.c wr7-:4�waca-:.:.rrr...r:.,.•r,•r�`ra-rtroot:+w.ar�'ti-warr:..?-r,ac•r'c-rr�c•c-:w�+.-rock-rr;-rr>t•:w..ro-uuc-t�� Permit# 176-05 Rial Corporation s Page 4 of 5 Y f, Y ADDITIONAL CONDITIONS Stormwater Manazement 18) The Division of Water Quality approval of this project under stormwater management rules of the Environmental Management Commission is covered by way a Redevopment Exclusion Permit No. SW7101006 issued on 11/23/10. If a modified Stormwater permit is required, it shall be obtained prior to initiation of any development. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. Sedimentation and Erosion Control 1 1.9) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to Y ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). NOTE: An Erosion and Sedimentation Control Plan shall be required for this project. This plan shall be y filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. General 20) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause - - ----unreasonable obstruction-ta-free- navigation-of the navigable.waters,.the_germittee shall_be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No v claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 21) In order to protect anadramous and resident fish species, no in-water work is permitted between February 15 and September 30 of any year without prior approval from the Division of Coastal Management in coordination with the U.S. Army Corps of Engineers. 3 22) Unless specifically altered herein, any mitigative measures or environmental commitments specifically made by the applicant in the Environmental Assessment for this project should be implemented, regardless of whether or not such commitments are addressed by individual conditions of this permit. .l �::. v,��»ooao+.ao-rocao-aoo-:-: »o-ro•roe.�o.ccw•rr.o-r.� •ocseoroa�a�eoerw,.:.+c..o-o•o-aso-ro-o-rrrsaeao-.o•ro-co-��o-o�c.�,txo.:o-cx•,aro•rr� • `4PbOCb'0'7K-0•Y}0-TN.{b•0.0:-: Y.}d.rX'f„NY.•.:{h6J7V{•YNJ41''/Y}40'!•90?dJ4��{ti"%'��r:r,•0'OC'%�•}h`•G.Pi.hY�'a•Q.:4M'0'}S-0•::':'�OS4}':Y .y.y,R+.}aqp.t�:•:49{-h•}'DCO•P000-0`}Y/}4?Y)•?T}Q`Aii':a'. }q.loti-:4•i.'-tbOCOCMKi�'�•'4'/ r rRial Corporation Permit# 176-05 Page 5 of 5 } ADDITIONAL CONDITIONS I x 23) No Coastal Wetlands shall be excavated or filled, even temporarily. '14) The permittee and/or his contractor shall meet with a representative of the Division of Coastal Management prior to project initiation in order to discuss the conditions set forth in this permit. 1 b attached to the original Permit No. 176-05, which was issued on 25) This minor modification shall be •F ¢ 11/9/05, as well as all subsequent renewals, modifications, and letters of refinement, and copies of all t documents shall be readily available on site when Division personnel inspect the project for compliance. E 26) All conditions and stipulations of the active permit remain in force under this minor modification unless specifically altered herein. } x NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, s that may be required, including any local approvals or approvals approvals or authorization from the North Carolina Department of Transportation. Y NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division of Coastal Managment at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification.No. 3641 (DWQ Project No. 05 1.871 V2), which was issued on 7/6/10. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW- 2010-00731. a � t A YEA PnA � Q fQ .L .•:•}0•n.PPO`?0.7,•,r•hbJ-0C?}9A`o-}0!'� >-0�'C'o-9'4'o-7'10}C-0-}600-}0•.V•Oq'PU•Cq'-0b'O-0'N}•}4:OSi4•?i-0`Y7{•b}P-0.4i•M?{^}4Y:•�ppQ•}�' .."'"' NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary December 9,2010 Rial Corporation PO Box 2444 Greenville NC 29602 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff-colored form) and the Xerox stamped "Copy". Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please retain the original (buff-colored form), as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation. However,if questions arise concerning permit conditions,environmental safeguards,or problem areas,you may contact Department personnel at any time for assistance.By working in accordance with the permit,you will be helping to protect our vitally important coastal resources. Sincerely, i{rl �� Douglas U. uggett 1/6 , Major Permits and Consistency Manager Enclosure 400 Commerce Ave.,Morehead City,NC 28557--3421 011C Phone:252-808-28081 FAX:252-247-3330 Internet:www.nccoastalmanagement.net NorffiCafolina An Equal Opportunity Affirmative Action Employer ;Vatutrally RECEIVED DIVISION OF COASTAL MANAGEMENT MAY 4 ZOIT FIELD INVESTIGATION REPORT J WrOhead City DCM 1. APPLICANT'S NAME: Rial Corporation, Scotch Hall Preserve Marina- Major Modification to Permit No. 176-05 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- 2006: 141-6903; R-T 11, Q-T 12, Q-T 13 2000: 141-1634; F-H 13, F-H 14 1995: 141-1477;F-H 6, F-H 7, F-H 8 State Plane Coordinates - X: 2,679,400 Y: 827,700 GPS Rover File# I042612A Edenhouse Quad. (lower left corner) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 26 April 2010 Was Applicant Present-No 5. PROCESSING PROCEDURE: Application Received- 28 April 2010 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: PTA,CS (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - On-site central treatment facility Planned - same (F) Type of Structures: Existing- golf course, roads, single-family homes, bulkhead Planned - 107-slip marina,boat ramp, ship store, pool, parking lot (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 ±660 ft2 f 17,366 ft2 Creek bottom (C)Other ±153,766 ft2 Highground (D) Total Area Disturbed: ±3.53 acre (f171,792 sq. ft.) (E) Primary Nursery Area:NO (F) Water Classification: C-NSW Open: NO 8. PROJECT SUMMARY: The applicant proposes to construct a 107-slip marina, boat ramp, parking areas, roads, ship store and pool. Major Modification—CAMA Major Permit No. 176-05 RECEIVED Scotch Hall Preserve Marina(formerly Innsbrook) C/O The Rial Corporation MAY 4 2010 Bertie County Morehead City DCM Project setting Quible & Associates, P.C., on behalf of The Rial Corporation, has requested the attached application be processed as a Major Modification to CAMA Express Major Permit No. 176-05. The modification is for a 107-slip open water marina with amenities within the Scotch Hall Preserve Subdivision(formerly Innsbrook). Scotch Hall Preserve is located at the intersection of SR 1502 and SR 1511 at the confluence of Salmon Creek with the Chowan River, near Merry Hill in Bertie County,North Carolina. The Scotch Hall Preserve Subdivision is situated on approximately 1,000 acres of land and contains 399 residential lots and an 18 hole golf course with amenities.Approximately 9,000'of the site fronts the Chowan River with an additional ±3,500' adjacent Salmon Creek. The subdivision was originally permitted as Innsbrook under the Express Review Program. CAMA Major Permit #176-05 was issued to Innsbrook, for the Rial Corporation on 9 November 2005 for the construction of a retaining wall with riprap backfill,bulkhead,399 single family lots,a golf course with clubhouse, access roads and parking areas. Prior to its development into a subdivision,the site was predominately made up of agricultural fields that were part of Avoca Farms. The remainder of the site was wooded wetlands that formed fingers bisecting the upland portions of the property in several locations. The retaining wall/bulkhead, subdivision roads,golf course with associated amenities,three single-family residences and one duplex have been constructed to date. There are two single-family residences currently under construction. The project area is located in the Northwestern quadrant of Scotch Hall Subdivision adjacent Salmon Creek.Vegetation within approximately 75' of the Creek consist of Cypress,Loblolly Pine, American Beech,various species of Oak and Gum trees with a scrub shrub understory that has been mowed. An undeveloped untended relic agriculture field exists approximately 75' from the Creek. The elevation of the project area is f15' above NWL approximately 30' landward of the Creek. A Submerged Aquatic Vegetation(SAV)survey revealed that SAVs do exist within the footprint of the project area. The SAV Survey can be found in the Environmental Assessment submitted by Quible & Associates, P.C. on behalf of The Rial Corporation. The east end of the project area is dominated by a large area of wooded wetlands. The adjacent property on the downstream(east)side is a single-family residential lot with a two slip pier. The adjacent property on the upstream(west) side is owned by Avoca, Inc.,which is a commercial agricultural processing facility. RECEIVED Major Modification—CAMA Major Permit No. 176-05 Scotch Hall Preserve Marina(formerly Innsbrook) MAY 4 2010 C/O The Rial Corporation Bertie County Morehead City DCM Page Two Staff of the Division of Coastal Management with the aide of the N.C. Marine Patrol conducted a water depth assessment of Salmon Creek on 8 June 2006. Water depths were measured from the Island near Avoca,Inc.downstream towards the mouth of Salmon Creek. The water depths measured in June 2006 appear to be consistent with the information provided by Quible & Associates, P.C. Additionally,this office discussed in great length the Creek width and process for determining the quarter width. The Division of Coastal Management is satisfied with the final plat work depicting the outermost limits of structures into Salmon Creek at the location. Additionally, the 107-slip open water marina is located in a natural cove within Salmon Creek outside of the traditional navigation area of the Creek. Salmon Creek is classified C-NSW by the Environmental Management Commission at this location. Salmon Creek is classified as inland fishing waters and not open to shell fishing. An Intensive Cultural Resources Survey of the Innsbrook Tract was conducted by Brockington and Associates, Inc. in March 2007 as a part of the previously mentioned CAMA Major Permit. The following permits/authorizations were issued to the Rial Corporation for the development of the subdivision: - NCDWQ Stormwater Permit SW7050941 - NCDWQ 401 Certification 2005-1871 - NCDLR Sedimentation Erosion Control Plans 2005-007, 2005-009, 2006-012 - U.S. Army Corps of Engineers General Permit 198000291 Project description The applicant proposes to construct a 107-slip open water marina within Salmon Creek. The marina will consist of 3 main piers extending into Salmon Creek. Pier I will be f342' in length with a t118' by±8' T-Head platform at the terminal end. The water depth at the end of Pier I is=L6.5'. This pier will have four f25' by f3',three f30' by f3',one f18' by f3' and five±13' by f3' finger piers for the creation of 29 slips. Pier 11 will be±535' in length with a±94' by±8' T-Head platform at the terminal end. The water depth at the end of Pier 11 is±5.5'. Pier II will have three±25' by f3',two t30' by f3',eleven±18'by f3' and ten±13'by±3' finger piers for the creation of 55 slips. Pier III will extend±240'with a±60' by t8' T-Head Platform at the terminal end. A mobile marine pump out and both gasoline and diesel fuel pumps will be located at the terminal end of pier three. The water depth at the end of Pier III is f5.0'. Pier III will have ten f 13' by f3' finger piers for the creation of 23 slips. A total of 422 tie pilings will be installed to create 107 slips. All three piers will be±8' in width and connect to one±8' wide central access walkway located on high ground. CAMA Major Permitting Scotch Hall Preserve Marina QF�f� D March 11, 2010 MAY 4 Existing Conditions ZO�Q Mc�ehepaCllj,DCU Scotch Hall Preserve (formerly Innsbrook) is an existing residential and resort destination community which is currently approved as a planned unit development (PUD) with 399 residential lots situated on an approximately 1,000 acre parcel of land adjacent to the Albemarle Sound, Chowan River and Salmon Creek in Bertie County, North Carolina. The developed site includes an 18-hole golf course with a golf club house and pro shop, roads and parking, and associated utilities. The project is served by an on-site central tertiary level wastewater system and on-site spray field. Potable water supply is provided by Bertie County. Major CAMA Permit #176-05 (11-09-05) was issued for the bulkhead constructed on the Albemarle Sound-fronting shoreline. Also issued in association with the CAMA Major Permit was a NCDWQ 401 Water Quality Certification (11-04-05) and USACE General Permit 198000291 (11-08-05). A Section 404 Jurisdictional Determination and Wetland Confirmation was issued by USACE on 6-21-05 (200511140). For upland development, NCDLQ SESCP Permit # 2005-007 and NCDWQ Coastal Stormwater Permit SW7050941 were issued. The site is bound to the north by Salmon Creek and the east shore of the site is bound by the Albemarle Sound. The Chowan River is also located in close proximity to the tract. Salmon Creek is designated by the NC Division of Water Quality (DWQ) as Class C Nutrient Sensitive Water (NSW) and as inland waters by the NC Wildlife Resources Commission (WRC). The Albemarle Sound and Chowan River are classified as Class B, NSW. There is also a large expanse of wetlands (Black Walnut Swamp) that bound the site to the south. In addition to natural water courses, the recently developed residential areas of the site include numerous ponds for stormwater management and irrigation associated with the golf course. Water depths in Salmon Creek measured on two occasions by Quible (during the SEPA EA process) are depicted on the CAMA Major Site Plans. A comprehensive SAV analysis and report performed by Quible was also performed during the SEPA process and was included as an attachment to the SEPA EA document. Four copies are provided for federal agency review. Proposed Work The subject of this CAMA Major Permit request is for a 107slip open water marina in a protected area of Salmon Creek that received a FONSI from NCDENR and the NC State Clearinghouse on March 2, 2010. The proposed development includes the construction of three piers of varying lengths, extending 342 If, 535 If and 230 If into Salmon Creek. The slips range from 26' to 80' feet in length and the breakdown of slip sizes by number of slips is as follows: 27'x 80' (2) 25'x 60' (100 21' x 50' (15) 17' x 36' (26) 15' x 26' (54) Total Slips (107) 1 RECEIVED MAY 4 201p? MerehftaCllyON The 107 slips will be located on three piers. Pier 1 will be 445' long, Pier 2 will be 569' long and Pier 3 will be 362' in length (Note: Pier length includes connection piers that run along the shoreline). A platform is proposed at the end of each pier system. Platform 1 is 118' x 8', Platform 2 is 94' x 8', and Platform 3 is 60' x 8'. In addition to the piers there is a proposed 332' long x 8' wide boardwalk that provides pedestrian access from the boat ramp to the slips. The eight foot width of the pier system is proposed for several reasons including providing sufficient width for boat owners to bring equipment and supplies from the boat ramp and parking area to their boats, to insure safe use of the facilities by handicapped individuals and children, and to generally insure safe ingress and egress for patrons of the marina facility in adverse wind and weather conditions. The proposed open water marina has been designed to eliminate the need for dredging and there is at least three feet of water depth for the interior slips nearest to shore and an average of five to six feet of water depth for the larger slips. Also proposed as amenities to the marina complex is a ship store/market, fueling for vehicles and boats, a pool area and thirty six (36) associated parking spaces and required access infrastructure. Fuel will be stored in underground storage tanks (UST's) that will be double-walled with leak detection systems. In addition, a 20' x 60 ' (33' below nwl) boat ramp is proposed with a 6'wide x 36' long access pier. Also proposed are four (4) parking spaces for vehicles with boat trailers. All proposed work is depicted on the CAMA Major Site Plan and is further described in the CAMA Major Application Package. The proposed development of an open water marina with associated clubhouse will not impact either Section 404 Wetlands or a Coastal Wetlands AEC as defined in the CAMA guidelines. A 20' x 33' (660 sq. ft.) portion of the concrete boat ramp will be placed below nwl and impact both shallow water habitat and Section 404 wetlands. The proposed construction of a 107 slip open water marina will temporarily disturb the benthic substrate in proximity to the pilings during installation. WRC and DMF suggest that removal of snags and installation of pilings have a moratorium period from February 15'"through September 30'h in order to minimize impacts to aquatic resources during construction of the marina. The current design will require the removal of four (4) dead snags that lie within the footprint of the proposed marina (see Sheet 1). A concern expressed by WRC and DMF involved the ability of boats to moor to the side of the pier system in shallow water, landward of the designated slips. To address this issue, there will be a continuous railing built along the waterward side of the pier in shallow water. Additionally, no cleats or mooring pilings will be allowed in shallow water. A comprehensive Archaeological Assessment was performed by Brockington and Associates, Inc. in March 2007. This was included in the SEPA EA and can be provided upon request. At present, there are no known archaeological sites within the footprint of the proposed marina piers, slips, boat ramp or associated amenities. There are 14 known archaeological sites in proximity to, or on the Scotch Hall Preserve. The Brockington survey indicates that a visual inspection was made along the entire 8,800 linear foot shoreline. Major Modification—CAMA Major Permit No. 176-05 Scotch Hall Preserve Marina(formerly Innsbrook) C/O The Rial Corporation Bertie County RECEIVED Page Three MAY 4 2010 Morehead City DCM Additionally, the f8' wide walkway will extend downstream, meandering both above and below Normal Water Level (NWL)for a distance of f300',to a boat ramp. The boat ramp will be ±20' wide by±33' long. A±36' long by f6'wide launch pier will be located adjacent the boat ramp. Although no boat ramp grade preparation will be done below the NWL a trench will be excavated at the waterward end of the boat ramp to"key"the cement into the Creek bottom. An impervious road will lead to the boat ramp. A pool and ship store will be located approximately 50' landward of the NWL. Also,an impervious 36 space and four boat trailer parking area will be located landward of the ship store and pool. An Underground Storage Tank area will be located immediately adjacent the parking area. Anticipated impacts The project as proposed will result in the shading of approximately ±17,366 ft2 of Creek bottom associated with the construction of the 4 piers and access walkway. The project will usurp approximately 4.5 acres of public trust area within Salmon Creek. The construction of the boat ramp will result in the filling of approximately 660ft2 of Creek bottom. The footprint of the proposed marina will be located in SAV habitat as described in the Environmental Assessment. A total of 600ft2 of impervious surface will be located within the Coastal Shoreline Area of Environmental Concern. Approximately 3.5 acres of uplands will be disturbed as a result of the construction of access roads, parking area, ship store and parking area. Kelly Spivey—29 April 2010 DCM MP-1 RECI'ryEp APPLICATION for MAY Morehead Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/Landowner Information Business Name Project Name(if applicable) Rial Corporation Scotch Hall Preserve Marina Applicant 1: First Name MI Last Name Mike Collins Applicant 2: First Name MI Last Name If additional applicants,please attach an additional page(s)with names listed. Mailing Address PO Box City State P.O. Box 2444 Greenville SC ZIP Country Phone No. FAX No. 29602 USA 864-991 6016 ext. Street Address (if different from above) City State ZIP na Email mcollins @ i miliving.com 2. Agent(Contractor Information Business Name Quible&Associates, P.C. Agent/Contractor 1: First Name MI Last Name Brian D Rubino Agent/Contractor 2: First Name MI Last Name Mailing Address PO Box City State P.O. Drawer 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252-261 -3300 ext. 240 ext. FAX No. Contractor# 252 261 1260 Street Address (if different from above) City State ZIP 8 Juniper Trail Southern Shores NC 27949- Email brubino@quible.com <Form continues on back> 252-808-2808 -: 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County(can be multiple) Street Address State Rd.# Bertie Avoca Farm Road NC 15 4 RECEIVEI 0 ,.f Subdivision Name City State Zip MAY 4 2 1u Scotch Hall Preserve(formerly Innsbrook) Merry Hill NC 2795 - Phone No. Lot No.(s) (if many, attach additional page with list) are ead Ci DCM 864-991 -6016 ext. 1-399 ,Total in Project- None in this phase., a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Chowan Salmon Creek c. Is the water body identified in(b)above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Chowan River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed []Yes ®No work falls within. Unincorporated Bertie County 4. Site Description a. Total length of shoreline on the tract(ft.) b. Size of entire tract(sq.ft.) 13,755 ft 43,560,000 sq.ft. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water)or varies: 0.5- 1.5 acres, None in this Phase, NWL (normal water level) (If many lot sizes,please attach additional page with a list) avg. 5-20 ft ❑NHW or®NWL e. Vegetation on tract Maintained Bermuda Grass, Loblolly Pine, Southern Red Oak, American Holly, Wax Myrtle, American Beech, Red Maple, Bald Cypress, Sweet Gum, Black Gum f. Man-made features and uses now on tract golf course, roads throughout the development, club house, wastewater treatment facility, bulkhead along Albemarle Sound-fronting lots, three single family residential structures, one private boat dock. g. Identify and describe the existing land uses adjacent to the proposed project site. Agriculture, residential, industrial botanicals processing facility(Avoca Farms, LLC) h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? No Zoning (Attach zoning compliance certificate, if applicable) ❑Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? [--]Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes,attach a copy. ®Yes ❑No ❑NA If yes, by whom? Brockington and Associates, Inc. I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> 252-808-2808 .. '1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit RECEIVED m. (i) Are there wetlands on the site? ®Yes ❑No MAY 4 2 1Ql' (ii)Are there coastal wetlands on the site? []Yes ®No Morehead Ci DCM (iii)If yes to either(i)or(ii)above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. There is an on-site central wastewater treatment facility designated for the entire project. o. Describe existing drinking water supply source. Bertie County Public Water System p. Describe existing storm water management or treatment systems. There are two existing low density storm water management permits for Phases 1 and 2 of the project. SW7070613 5. Activities and Impacts a. Will the project be for commercial, public,or private use? ®Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use,and daily operations of the project when complete. This is to be a private marina facility that will provide wet slips for boats of various sizes and styles. There will be a private concrete boat ramp for use by Scoth Hall Preserve residents and property owners. There will also be a ship store for marine relates supplies, food and fuel (see site plan and project narrative). c. Describe the proposed construction methodology,types of construction equipment to be used during construction,the number of each type of equipment and where it is to be stored. All marina pier and boardwalk pilings will be driven in place from a barge with a vibratory hammer. If necessary,the piles will be jetted in. The boat ramp will be concrete and not poured and cured in water. The ramp will be constructed from pre- fabricated slabs or it will be poured in place (in the dry) by installation of a coffer dam (temporary). Equipment: backhoe/loader, excavator with hammer, hydraulic drill and chain saws (to be kept on-site). Typical upland development techniques will be implemented for the ship store and associated parking. d. List all development activities you propose. 107 slip open water marina,water dependent marina access boardwalk, boat ramp, ship store, community pool, vehicular parking areas,fuel storage and distribution system. e. Are the proposed activities maintenance of an existing project,new work,or both? New f. What is the approximate total disturbed land area resulting from the proposed project? Total at Build out: 3.8 assoc. w/ marina ❑Sq.Ft or®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes []No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No direct discharges planned, however, there will be limited surface runoff from the proposed boat ramp. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes,will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes,attach a mitigation proposal. 252-808-2808 -. 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit -•� <Form continues on back> RECEIVED 6. Additional Information €' MAY 4201 In addition to this completed application form, (MP-1)the following items below,if applicable, must be submitted in order for he application Az` package to be complete. Items(a)—(f)are always applicable to any major development application. Please consult the ap�142pd City,p M instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate,dated work plat(including plan view and cross-sectional drawings)drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work,clearly indicate on maps, plats,drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed(with state application only)or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront(riparian)landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Avoca Technical of Delaware,Inc. Phone No. Address 841 Avoca Farm Road,Merry Hill,NC 27957 Name Robbie Saunders Phone No. Address 1445 Garretts Island Road, Plymouth, NC 27962 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers,permittee,and issuing dates. CAMA Major 176-05(11-09-05) NCDWQ 401 Cert. (11-04-05) NCDLQ SESCP Bertie 2005-007(6-05) DCDWQ Coastal Stormwater SW7050941 USACE General Permit 198000291 (11-08-05) h. Signed consultant or agent authorization form,if applicable. i. Wetland delineation,if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act(N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands,attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date y/5/�d Print Name _Rial Corporation Sign re Please indicate application attachments pertaining to your proposed project. NDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts NDCM MP-3 Upland Development NDCM MP-4 Structures Information 252-808-2808 -. 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit RECEWED MAY 4 2010 6'0'e"e0c'CitY,DCM 252-808-2808 :- 1-888-4RCOAST -: www.ncco.ts 0 al mayvagernent.net Form DCM MP-2 EXCAVATION and FILL '�qr �F'�Fo (Except for bridges and culverts) O�eh� f2�1a aCA Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint-' Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 60' (33'below NWL) Width 20' Avg. Existing Depth 3' NA NA Final Project Depth 3' NA NA 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. C. (i)Does the area to be excavated include coastal wetlands/marsh d. High-ground excavation in cubic yards. (CW), submerged aquatic vegetation(SAV),shell bottom (SB), NA or other wetlands(WL)? If any boxes are checked,provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii)Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. C. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA ❑Yes ❑No DNA (ii)If no,attach a letter granting permission from the owner. (ii) If yes,where? e. (i)Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation(SAV),shell bottom(SB), ❑Yes ❑No DNA or other wetlands(WL)? If any boxes are checked, provide the number of square feet affected. (ii) If yes,how much water area is affected? ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of disposal in these areas: 252-808-2808 :: 1-888-4RCOAST :: vvww.ncc,oastalmanagement.e-eet revised: 12461/06 Form 130E MP-2 (Excavation and Fill, Paige 2 of 3) 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4—Structures) a. Type of shoreline stabilization: b. Length: ECEIVEI) ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHWor NWL�AY 2��Q) e. Type of stabilization material: I. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (ii) If yes,state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes [:]No ❑NA b. (i)Will fill material be placed in coastal wetlands/marsh(CW), If yes, submerged aquatic vegetation(SAV),shell bottom(SB),or (ii)Amount of material to be placed in the water other wetlands(WL)? If any boxes are checked, provide the number of square feet affected. (iii) Dimensions of fill area ❑CW ❑SAV ❑SB (iv) Purpose of fill OWL ❑None (ii) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used(e.g.,dragline, controlled? backhoe,or hydraulic dredge)? Limited excavation associated with construction of the boat ramp Backhoe, Dump Truck,Concrete Truck will be contained by utilizing silt fence or other erosion control methods as described in the proposed Sed and Erosion Control plan. C. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes ❑No ZNA site? ❑Yes ®No []NA (ii) If yes, explain what type and how they will be implemented. (ii) If yes,explain steps that will be taken to avoid or minimize environmental impacts. 252-808-2808::1.888-411COAST::www.nccoastal.mo-nanement.net revise& 12/26/06 Form DCM NIP-2 (Excavation and Fill, Page 3 of 31 Date 411: RECEIVED Scotch Hall Preserve Marina Project Name MAY 4 2010 Morehead City DCM Rial Corporation Applic Name d Appli, Signature 252-808-2808 :.- 1-888-4RCOAST.-: www.ncc.oast.alt-natip.qc-,erqnt.t-,ket revised: '12/26/06 Form DCM MP-3 Mqy F° UPLAND DEVELOPMENT 140%O 2010 (Construction and/or land disturbing activities) a ¢GJyDC Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings,facilities,units or structures b. Number of lots or parcels. proposed. None in this phase of the project. Currently 399 lots have (1) ship store,(1) pool, underground fuel tanks been approved in earlier phases. c. Density(give the number of residential units and the units per d. Size of area to be graded,filled,or disturbed including roads, acre). ditches,etc. Based on the existing 399 lots that were approved in earlier Total =3.53 ac. Includes: access roads/parking (3.13 ac.), phases density is 0.4 units per acre for the entire project. ship store and pool area(0.29 ac.), UST area and fuel lines No new residential units are proposed in association with (0.07 ac.), boat ramp (0.04 ac.) the marina. e. If the proposed project will disturb more than one acre of land,the f. List the materials(such as marl,paver stone,asphalt,or concrete) Division of Land Resources must receive an erosion and to be used for impervious surfaces. sedimentation control plan at least 30 days before land-disturbing asphalt and concrete activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ®No ❑NA (ii) If yes,list the date submitted: existing SESCP Plan will be modified to address new disturbance g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also be covered by impervious and/or built-upon surfaces,such as require a Stormwater Certification. pavement, building, rooftops,or to be used for vehicular driveways (i) Has a site development plan been submitted to the Division of or parking. Water Quality for review? 0.001% (612 sq.ft. within 30 ft of the shoreline associated ❑Yes ®No DNA with the boat ramp) No additional impervious within 75' AEC for the entire project area. (ii)If yes, list the date submitted: to be Submitted in association with a Phase 3 Low Density SWMP i. Give the percentage of the entire tract to be covered by impervious and/or built-upon surfaces,such as pavement,building, rooftops, or to be used for vehicular driveways or parking. <30% (low density SW Permit requirement) j. Describe proposed method of sewage disposal. k. Have the facilities described in Item(i)received state or local There is a permitted on-site central wastewater treatment approval? system . ❑Yes ®No DNA If yes,attach appropriate documentation. I. Describe location and type of proposed discharges to waters of the m. Does the proposed project include an innovative stormwater state(e.g.,surface runoff,sanitary wastewater,industrial/ design? commercial effluent,"wash down"and residential discharges). ❑Yes ®No ❑NA 252-80828082 ;: 1-888-4RCOA T:: www.nccoasta{management-net revised: 12/26/06 ft minor surface runoff If yes,attach appropriate documentation � 4 L CF�VFC Moz, ac��O�M m. Describe proposed drinking water supply source(e.g.,well, n. (i) Will water be impounded? ❑Yes ®No DNA community, public system,etc.) (ii)If yes, how many acres? No impoundment associated with Bertie County Water Disribution System the marina. There are currently extensive stormwater management wet ponds throughout the golf course. o. When was the lot(s)platted and recorded? p. If proposed development is a subdivision,will additional utilities be Phased subdivision between 2006 and 2009.No new lots in installed for this upland development? this phase of the project. ®Yes ❑No DNA !/ �o Date Project Name Scotch Hall Preserve Marina Applicant Name Rial Corporation Ap licant S' 252-808-2808 :: 1-888-4RCOAST::www nccoastainian<setement.net irevis,¢d: 12126106 Form DCM MP-4 RECEIVED -1 Y T R T S UC ORES MAY 42010 t (Construction within Public Trust Areas) 4foreheod City DCM Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS El This section not applicable a. (i) Is the docking facility/marina: b. (i)Will the facility be open to the general public? ❑Commercial ❑Public/Government ®Private/Community ❑Yes ®No c. (i)Dock(s)and/or pier(s) d. (i)Are Finger Piers included? ®Yes ❑No (ii)Number 4 If yes: (iii)Length Pier 1: 342' (ii)Number 49 Pier 2: 535' (iii)Length (5) 30'; (7) 25'; (12) 18'. (25) 13' Pier 3: 230' (iv)Width 3 Pler 4: 36' (v) Floating []Yes ®No (iv)Width Pier 1, 2, 3: 8'; Pier 4: 6' (v)Floating []Yes ®No e. (i) Are Platforms included? ®Yes []No f. (i) Are Boatlifts included? ❑Yes ®No If yes: If yes: (ii)Number 3 (ii)Number (iii)Length Platform 1: 118' ; Platform 2: 94'; Platform 3: (iii)Length 60' (iv)Width (iv)Width 8' (v) Floating ❑Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i)Number of slips proposed h. Check all the types of services to be provided. 107 ❑ Full service, including travel lift and/or rail, repair or (ii)Number of slips existing maintenance service 0 ® Dockage,fuel,and marine supplies ® Dockage("wet slips")only,number of slips: 107 ❑ Dry storage;number of boats: ® Boat ramp(s);number of boat ramps: 1 ❑Other, please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served(e.g.,open runabout, ❑ Land cut and access channel charter boats,sail boats,mixed types). ❑Open water;dredging for basin and/or channel mixed types ®Open water;no dredging required ❑Other;please describe: k. Typical boat length: 20-40 ft I. (i)Will the facility be open to the general public? 252..808-2808 :: 1-888-4RCOAST :: www nccoastaimana-qem€iit,s'i�:t revised. 12/2 T/06 Form DCM MP-4 (Structures, P}fir?* RECEIVEIB m. (i)Will the facility have tie pilings? ®Yes ❑No ®Yes ❑No MAY 4 (ii) If yes number of tie pilings? M01e1e0c,City U(;hll 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ®Office Toilets ®Toilets for patrons; Number:4; Location:ship store ® Showers ® Boatholding tank pumpout;Give type and location: Mobile pumpout station, located at the end of Pier 3 b. Describe treatment type and disposal location for all sanitary wastewater. The existing on-site central wastewater treatment facility. Permit No. W 00029653 C. Describe the disposal of solid waste,fish offal and trash. trash receptacles on-site d. How will overboard discharge of sewage from boats be controlled? No overboard discharge (signs will be posted) e. (i)Give the location and number of"No Sewage Discharge"signs proposed. 2; one on Pier 3 and one along the water dependent marina access boardwalk (ii)Give the location and number of"Pumpout Available"signs proposed. 1; on Pier 3 f. Describe the special design,if applicable,for containing industrial type pollutants,such as paint,sandblasting waste and petroleum products. There will be no painting or sandblasting in the marina area. The fuel system will be fully permitted through the NCDENR UST Section and will include a leak detection system. There will be a Spill Prevention Control and Countermeasure Plan as discussed in the SEPA EA that received a FONSI. g. Where will residue from vessel maintenance be disposed of? No boat maintenance such as powerwashing, sandblasting or painting allowed at this marina. h• Give the number of channel markers and"No Wake"signs proposed. No channel markers proposed; 1 "No Wake" sign at the end of Pier 3 proposed i. Give the location of fuel-handling facilities,and describe the safety measures planned to protect area water quality. The fuel dispensers will be at the end of Pier 3 and at the Ship Store j. What will be the marina policy on overnight and live-aboard dockage? Overnight dockage available for transient visitors must be approved by Scotch Hall Preserve; No long term live aboard allowed 252,-808-2808 :: 1--883-4111COA&r:: www-,nCc9ast3tr kan_atMBX6ent.,net r-vi<-Ie 4r 1'9i27146 Form DCM MP-4 (Structures, Pace 3 of 4) k. Describe design measures that promote boat basin flushing? Proposed Marina is located in open water h � F 'QF I. If this project is an expansion of an existing marina,what types of services are currently provided? 4`4,? CFiLFO N/A 4tpv9 m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes jSINo o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh(CW),submerged aquatic vegetation(SAV),shell bottom (SB),or other wetlands(WL)? If any boxes are checked, provide the number of square feet affected. ❑CW NSAV 13, 184 sq.ft. partial shading ❑SB ®WL none affected []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes,give the name and address of the leaseholder(s),and give the proximity to the lease. 3. BOATHOUSE(including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii)Number (iii)Length (iv)Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN(e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii)Length (iii)Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL,or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): b. Number ❑Commercial ❑Public/Government ❑Private/Community 252-808-2808 :: 1-888-4RCOAST::www.nccoastalmananement,oet revised: 12/27/06 Forttt4t DCM MP-4 (Structures, Page 4 of 4) c• Distance to be placed beyond shoreline d. Description of buoy(color,inscription,size,anchor,etc.) Note: This should be measured from marsh edge,if present. cF,v r a� e. Arc of the swing 7. GENERAL a. Proximity of structure(s)to adjacent riparian property lines b. Proximity of structure(s)to adjacent docking facilities. 20 ft to the west- 1,123 ft to the east 1,173 ft. from next adjacent docking facilities Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body d. Water depth at waterward end of structure at NLW or NWL varies: 1,088 ft to 2,074 ft Pier 1 -6.5', Pier 2- 5.5', Pier 3-5.0% Pier 4-3.0' e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii)If yes,explain what type and how they will be implemented. & OTHER ❑This section not applicable a. Give complete description: Also proposed is a 332' long x 8'wide boardwalk that connects the slips with the proposed boat ramp(See Sheet 1 and Sheet 2) Date Project Name Scotch Hall Preserve Marina Applicant Name Rial C 'on is t Si a, re 252-808-2808:: 1-888-4RCOAST::wwwv,#mccoastalmanagement.net ®evised: 12/2.7/06 ..... RECEIVED U.S. ARMY CORPS OF ENGINEERS Q WILMINGTON DISTRICT Ccity M 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 Maple 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 HUC 03010205 Coordinates N 36.002944 W-76.690981 Location description Pronerty.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 CPR 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 ofthe 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 maybe 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 6121/2005. Unless there is a change in the law or our published regulations, this determination maybe 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 fora 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 (LAMA). You should contact the Division of Coastal Management in Washington,NC,at(252)946-6481 to determine their requirements. Page 1 of 2 } RECEIVED MAY 4 2010 Morehead City DCM Action 1d.200511140 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Arm permit tray 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 Tracey L.Wheeler at(252)975-161.6 ex 24. 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 Remarlisr All wetlands retauluted pursuant to Section 404 of the Clean Water Act are contained in the areas marked on the enclosed lats• however,there.may be uplands included within this area. Corps Regulatory Offici Date 06/21/2.005 Expiration Date 06./21/2010 Copy Furnished: Paul Farley,Land Management Group i Page 2 of 2 V JURISDICTIONAL DETE N TI. N RFc�itr RNII A O Rtsed 8<a /04 U.S. Army Corps of Engineers qY DISTRICT OrFICE:CESAW-gG-W �0i8h ZO�� FILE NUMBER:100511140 ®4aCitkOC41 PROJECT LOCATION INFORMATION: State: North Carolina County: Bertie Center coordinates of site(latitude/longitude): 36:002944 -76.690881 Approximate size of area(parcel)reviewed,including uplands; 1,400 acres: Name of nearest waterway:Albemarle Sound and Salmon Creek Name of watershed; Albemarle Sound JURISDICTIONAL DETERMINATION Completed: Desktop determination Date: Site visits) Date(s);03/10/2005 Jurisdictional Determination(JD)t. i Preliminary JD Based on available information, 'there appear to be(or)❑there appear to be no."waters of the United States" andlor"navigable waters of the United States"on the project site. A preliminary JD is not appealable(Reference 33 CFR part 331). Approved JD—An approved JD is an appealable action(Reference 33 CFR part 33l). Check all that apply: There are"navigable waters of the United States"(as defined by33 CFR part 329 andassoeiated guidance)within the reviewed area. Approximate size of jurisdictional area: There are"waters of the United States" (as defined by 33 CFR part.328 and associated guidance)within the reviewed area. Approximate site of jurisdictional area: 103.34 acres. There are "isolated,non-navigable,intra-state waters or wetlands"within the reviewed area. �1 Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No Jurisdiction. BASIS OF JURISDICTIONAL DETERMINATION: A. 'Waters defined under 33 CFR part 329 as"navigable waters of the United State$": }II The presence of waters that are subject to the ebb and flow of the tide and%ot are presently used;or have been used in the past,or may be susceptible for use to transport interstate or foreign commerce. B. Waters defined under 33 CFR part 328.3(a)as"waters of the United States' (1)The presence of waters,which are currently used,or were used in the past,or may be susceptible to use in interstate or foreign commerce,including all waters which are subject to the ebb and flow of the tide, (2)The presence of interstate waters including interstate wetlands. (3)The presence of other waters such as intrastate lakes,rivers,streams(including intermittent streams),mudflats;sandflaw wetlands,sloughs,prairie potholes,wet meadows,playa lakes,or natural ponds,the use,degradation or destruction of which could affect interstate commerce including any such waters(cbeck all thatapply): ❑ (i)which are or could be used by interstate or foreign travelers for recreational or other purposes. Q (ii)from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. [] (iii)which are or could be used for industrial purposes by industries in interstate commerce. � (4)Impoundments of waters otherwise defined as waters of the US. (5)The presence of a tributary to a water identified in(1)-(4)above. (6)The presence of territorial seas. (7)The presence of wetlands adjacent'to other waters of the US,except for those wetlands adjacent to other wetlands. Rationale for the Basis of Jurisdictional Detetmination(applies to any boxes checked above). If the jurisdictional water or tivetlaod is not itself a navigable water oftlie United States,describe connection(s)to the downstream navigable iYaters. IfB(1)orB(3) is used as the Basis ofJurisdiction,document navigability and/or interstate commerce connection(i,e;discuss site conditions, including wiry the waterdody is navigable and/or how the destruction of the waterbody could affect interstate or foreign commerce).IfB(?,d,S or 6)is used as the Basis ofJurisdiction,document the rationale used to indke the determination.IfB(7)is used as the Basis of Jurisdiction,document the rationale used to make adjacency determination:This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is adjacent to Salmon Creek and Albemarle Sound. Lateral Extent of Jurisdiction:(Reference:33 CFR parts 328 and 329) �'�r ] { Ordinary High Water Mark indicated by: High Tide Line indicated by; /y ?��� ❑ clear,natural line impressed.on the bank eiah® ❑ oil or scum line along shore objects oq Ci ❑ the presence of litter and debris ❑ .fine shell or debris deposits(foreshore) tY®Cly ❑ changes in the character of soil ❑ physical tnarkings/characteristics [] destruction of terrestrial vegetation ❑ tidal gages ❑ shelving ❑ other; ❑ other:. Mean High Water Mark indicated by ❑survey to available datum; ❑physical markings;❑vegetation lines/changes in vegetation types. 2' Wetland boundaries,as shown on the attached wetland delineation map and/or in a delineation report prepared by:Paul Farley Basis For Not Asserting Jurisdiction`: The reviewed area consists entir ely of uplands. Unable to confirm the presence of waters in 33 CFR part 328(a)(1,2,or 4-7), ■ Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3). The Corps has made a case-specific determination that the following waters present on the site are not.Waters of the United States: ❑ Waste treatment systems;including treatment ponds or lagoons,pursuant to 33 CFR part 32$.3. ❑ Artificially irrigated areas,which would revert to upland if the irrigation ceased. ❑ Artificial lakes and ponds created by excavating and/or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering,irrigation,settling basins,or rice growing, El Artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating and/or diking dry land to retain water for primarily aesthetic reasons. Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of obtaining fill,sand,or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR 328.3(a). ❑ Isolated,intrastate wetland.with no nexus to interstate commerce. ❑ Prior converted cropland,as determined by the Natural Resources Conservation Service.Explain nrtionale ❑ Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale: C] Other(explain): DATA REVIEWED FOR JURSIDICTIOiNAL DETERMINATION(mark all that apply): gm Maps,plans,plots or plat submitted liy or on behalf of the applicant. Data sheets prepared/submitted by or on behalf of the applicant. This office concurs with the delineation report,dated ,prepared by(company);Land MWagettaent Gxtsup ❑ This office does not concur with the delineation report;dated ,prepared by(company): Data sheets prepared by the Corps. Corps'navigable waters'studies: lil U.S.Geological Survey Hydrologic Atlas: U.S.Geological Survey 7.5 Minute Topographic maps:Edenhouse Quad U.S.Geological Survey 7:3 Minute Historic quadrangles: U.S.Geological Survey 15 Minute Historic quadrangles: USDA Natural Resources Conservation Service Soil Survey;Bettie County Sheets 1:2 and 17 National wetlands inventory maps: State/Local wetland inventory maps: FEMA/FIRM maps(Map Name&Date): 100-year Floodplain Elevation is; (NGVD) Aerial Photographs(Name&Date); Other photographs(Date): Advanced Identification Wetland maps: Site visit/detennination conducted on:03/10/208 Applicable/supporting case law: Other information(please specify): 'Wetlands are identified and delineated rising the methods and criteria established in the Corps Wetland Delineation Manual(87 Manual)(i.e.,occurrence of hydrophytic vegetation,hydrie soils and wetland hydrology). "llre term"adjacent"means bordering,contiguous,or neighboring. Wetlands separated from other waters of the U.S.by man-trade dikes or barriers,natural river berms,beach dunes,and the like are also adjacent. MAY 4 2olo Applicant: William C. Stillwagon File Number: 200511140 Dater 06/21/2005 Attached is: See Section below INITIAL PROFFERED PERMIT(Standard Permit or Letter of A ermission PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL, C APPROVED TURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E A: INITIAL PROTFERED PERMIT: You may accept or object to the permit, • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit(Standard or LOP) because of certain terms and conditions therein,you may request that the permit be modified accordingly. You must complete Section H of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)modify the permit to address all of your concerns, (b)modify the permit to address some of your objections, or(c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections,the district engineerwill send you a proffered permit for your reconsideration,as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT; If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain tern-is and conditions therein,you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section H of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Adininistrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This forin must be received by the division engineer within 60 days of the date of this notice. '- RECEIVED MAY 4 2010 D: APPROVED JURISDICTIONAL DETERMINATION: You may acceptor appeal the approve or provide new information. • ACCEPT: You do not need to notify the Corps to accept.an approved JD. Failure to notify the Corps within 60.days of the date of this notice, means that you accept tine approved JD in its entirety,and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD,you may appeal the approved JI)under the Corps of Engineers Administrative Appeal Process by completing Section lI of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preli nina y JD. The Preliminary JD is not appealable. If you wish, you mayrequest an approved JD(which may be appealed),by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATIOM The appeal is limited to a review of the administrative record,the Corps meniorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record; However, you may provide additional information to clarify the location of infornation that is already in the administrative record,. If you have questions regarding thus decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Tracey L. Wheeler Mr.Michael F.Belt,Administrative Appeal Review Officer US Army Corps of Engineers CESAD-ET-CO-R: Post Office Box 1000 U.S. Anny Corps of Engineers, South Atlantic Division Washington,North Carolina 27889 60 Forsyth Street,Room 9M15 252)975-1616 ex 24 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants,to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation,and will have the opportunity to participate in all site investigations. Date: Telephone number.- Signature of appellant or agent. DIVISION ENGINEER: Commander U,S.Army Engineer Division, South Atlantic 60 Forsyth Street,Room 9M15 Atlanta, Georgia 30303-3490 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington,North Carolina 28402-1890 General Permit No. 198000291 Name of Permittee: General Public Effective Date: January01, 2005 Expiration Date: December 31,2010 DEPARTMENT OF THE ARMY GENERAL PERMIT A general permit to do work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers Post Office Box 1890 Wilmington,North Carolina 28402-1890 TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY CERTIFICATION,THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER REGIONAL GENERAL PERMIT. 1. Operating_Procedures: a. Applications for joint state and federal authorization under this programmatic general permit will be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of a complete application by the NCDCM will initiate the State's field review that will include a site visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will forward a copy of the complete application, its Field Investigation Report and its Bio-Report, to the appropriate Corps of Engineers field office, thereby initiating federal review of the project. The Corps,upon receipt of an application, will immediately assign an action identification number, acknowledge receipt thereof, and examine f the application to assure that it can be processed pursuant to this programmatic general permit. The applicant and the NCDCM will be furnished written notification of the Corps' determination. Notification to the applicant will include a brief description of the administrative process. b. For those proposals that may result in a discharge into waters of the United States, including wetlands,the North Carolina Division of Water Quality (NCDWQ) and the applicant will be informed regarding the applicant's need to obtain a Water Quality Certification in accordance with section 401 of the Clean Water Act. c. If, at any time, the Corps determines that a proposed activity is eligible for authorization under another regional general permit (RGP) or a nationwide permit (NWP), this procedure may be terminated and the activity authorized pursuant to the terms and conditions of the appropriate RGP or NWP. d. The permit review process conducted by the NCDCM is a public process involving publication of public notices in local newspapers,public hearings, and various public appeal procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed necessary for compliance with appropriate laws, regulation and guidance. e. This general permit does not, in anyway, alter established procedures or responsibilities, as required by federal laws,memoranda of agreements (MOA's) or administrative regulations, with respect to the Corps' coordination with appropriate review agencies. The applicant will continue to have the opportunity to rebut any objections to a proposal. f. The Corps will provide copies of the application and plans, the NCDCM's Field Investigation Report, and the state Bio-Report,to the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service(NMFS) the U.S. Environmental Protection Agency (EPA), and any other federal agency that the Corps determines to be a necessary review agency (collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies' review. The Federal Agencies will be allowed sufficient time, normally thirty(30) days, to provide the Corps with their comments and recommendations, including any proposed permit special conditions and recommendations of denial. The Corps may grant extensions of time for Federal Agency review if justified by unusual circumstances. If an extension is granted that would substantially delay an NCDCM decision, the application may be removed from this general permit process. g. The Corps will receive and review all Federal Agency comments as well as any applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will prepare a coordinated federal position incorporating all Federal Agency comments, including proposed permit special conditions and any recommendations for denial. The Corps will typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of the complete application, and copies of the Field Investigation Report and Bio-Report. h. If the Corps does not concur with a Federal Agency's comments or recommendations, the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to resolve the issue may include initiating the referral procedures outlined by current memoranda of agreement(MOA's) between the Department of the Army and the agency. No coordinated federal position will be furnished to the NCDCM until and unless the Corps receives written agreement from the Federal Agency that all issues have been resolved to the satisfaction of that agency. i. If any of the recommendations and/or conditions included in the coordinated federal position are unacceptable to the NCDCM,the NCDCM will contact the Corps within ten (10) days of receipt of the coordinated federal position and attempt to resolve the conflict. If resolution of the conflict involves changes to the conditions or recommendations provided by the Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit will be issued and the authority of this general permit will apply. j. If a Federal Agency conflict is not resolved within the time necessary for a decision by the NCDCM, the NCDCM may proceed, independently, to conclude the state action without inclusion of the federal position. In such case,the applicant and the NCDCM will be notified immediately, in writing, that the state permit does not satisfy the federal permit requirements and that the proposal in question may not proceed without federal authorization. k. If the coordinated federal position is not in conflict with state agencies' positions, law, regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of the final permit to the applicant and the Corps. The NCDWQ will furnish a copy of the Section 401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not confirm the authorization of a proposed project under this General Permit until the issuance of the NCDCM permit and, if required,the Section 401 Water Quality Certification. 1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the applicant will be informed that federal authorization is denied without prejudice. m. No work may proceed under this general permit until the District Engineer or his representative provides written verification that the procedures and conditions of the general permit have been satisfied. n. The NCDCM and the Corps will monitor all permitted work and periodically inspect projects for compliance with permit conditions and applicable state and federal regulations. If any violation of the NCDCM permit is discovered which would also constitute a violation of the federal position, both the NCDCM and the Corps, in accordance with their respective regulations and policies, may take enforcement action. o. This general permit will not be used to authorize an activity when the District --vro �----••• ----•••• -���•••�••��w�.vuuu i—VO L.iusoijILI l.G1/LVGZil%OGV JCLLIL�'5... RECEIVED AGENT AUTHORIZATION MAY 42010 RE: Scotch Hall Preserve Marina ' oftQd CI1 DC. Merry Hill,Bade County,North Carolina As a representative of Pool Corporation,I authorize Quihle&Associates,P.C,to act as agent for the purpose of environmental permitting,including CAMA,DWO,and USACE Permits associated proposed marina. Name: C�' V I)m1wC1�u Date U 0 rf 1 3/23/2010 9:48 AM DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Rial Corporation ( Scotch Hall Preserve Marina) County: Bertie LOCATION OF PROJECT: 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. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 28 April 2010 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES RECEIVED CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES MAY 4 2010 FIELD REPRESENTATIVE: Kelly Spivey DISTRICT OFFICE: Washington DISTRICT MANAGER REVIEW: Morehead City DCM B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400.00 (60/40%) PUBLIC NOTICE REC'D: END OF NOTICE DATE: ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNtD O: vu o ON: C 75 DAY DEADLINE:""/ " I 0 DAY DEADLINE: S MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE OBJECTION NOTES COMMENTS S: RETURNED YES NO Coastal Management-Regional Representative Coastal Management-LUP Consistency tia 14 Division of Community Assistance Land Quality Sectiond&51 / Division of Water Quality —1N Storm Water Management(DWQ) J - 30 State Property Office Division of Archives&History �Z g Division of Environmental Health 'l Division of Highways I v Wildlife Resources Commission Local Permit Office Division of Marine Fisheries Corps of Engineers tiI ILI C IjIS TRIP i,`TIO `i STrJEET DC-i'd Field Offic-'s Elizabeth City (w;ti r,vise wo(kpla_, dra,,-Vi r gs) Niore'nead City Washington Wilmington US ACOF Offices: Washington: Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Dave Timpy Cultural Resources: Renee Gledhill-Early ✓ Public Water Supply: Debra Benoy(WIRO) Joey White (WARD) Marine Fisheries: Annie Deaton NC DOT: Ken Pace vl�' Shellfish Sanitation: Patti Fowler✓ State Property: June Michaux ✓ Water Quality: Cyndi Karoly(Raleigh) ✓ John Hennessy(NC DOT) Washington: Vivian Christ Al Hodge Kyle Barnes Wilmington: Joanne Steenhuis Wildlife Resources: Maria Dunn (WARD) ✓ Molly Ellwood (WIRO) LPO: Fax Distribution: Permitee#: ° Agent#: ° NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary November 30, 2010 Mr. Mike Collins Rial Corporation PO Box 2444 Greenville, SC 29602 Dear Mr. Collins: This letter is in response to your application request under the Coastal Area Management Act (CAMA) to carry out development activities in Bertie County. Processing of the permit application was placed on hold by the Morehead City office on 8/19/10 pending further information requested by the Division of Water Quality (DWQ). On 11/29/10 we received confirmation from DWQ that the requested information was received and that the project received a stormwater certification (SW7101006 on 11/23/10). Therefore, by way of this letter we are informing you that your application is no longer on Division of Coastal Management hold and processing of the application will continue which will make the 150 day deadline January 5, 2011 however, we expect to take action prior to that time and will do so as soon as possible. If you have any questions concerning these matters, please feel free to contact me by telephone (252- 808-2808 ext. 211), fax (252-247-3330) or e-mail (daniel.govoni@ncdenr.gov). rSi erel aniel M. voni Assistant Major Permits Coordinator CC: Brian Rubino Quible and Assoc. PO Drawer 870 Kitty Hawk, NC 27949 400 Commerce Ave.,Morehead City,NC 28557 One Phone:252.808.28081 FAX:252.247-3330 Internet:www.nccoastaimanagement.net No Carolina An Equal Opportunity 1 Affirmative Action Employer MM1911Y NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary November 23, 2010 Mr. Mike Collins, Managing Partner Rial Corporation PO Box 2444 Greenville, SC 29602 Subject: Permit No. SW7101006 Scotch Hall Preserve Marina Low Density Stormwater Project Dear Mr. Collins: Bertie County The Washington Regional Office received a complete Stormwater Management Permit Application for Scotch Hall Preserve Marina on October 22, 2010. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Session Law 2008-211 and Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7101006 dated November 23, 2010, for the construction of the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611- 7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either Samir Dumpor or me at (252) 946-6481. i ce y, AT o I \� Regional Supervisor Surface Water Protection Section AH/sd: K:\SD\PERMITS— Low Density\SW7101006 cc: I-kndy Deel, PE, Quible & Associates, P.C. Bertie County Inspections Washington Regional Office North Carolina Division of Water Quality Internet:www.ncwaterquality.org One 943 Washington Square Mail Phone 252-946-6481 1 FAX:252-946-9215 NoirthCarohna Washington,NC 27889 FAX: 252-946-9215 /�/atural/�, (/ Y L l�i ;/ OWW JW111MCIICI IVIdI1cl�JullIC11l oyatu a Permit Number SW7101006 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143 General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Rial Corporation Scotch Hall Preserve Marina FOR THE construction, operation and maintenance of a low density development in compliance with the provisions of Session Law 2008-211 and 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS 1. This permit covers the construction of total of 106,428 square feet of built-upon area. 2. The overall tract built-upon area percentage for the project must be maintained at 24%, as required by Session Law 2008-211 and Section 2H .1005 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit and shall be kept on file by the permittee at all times. 4. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division. 5. No piping is allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road or to provide access. 6. The built-upon areas associated with this project shall be located at least 50 feet landward of all perennial and intermittent streams or other surface waters. 7. Roof drains must terminate at least 50 foot from the Mean High Water line. 11. SCHEDULE OF COMPLIANCE 1. The permittee is responsible for verifying that the proposed built-upon area does not exceed the allowable built-upon area. Page 2 of 5 Permit Number SW7101006 2. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 3. This project may not be sold or subdivided in whole or in part without first receiving a permit modification from the Division. 4. Prior to the subdivision and/or sale of this project, in whole or in part, the following deed restrictions must be recorded with the Office of the Register of Deeds: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7101006, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. This project is permitted for a maximum of 106,428 square feet of built- upon area. Construction of additional built-upon area in excess of this amount will require a permit modification. g. This project may not be sold or subdivided, in whole or in part, without first receiving a permit modification from the Division. h. Construction of additional impervious areas such that low-density requirements are no longer met will require a permit modification prior to construction. An engineered system will be required to collect and treat the runoff from all built-upon area associated with the project, including that area permitted under the low density option. i. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with this development, except for average driveway crossings, is strictly prohibited by any persons. j. The built-upon areas shall be located a minimum of 50 feet landward of all perennial and intermittent surface waters. 5. A copy of the recorded restrictions must be received in this Office within 30 days of the date of sale. 6. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the permitted development, except for average driveway crossings, is strictly prohibited by any persons. 7. Projects within DCM's Area of Environmental Concern (AEC) are subject to a reduction of the permitted amount of built-upon area due to CAMA jurisdiction within the AEC. The most restrictive of the two numbers shall be considered the maximum BUA. 8. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any Page 3 of 5 State Stormwater Management Systems Permit Number SW7101006 modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area. e. Further subdivision, acquisition, or sale of the project area in whole or in part. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan. 9 Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built-upon surface. 10 During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 11 The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b Sediment removal. C. Mowin.9, and re-vegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 12. Within 30 days of completion of the project, the permittee shall certify in writing that the project has been constructed in accordance with the approved plans. 13. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. III. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and re-issuance of the permit to change the name and incorporate such other requirements as may be necessary. In the event of a name or ownership change, a completed Name/Ownership Change form, signed by both parties, must be submitted to the Division of Water Quality accompanied by the supporting documentation as listed on page 2 of the form. The approval of this request will be considered on its merits, and may or may not be approved. 2. The permittee is responsible for compliance with all permit conditions until the Director approves a transfer of ownership. Neither the sale of the project nor the transfer of common areas to a third party, such as a homeowner's association, constitutes an approved transfer of the stormwater permit. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. Page 4 of 5 v MV VV.111 •uVl IIi�11iJyrlllrl ll V�J�GIIIJ Permit Number SW7101006 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Session Law 2008- 211 and Title 15A NCAC 21-1.1000 of the North Carolina Administrative Code, Subchapter 21-1.1000; and North Carolina General Statute 143-215.1 et. al. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by the Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants permission to DENR Staff to enter the property during normal business hours, for the purpose of inspecting all components of the stormwater management facility. 7. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re-issuance, or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state and federal), which have jurisdiction. 11. The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes. Permit issued this the 23th day of November, 2010 761�een TH AIR,OLINA ENVIRONMENTAL MANAGEMENT COMMISSION - ------------------------------- for H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. SW7101006 Page 5 of 5 y A. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS Washington Regulatory Field Office Post Office Box 1000 ' Washington,North Carolina 27889-1000 IN REPLY REFER TO August 27, 2010 Regulatory Division Action ID No. SAW-2010-00731 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Rial Corporation Attention: Mr.Mike Collins to construct a 107-slip open water marina at the 1,000 acre tract of land formally known as Innsbrook located at the intersection of NCSR 1502 and NCSR 1511 adjacent to the Chowan River and Salmon Creek near Merry Hill in Bertie County,North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1.All work authorized by this permit must be performed in strict compliance with the attached plans,which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers(USACE)prior to implementation. 2.The permittee understands and agrees that, if future operations by the United States require the removal,relocation,or other alteration,of the structure or work herein authorized, or if,in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required,upon due notice from the U.S. Army Corps of Engineers,to remove, relocate, or alter the structural work or obstructions caused thereby,without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring,MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3.Except as specified in the plans attached to this permit,no excavation,fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project,in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4.Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project,within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5.The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management(NCDEM),25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project,and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include,but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally,the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I3A Article 4). 10. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S.Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 11. In order to reduce impacts to essential fish habitat,will be reduced to 6 feet in width. 12. All boat slips located partially or completely landward of-4.0 feet NWL shall be eliminated from the project plans,including: Pier 1 —Slips 1,2,27,28,and 29 Pier 2—Slips 30,31, 32, 82, 83,and 84 Pier 3 —Slips 87, 86, 85, 105, 106,and 107 13. All walkways and finger piers shall be constructed at an elevation of at least+4.0 feet NWL and constructed with grated decking(preferred)or with a spacing of 0.5 inches between deck boards. The width of the 300 foot long shore-parallel elevated walkway to the walkways also shall be reduced to 6 feet. 14. No in-water work shall occur from February 15 to September 30. Questions or comments may be addressed to Ms. Tracey Wheeler, Washington Field Office, Regulatory Division,telephone(910)251-4627. Sincerely, Traceyy Wheeler Regulatory Project Manager Copies Furnished: Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 2321 Crabtree Blvd., Suite 250 Raleigh,North Carolina 27604 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh,North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort,North Carolina 28516 Ms. Jennifer Derby, Chief Wetlands Section—Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta,Georgia 30303 Ms. Becky Fox U.S. Environmental Protection Agency 1307 Firefly Road Whittier,North Carolina 28789 David Moye,District Manager Washington Field Office North Carolina Division of Coastal Management r �11 fiV; NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary August 19,2010 Mr. Mike Collins Rial Corporation PO Box 2444 Greenville, SC 29602 Dear Sir: This letter is in response to your application request under the Coastal Area Management Act(CAMA)to cant'out development activities in Bertie County. Processing of the permit application, which was received by the Division of Coastal Management's Morehead City office on 4/28/10, is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. This item is summarized below: 1) It is the policy of this Division that,prior to taking final action on a project of this nature,a stormwater management plan for the proposed development must be approved by the Division of Water Quality. It is our understanding that this approval has not yet been received for this project. Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as a stormwater management plan for the proposed project is issued by the Division of Water Quality, and a copy of the approval supplied to this office. You will be given five working days from date of mailing. If you can provide to this office a copy of a stormwater management permit within the required time,DCM staff will continue processing of the application and the processing clock will not be suspended. If the required information is not provided to this office within the specified timeframe,processing of the application will be suspended until such time as the requested information is provided. If you have any questions concerning these matters,please feel free to contact me by telephone at(252) 808-2808,or by email me at daniel.govoni@ncdenr.gov. S' rel aniel M. o Asst.Major Permits Coordinator CC: Kelly Spivey-DCM-Washington Quible and Associates,P.C. PO Drawer 870,Kitty Hawk,NC 27949 400 Commerce Ave.,Morehead City,NC 28557 None Carolina Phone:252-808-28081 FAX:252-247-3330 Internet:www.necoastalmanagement.net /y� r An Equal Opportunity 1 Affirmative Action Employer at ially NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary July 26, 2010 Rial Corporation c/o Mike Collins PO Box 2444 Greenville SC 29602 Dear Mr. Collins: This letter is with reference to your application for a Coastal Area Management Act Major Development to undertake development activities on your property in Bertie County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A- 122(c) which would make September 25, 2010, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808) or e-mail (doug.huggett@ncdenr.gov). Very sincerely, Doug Huggett Major Permits and Consistency Coordinator cc: District Office 400 Commerce Ave.,Morehead City;NC 28557-3421 One Phone:252-808-28081 FAX:252-247-3330 Internet:www nccoastalmanagement.net NorthCarolina An Equal Opportunely t Affirriative Action Employer I/ will"ally _ !r NCB NR RECEIVED North Carolina Department of Environment and Natural Resources JUL 14 2010 Division of Water Quality i 1Moreh �d City DCM Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 6, 2010 DWQ Project# 05-1871 Ver.2 Bertie County Rial Corporation Mr.Mike Collins Post Office Box 2444 Greenville, SC 29602 Subject Property: Scotch Hall Preserve Marina Salmon Creek, Albemarle Sound,Chowan River Basin Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Collins: You have our approval, in accordance with the attached conditions and those listed below to impact 0.39 acres of open waters by shading and 660 square feet of bottom impact from fill for the purpose of constructing 4 piers for a 92-slip marina and boat ramp at the subject property,as described within your application dated April 5,2010 and received by the N.C. Division of Water Quality(DWQ)on May 4,2010. The application was placed on Hold,June 16,2010, for additional information. The requested information was received in this Office on July 2, 2010. Changes were made to the original marina and the number of slips reduced from 107-slips to 92- slips. After reviewing your application and additional response comments,we have decided that the impacts are covered by General Water Quality Certification Number(s)3641 (GC3641). In addition,you should obtain or otherwise comply with any other required federal,state or local permits before you go ahead with your project including(but not limited to)Erosion and Sediment Control,Non-discharge regulations. 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 2H.0506(h). This approval requires you to follow the conditions listed in the attached certification and any additional-conditions listed below. North Carolina Division of Water Quality Internet: www.ncwatergualitv.org 943 Washington Square Mall Phone: 252-946-6481 One Washington,NC 27889 FAX 252-946-9215 NorthCarohna An Equal OppoqunitylAfnnative Action Employer—50%Recycled110%Post Consumer Paper )Vatmally Page 2 of 4 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 Units Plan Location or Reference Stream feet 404/CAMA Wetlands acres Waters 0.39 acres shading Plan Sheet 1 of 1 Waters 1 660 (square ft. fill I Plan Sheet Iof 1 2. Erosion& Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed,operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal,or exceed,the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites,borrow sites, and waste pile(spoil)projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites,the erosion and sediment control measures must be designed, installed,operated,and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),Trout(Tr), SA,WS-I, WS-II,High Quality(HQW),or Outstanding Resource(ORW)waters,then the sediment and erosion control requirements contained within Design Standards in Sensitive Watersheds(15A NCAC 04B .0124) supersede all other sediment and erosion control requirements. 3. No Waste, Spoil, Solids,or Fill of Any Kind No waste, spoil,solids,or fill of any kind shall occur in wetlands,waters,or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification and authorized by this written approval, including incidental impacts. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. Page 3 of 4 4. No Sediment&Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval by DWQ. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,adjacent to or upstream and down stream of the above structures. All devices shall be removed and the natural grade restored within two(2)months of the date that the Division of Land Resources has released the project. 5. If concrete is used during the construction,then a dry work area should be maintained to prevent direct contact prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life/fish kills. 6. Work in the Dry All work in or adjacent to stream waters shall be conducted in a dry work area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual,or the NC DOT Construction and Maintenance Activities Manual, such as sandbags,rock berms,cofferdams,and other diversion structures shall be used to minimize excavation in flowing water. 7. 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. 8. Work Moratorium The permittee will need to adhere to all appropriate in-water work moratoriums(including the use of pile driving or vibration techniques)prescribed by the NC Wildlife Resources Commission,the US Fish and Wildlife Service,and National Marine Fisheries Service. No in-water work is permitted between February 15`and September 30_of any year, without prior approval from the NC Division of Water Quality and the NC Wildlife Resources Commission. 9. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards(including any requirements resulting from compliance with §303(d)of the Clean Water Act),and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use,or that State or Federal law is being violated,or that further conditions are necessary to assure compliance,then the Division may reevaluate and modify this General Water Quality Certification. Page 4 of 4 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 wetland or stream 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 15A NCAC 02H. .0500. If you have any questions,please telephone Roberto Scheller of the Washington Regional Office at 252-948-3940 or Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631. incerely For Coleen H."Sullins Enclosures: Certificate of Completion GC 3641 cc: Brian Rubino, Quible&Associates,P.C. Tracey Wheeler, Corps of Engineers Washington Field Office DWQ 401 Oversight/Express Unit CAMA,Doug Hugget,Morehead Office CAMA,Kelly Spivey, WaRO DLR, W aRO File copy Filename: 05-1871 Ver.2 dog=� RECENE® NCDENR di1N 3 0 2010 North Carolina Department of Environment and Natural Resources Division of Water Quality Muienead City Ocio Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 16,2010 DWQ Project# 05-1871 Ver.2 Bertie County CERTIFIED MAIL: RETURN RECEIPT REOUESTED Cert. # 7010 0290 0001 5628 1480 Rial Corporation Mr.Mike Collins Post Office Box 2444 Greenville, SC 29602 Subject Property: Scotch Hall Preserve Marina Salmon Creek,Albemarle Sound, Chowan River Basin REQUEST FOR ADDITIONAL INFORMATION Dear Mr. Collins: On May 4, 2010,the Division of Water Quality(DWQ)received your CAMA Major Permit dated April 5,2010 regarding your request to construct a 107 boat-slip marina on Salmon Creek. The DWQ has determined that your application is incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetland, streams and/or buffers on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and 2B .0233(8) and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Avoidance and Minimization It is necessary to demonstrate avoidance and minimization of impacts to shallow water habitat and Submerged Aquatic Vegetation(SAV) on the proposed project. North Carolina Division of Water Quality Internet: www.ncwatergualiiy.org 943 Washington Square Mall Phone: 252-946-6481 �TOne Washington,NC 27889 FAX 252-946-9215 NoirthCarofina An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper Awmally • SAV beds should be shown on plan sheets and shallow water boat slips should not impact SAV beds. • The boardwalk that connects Pier#3 with boat ramp appears to be excessive impacts to SAV habitat and should be moved to high ground. Please respond in writing to the DWQ within 30 days of receipt of this letter with the requested information. If we do not hear from you within 30 days, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Roberto Scheller of the Washington Regional Office at 252-948-3940 or Ian McMillan of the DWQ Central Office at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, For Al Hodge cc: Brian Rubino, Quible & Associates, P.C. 401Oversight/Express Permitting Unit USACE Washington Regulatory Field Office Doug Hogget, CAMA, Morehead City Kelly Russell, CAMA, Morehead City File Copy Filename: 10-0304 DEPARTMENT OF THE ARMY ,� WILMINGTON DISTRICT,CORPS OF ENGINEERS Washington Regulatory Field Office Post Office Box 1000 IN REPLY REFER TO Washington,North Carolina 27889-1000 RECEIVED June 14, 2010 JUN 16 2010, Regulatory Division Morehead City DCM Action ID. SAW-2010-00731 Rial Corporation Attention: Mr. Mike Collins Post Office Box 2444 Greenville, South Carolina 29602 Dear Mr. Collins: On May 3,2010,we received your application for Department of the Army(DA) authorization to construct a 107-slip open water marina and boat ramp at the 1,000 acre tract of land formally known as Innsbrook located at the intersection of NCSR 1502 and NCSR 1511 adjacent to the Chowan River and Salmon Creek near Merry Hill in Bertie County,North Carolina. During the Public Notice period,this office received a letter from the National Marine Fisheries Service expressing concerns about the proposed project. A copy of their correspondence is attached. These comments are concerning anticipated adverse impacts to designated essential fish habitat. Our administrative process provides you the opportunity to propose a resolution and/or rebut any and all objections before a final decision is made. In this regard,I would appreciate being made aware of your intentions,in writing, on or before July 14,2010. Thank you for your time and cooperation. Please feel free to contact me at(910)251-4627, if you have any further questions concerning the processing your application and coordinating with the review agencies. Sincerely, Tracey L. Wheeler Regulatory Project Manager Enclosures Copies Furnished(without enclosures): Mr. Brian Rubino Quible and Associates Post Office Drawer 870 Kitty Hawk,North Carolina 27949 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section United States Environmental Protection Agency 61 Forsyth Street, SW Atlanta, GA 30303 Mr. Pete Benjamin United States Fish and Wildlife Service Post Office Box 33726 Raleigh,North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Division 101 Pivers Island Road Beaufort,North Carolina 28516 Mrs. Cyndi Karoly Division of Water Quality 1650 Mail Service Center Raleigh,North Carolina 27699-1650 Mr. Doug Huggett Division of Coastal Management 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Mr. Ted Tyndall Division of Coastal Management 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Mr. Roberto Scheller Division of Water Quality 943 Washington Square Mall Washington,North Carolina 27889 Ms. Maria Dunn North Carolina Wildlife Resources Commission 943 Washington Square Mall Washington,North Carolina 27889 fOT OFe" bQpOS l ! ��`'► UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE fires of�`'� Southeast Regional Office 263 13t'Avenue South St.Petersburg,Florida 33701-5505 (727)824-5317;FAX(727)824-5300 http://sero.nmfs.noaa.gov/ June 11,2010 F/SER4: RS/pw (Sent via electronic mail) Colonel Jefferson Ryscavage,District Engineer US Army Corps of Engineers P.O.Box 1890 Wilmington,North Carolina 28402-1890 Attention:Tracey Wheeler Dear Colonel Ryscavage: NOAA's National Marine Fisheries Service(NMFS)reviewed Action ID No. SAW-2010-00731 dated May 4,2010. Rial Corporation proposes to construct piers and docks for a new openwater marina in Salmon Creek near the confluence of the Chowan River and Albemarle Sound near Merry Hill in Bertie County,North Carolina. According to the application,the marina would be an amenity for the Scotch Hill Preserve Subdivision located on approximately 1,000 acres of land adjacent to the site of the proposed marina;the subdivision includes 399 residential lots and a golf course. The Wilmington District does not make a determination in the public notice as to whether the project would adversely impact essential fish habitat(EFH)or associated fisheries. As the nation's federal trustee for the conservation and management of marine,estuarine,and diadromous fishery resources,the following comments and recommendations are provided pursuant to the authorities of the Fish and Wildlife Coordination Act and the Magnuson-Stevens Fisheries Conservation and Management Act(Magnuson-Stevens Act). Project Description The proposed marina would consist of three main piers extending into Salmon Creek. Pier I would be 342 feet long by 8 feet wide with a T-head platform at the terminal end(118 feet by 8 feet). Pier I would include 29 boat slips along four sets of finger piers,four 25 feet long by 3 feet wide,three 30 feet long by 3 feet wide,one 18 feet long by 3 feet wide,and five 13 feet long by 3 feet wide. Pier II would be 535 feet long by 8 feet wide and include a T-head platform at the terminal end(94 feet long by 8 feet wide). Pier II would include 55 boat slips along three sets of finger piers,three 25 feet long by 3 feet wide, eleven 18 by 3 feet wide,and ten 13 feet long by 3 feet wide finger piers. Pier III would be 240 feet long and 8 feet wide with a T-head platform(60 feet by 8 feet). Pier III would include 23 boat slips along ten finger piers 13 feet long by 3 feet wide. A total of 107 slips are proposed. A mobile marine sewage pumpout facility and fuel pumps would be located at the terminal end of Pier III. The water depth at the at the ends of Piers I,II,and III are-6.5,-5.5,and-5.0 feet NWL,respectively. All three main piers would connect to an 8-foot wide access walkway along the shoreline. The walkway would extend downstream for a distance of 300 feet to a proposed boat ramp. The applicant believes a width of 8 feet is needed for the for the main pier and walkway in order to provide safe access for boat owners carrying equipment and supplies. The boat ramp would be 20 feet wide by 33 feet long and s � ��MEM aF C include a pier 36 feet long by 6 feet wide adjacent to the ramp. No dredging would be required to construct the boat ramp,however,a trench would be excavated at the landward end to install the pre- constructed concrete ramp. Impacts to Essential Fish Habitat A survey for submerged aquatic vegetation(SAV)was conducted for the applicant by Quible& Associates during May 2009. Four species of SAV occur within the footprint of the marina', Ceratophyllum demersum(coontail),Najas guadalupensis(southern niad),Ruppia maritime(widgeon grass),and Vallisneria americana(wild celery). Chars spp.,an algae,was also found. Chars spp. is not a vascular plant,but it provides the same habitat functions as SAV since estuarine species congregate in these beds. In addition,Myriophyllum spicatum(Eurasian water milfoil)was seen near the site of the proposed marina,but outside the detailed survey area. Due to the existing water depth in Salmon Creek,which ranges from-1.75 feet to-6.0 feet NWL, dredging is not proposed at the site of the proposed marina. However,NUTS is concerned that construction of the piers and docks in areas shoreward of-4.0 feet NWL would result in shading impacts to 0.40 acres of SAV habitat. Also,when the marina is full,the boats would result in an additional 0.41 acres of SAV impacted by shading. SAV is an important component of the ecosystem within Albemarle Sound and connected water bodies (e.g.,Chowan River and Salmon Creek)because it provides EFH for early life stages of black sea bass, gag grouper and Spanish mackerel,which are species managed by the South Atlantic Fishery Management Council(SAFMC). SAV in the project area also provide EFH for juvenile and adult bluefish and summer flounder,which are managed by Mid-Atlantic Fishery Management Council (MAFMC). In addition,both the Chowan River and Albemarle Sound provide EFH for all life stages of red drum and diadromous fishes which are managed by the Atlantic States Marine Fisheries Commission (ASMFC). Detailed information on the EFH requirements of fishery species managed by SAFMC is provided in a comprehensive amendment to the fishery management plans,details about the EFH requirements of species managed by the MAFMC are included in separate amendments to individual fishery management plans. The species listed above use nearshore shallow-water habitats to avoid predators and,because SAV is structurally complex,it is especially valuable as a refuge for young fishes and invertebrates. SAV also traps suspended sediments,reduces turbidity,and generates dissolved oxygen all of which are important for water quality maintenance. SAV is an important source of primary production in the estuarine food web of Salmon Creek and Albemarle Sound. Shallow-water bottoms also provide habitat for benthic invertebrates that serve as prey for juvenile and adult fishes. Other species of commercial,recreational, or ecological importance found in the project area that would be indirectly impacted by this project may include blue crab,Atlantic menhaden,and white perch. Several of these species serve as prey for fish (e.g.,king mackerel, Spanish mackerel,and cobia)that are managed by the SAFMC or for highly migratory fish(e.g.,billfishes and sharks)that are managed by NMFS. Based on our review of the information provided in the public notice and the report provided by Quible& Associates,NMFS concludes that the proposed work would adversely affect EFH and associated species. We estimate that this project would adversely impact by shading 0.81 acres of SAV habitat by locally reducing the amount of this habitat and by contributing to the cumulative loss of this habitat in the Sound. I While it is customary in North Carolina to refer to these species as SAV,it should be noted that SAFMC refers to these species as submersed rooted vegetation in EFH designations and supporting materials,specifically section 3.2.1.3 of the Habitat Plan. We will refer to these species as SAV in this letter. -2 - EFH Conservation Recommendations Section 305(b)(4)(A)of the Magnuson-Stevens Act requires NMFS to provide EFH conservation recommendations when an activity is expected to adversely impact EFH. Based on this requirement, NMFS provides the following: EFH Conservation Recommendations (1) All boat slips located partially or completely landward of-4.0 feet NWL shall be eliminated from the project plans,including: • Pier 1 —Slips 1,2,27,28,and 29 • Pier 2—Slips 30,31,32,82,83,and 84 • Pier 3—Slips 87, 86, 85, 105, 106,and 107 (2) All walkways and finger piers shall be constructed at an elevation of at least+4.0 feet NWL and constructed with grated decking(preferred)or with a spacing of 0.5 inches between deck boards. The width to the walkways also shall be reduced to 6 feet. (3) No in-water work shall occur from February 15 to September 30. These recommendations reduce the number of slips in shallow water by 17 but would allow construction of the remaining 90 boat slips where shading impacts would be less significant if the best recommended design practices are followed. If these design changes are not practicable for reducing impacts to SAV, compensatory mitigation would be necessary. Section 305(b)(4)(B)of the Magnuson-Stevens Act and its implementing regulations at 50 CFR 600.920(k),requires your office to provide a written response to our EFH recommendations within 30 days of receipt. If it is not possible to provide a substantive response within 30 days, in accordance with our"findings'with your Regulatory Functions Branch,an interim response should be provided to NMFS. A detail response must then be provided prior to final approval of the action.Your detail response must include a description of measures proposed by your agency to avoid,mitigate,or offset the adverse impacts of the activity.If your response is inconsistent with our EFH conservation recommendations, your must provide a substantive discussion justifying the reasons for not following the recommendation. The detail response should be received by the NMFS at least ten days prior to final approval of the action. Thank you for the opportunity to provide these comments.Related questions or comments should be directed to the attention of Mr.Ronald Sechler at our Beaufort Field Office, 101 Pivers Island Road, Beaufort,North Carolina 28516-9722,or at(252)728-5090. Sincerely, /for Miles M. Croom Assistant Regional Administrator Habitat Conservation Division cc: COE,Tracey.L.Wheeler@usace.army.mil USFWS,Howard_Hall@fws.gov NCDCM,Doug.Huggett@ncmail.net EPA,Fox.Rebecca@epa.gov SAFMC,Roger.Pugliese@safinc,net F/SER4,David.Dale@noaa.gov F/SER47,Ron.Sechler@noaa.gov 4^ -3 - NCDENR North Carolina Department of Environment and Natural Resources �jqy �FCF/LF� Division of Coastal Management ,,, 2� Beverly Eaves Perdue James H. Gregson Dee Freemgn Zp�o Governor Director SecretAf L-, MEMORANDUM TO: Doug Huggett,Major Permit Coordinator FROM: Charlan Owe4 1CP, NE DCM District Planner SUBJECT: Major Permit Modification Request (CAMA Major Permit No. 176-05) by Rial Corporation to install a 107-slip marina consisting of three (3) 8 foot wide main piers totaling 1,389 linear feet, forty-nine (49) finger piers, and 422 tie pilings; connected by walkway to a 20 foot wide by 33 foot long boat ramp with a 6 foot wide by 36 foot long launch pier; and installation of amenities to include a 3,600 sq. ft. ship store/market, fueling for vehicles and boats, a 4,000 sq. ft. pool area, thirty-six (36) parking spaces, four (4) boat trailer parking spaces, and associated access infrastructure; at Salmon Creek, located at the end of SR 1502 (Avoca Farm Road), within the Scotch Hall Preserve subdivision (formerly Innsbrook subdivision), in Bertie County. Date: May 21, 2010 Consistency Determination: The request is consistent with/not in conflict with the Bertie County 1998 Land Use Plan certified by the CRC on September 8, 1999. Overview: The project area is within the Scotch Hall Preserve subdivision, which is located at the confluence of Salmon Creek with the Chowan River. In November of 2005, Express Major Permit 176-05 was issued for the subdivision. Permitted upland improvements included 399 single-family lots, a golf course with clubhouse, access roads, and parking areas. Permitted shoreline improvements included a retaining wall with riprap backfill and bulkhead. To date, three (3) single-family residences and one (1) duplex have been constructed, two (2) single- family residences are under construction, the golf course and associated amenities have been provided, the subdivision roads have been constructed, and the retaining wall and bulkhead have been installed. The project area is located in the northwest quadrant of the subdivision. Uplands within the project area are vegetated and undeveloped. The land elevation is 15 feet above Normal Water Level (NWL) approximately 30 feet landward of the creek. The water portion of the project area includes approximately 2,400 linear feet of natural shoreline along Salmon Creek and a natural cove of Salmon Creek, located just outside of the traditional navigation area. Water depths range from at NWL to -6.60 feet below NWL at the limits of the project area. 1367 US 17 South,Elizabeth City,NC 27909 Phone:252-264-3901 1 FAX:252-264-3723;Internet:www.nccoastalmanagement.net One NorthCarolina An Equal Opportunity 1 Affirmative Action Employer naturally North Carolina Department of Environment and Natural Resources MEMORANDUM Division of Coastal Management Page 2 of 4 Construction of a 107-slip marina connected by walkway to a 20 foot wide by 33 foot long boat *FCF� ramp with a 6 foot wide by 36 foot long launch pier and installation of amenities to include a 44), `Fp 3,600 sq. ft. ship store/market, fueling for vehicles and boats, a 4,000 sq. ft. pool area, thirty-, 26- six (36) parking spaces, four (4) boat trailer parking spaces, and associated access,'.�,, ZO/&* infrastructure are proposed. The marina will consist of three (3) 8 foot wide main piers (Pier I, II, and III) each with terminal platforms, finger piers, and tie pilings. Pier I will be 342 feet long with a 118 foot long by 8 foot wide 7-head" terminal platform. Pier I will have four (4) 25 foot by 3 foot, three (3) 30 foot by 3 foot, one (1) 18 foot by 3 foot, and five (5) 13 foot by 3 foot finger piers for the creation of twenty-nine (29) boat slips. Pier II will be 535 feet long with a 94 foot long by 8 foot wide 7-head" terminal platform. Pier II will have three (3) 25 foot by 3 foot, two (2) 30 foot by 3 foot, eleven (11) 18 foot by 3 foot, and ten (10) 13 foot by 3 foot finger piers for the creation of fifty-five (55) boat slips. Pier III will be 240 feet long with a 60 foot long by 8 foot wide "T-head" terminal platform. Pier III will have ten (10) 13 foot by 33 foot finger piers for the creation of twenty-three (23) boat slips. Pier III will also contain a mobile marine pump out and gasoline and diesel fuel pumps on the terminal platform. A total of 422 tie pilings will be installed. The piers will be connected to an 8 foot wide central access walkway located on high ground that extends downstream, meandering both above and below NWL for a distance of 300 feet to the boat ramp and launch pier. A trench will be excavated at the waterward end of the boat ramp to "key" the cement into the creek bottom. The pool and ship store will be located approximately 50 feet landward of NWL. The parking area will be located landward of the ship store and pool. Fuel will be stored in an Underground Storage Tank (UST) located immediately adjacent to the parking area. The waters of Salmon Creek are classified as C-NSW in this area and are closed to shellfishing. Salmon Creek is classified as inland fishing waters. An intensive cultural resources survey of the Innsbrook tract was conducted by Brockington and Associates, Inc. in March of 2007 as part of the previous Major Permit application. At present, there are no known archaeological sites within the footprint of the project area, however there are known archaeological sites in proximity to or on the Scotch Hall Preserve subdivision. Submerged Aquatic Vegetation (SAV) exists within Salmon Creek at the project area, as indicated in the previously submitted Environmental Assessment (EA) by Quible and Associates. Anticipated impacts: resulting from this project are expected to include: the filling of 660 sq. ft. of Non-Vegetated Wetland Creek Bottom/Public Trust Area of Environmental Concern (AEC); and the shading of 17,366 sq. ft of Non-Vegetated Wetland Creek Bottom/Public Trust AEC and 153,766 sq. ft. of High Ground/Coastal Shoreline AEC. The project will usurp approximately 4.5 acres of Public Trust Area within Salmon Creek. The footprint of the proposed marina will be located within SAV habitat. Basis for Determination: The Bertie County Future Land Use Map identifies the project area as "Limited Transition", "Rural", and "Conservation"; and Salmon Creek as "Conservation" per narrative on Page 94 that includes Public Trust Waters and Estuarine Waters in the classification. The following LUP policies may be applicable to this request: 1367 US 17 South,Elizabeth City,NC 27909 Phone:252-264-3901 1 FAX:252-264-3723;Internet:www,nccoastalmanagement.net One NofthCarolina An Equal Opportunity 1 Affirmative Action Employer ;Vaturallry North Carolina Department of Environment and Natural Resources MEMORANDUM Division of Coastal Management Page 3 of 4 RFcFltFo A. RESOURCE PROTECTION 2 2. Areas of Environmental Concern, M�reh�ac. 41 b. Public Trust Areas: Pages 61 and 62. "...Bertie County will continue to promote reasonable conservation management practices of Public Trust Waters. Appropriate uses include those which protect public rights for navigation and recreation. Projects which would directly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below mean high tide, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters shall be discouraged. Encouraged uses shall be those which do not cause unreasonable detriment to the physical or biological functions of Public Trust Waters. Such uses as navigational channels, drainage ditches, bulkheads to prevent erosion, piers, docks, marinas, and bridges will be encouraged." 4. Other Hazardous and Fragile Areas, b. Cultural and Historic Resources: Page 63. "...It will be a matter of policy to plan for and promote preservation of historic and cultural resources. ... 8 Marinas Floating Homes Moorings Mooring Fields and Dry Stacks Page 65. "The building of marinas and associated development can have a significant commercial and recreational potential for Bertie County. The County supports this development when it is built in compliance with CAMA regulations. A development review process will be implemented when the County Commissioners feel it is necessary." ... 1367 US 17 South,Elizabeth City,NC 27909 Phone:252-264-3901\FAX:252-264-3723;Internet:www.nccoastaimanagement.net One NorthCarofina An Equal Opportunity\Affirmative Action Employer Naturally North Carolina Department of Environment and Natural Resources MEMORANDUM Division of Coastal Management Page 4 of 4 B. RESOURCE PRODUCTION AND MANAGEMENT 4. Commercial and Recreational Fishing Pages 69 and 70. "The policy to protect the fishing industry will be to encourage land and water users to utilize the most effective methods available for assuring that water quality of all surface runoff and effluents are equal to or better than the quality of the receiving waters. This policy may be implemented by supporting the Bertie County Soil and Water Conservation District Long-Range Conservation program, and best fisheries management practices programs. Also, the County may develop regulations that will control runoff. In addition, support will be given to Local, State, and Federal agencies that control or regulate upriver runoff." ... "Additional support for the recreational fishing industry will come from encouraging the expansion of tourism and vacation development." C. ECONOMIC AND COMMUNITY DEVELOPMENT 4. Anticipated Residential Development and Services Needed Pages 72 and 73. "With the continued trends towards a decreasing population, the County has no policy on this issue. Residential development is taking place along the rivers in places like Black Rock. The County policy is to support this type of recreational/second home activity as long as it is consistent with CAMA regulations and good environmental practices as determined by the County Commissioners." 1367 US 17 South,Elizabeth City,NC 27909 Phone:252-264-3901 1 FAX:252-264-3723;Internet:www,nccoastalmanagement.net One NorthCarolina An Equal Opportunity 1 Affirmative Action Employer Natimally t � MAY 2 z NCDENR 2010 North Carolina Department of Environment and Natural Resources reheQac#yDcM Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary May 19,2010 Rial Corporation ATTN: Mr. William C. Stillwagon, President Post Office Box 2444 Greenville, South Carolina 29602 RE: Cama Major Application Scotch Hall Preserve Marina NCSR 1502—Bertie County Drainage Basin: Chowan Dear Mr. Stillwagon: As an agency involved in the Division of Coastal Management's major permit application review process, we have determined that the plats submitted as part of the CAMA Major application for the referenced property do not reflect those approved by this office. Therefore, a revised erosion and sedimentation control plan must be submitted to and approved by this office prior to initiating any additional development activity at this site. The revised plan must be submitted at least thirty (15) days prior to project commencement. The plan must include, but is not limited to, the following: l. 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. 3. Include a brief narrative describing the activities to be undertaken and a construction schedule. Washington Regional Office 943 Washington Square Mall,Washington, North Carolina 27889 • Phone: 252-946-6481 /FAX: 252-975-3716 Internet:http://www.dir.enr.state.nc.us/pages/landqualitysection.htmI An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper RECEIVED Rial Corporation MAY 21 2010 ATTN: Mr. William C. Stillwagon, President Morehepq City DCM May 19, 2010 Page 2 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. To begin this project without the approval of a revised 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. If you should have any questions, feel free to contact me. Sincerely, /ex— /'�J Richard D. Peed, CPESC Assistant Regional Engineer rp Enclosures cc: Mr. Doug Huggett, Division of Coastal Management North Carolina Wildlife Resources Commission E Gordon S. Myers, Executive Director MEMORANDUM TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: Maria T. Dunn,Northeast Coastal Region Coordinator Habitat Conservation Program DATE:May 7, 2010 SUBJECT: CAMA Dredge/Fill Permit Application for Rial Corporation(Scotch Hall Preserve Marina), Bertie County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission(NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at the end of SR 1502 (Avoca Farm Road) at the mouth of Salmon Creek near the Chowan River near Merry Hill, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through I I3A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to develop a 107 slip marina, boat ramp, parking areas, ship store, and pool all adjacent and within Salmon Creek. The development would require the modification of CAMA Express Major Permit No. 176-05 to allow the marina amenities within the Scotch Hall Preserve Subdivision(formerly Innsbrook). This project received a FONSI from the NC State Clearinghouse on March 2, 2010. The NCWRC commented on this pproject modification during the Clearinghouse review and has worked with the applicant regarding some concerns generated at that time. Salmon Creek at this location is classified C NSW by the Environmental Management Commission and is designated an anadromous fish spawning area by the NC Wildlife Resources Commission and NC Division of Marine Fisheries. The NCWRC has reviewed this CAMA modification request. We believe a modification should be granted only if an in-water work moratorium of February 15 —September 30 is included as a permit condition. This moratorium minimizes impacts to anadromous and resident species within Salmon Creek and their habitats. Activities included under this moratorium are Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh,NC 27699-1721 Telephone: (919) 707-0220 - Fax: (919) 707-0028 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director RECEIVED Secretary MAY 21 2010 MEMORANDUM A4cli�etzc:City DCM TO: Mr. Pat McClain Division of Land Quality FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 30 April 2010 SUBJECT: CAMA Application Review APPLICANT: Rial Corporation(Scotch Hall Preserve Marina) PROJECT LOCATION: 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. PROPOSED PROJECT: Applicant proposes to construct a 107 slip marina, boat ramp,parking areas, roads, ship store and pool. Please indicate below your position or viewpoint on the proposed project and return this form by 21 May 2010. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. / This office has no comment on the proposed project. ✓ This office approves of the proposed project only if the recommended changes are incorporated. See attached. , This office objects to the proposed project for reasons described in the attached ,�/ comments. Signed A Date ' �I otd/ Nam ©�4,✓ m 1 5-7 Ad' 5,^0,,77,: 1 s r s D le4 7 71d� S� � v`/9r�y Gn�hpi.✓� </f 7/�is Si>,�. ��✓D ��fiu i�ig 3 n'e Atc- o d'Sra T�17i.„/ !�r✓9�ic QiAr/ i r�T 4rv'ens 9f1� p,�Aos�/1 � i.�>A �i 943 Washington Square Mall,Washington,NC 27889 One NorthCarolina Phone:252-946-6481 1 FAX:252-948-0478 Internet:www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer ;Vahma!!y A7*wnA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director R E D E I V,E D retary MEMORANDUM (ELIZABETH VTO: Charlan Owens District PlannerSTAL MU AGEMENTDivision of Coastal Management CITY Eliazbeth City,NC 27909 FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 30 April 2010 RECEIVED SUBJECT: CAMA Application Review MAY 2 6 Z010 APPLICANT: Rial Corporation(Scotch Hall Preserve Marina) 4101eheacl City DCM PROJECT LOCATION: 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. PROPOSED PROJECT:Applicant proposes to construct a 107 slip marina, boat ramp,parking areas, roads, ship store and pool. Please indicate below your position or viewpoint on the proposed project and return this form by 21 May 2010. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate,in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. S' ed�z Date r�'.�l —1 to 943 Washington Square Mall,Washington,NC 27889 One Phone:252-946-6481 1 FAX:252-948-0478 Internet:www.nccoastaimanagement.net NorthCarofina An Equal opportunity 1 Affirmative Action Employer naturally t.; NCDENR I MAY o 4 Zo» North Carolina Department of Environment and Natural Resources 9 _ - Division of Coastal Management '�I,,; Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary MEMORANDUM t RECEIVED TO: Ms. Renee Gledhill-Early NC Department of Cultural Resources MAY 2 8 2010 Archives&History Building Moreh-o l f FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 30 April 2010 SIB SUBJECT: CAMA Application Review APPLICANT: Rial Corporation(Scotch Hall Preserve Marina) PROJECT LOCATION: 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. PROPOSED PROJECT: Applicant proposes to construct a 107 slip marina,boat ramp,parking areas, roads, ship store and pool. Please indicate below your position or viewpoint on the proposed project and return this form by 21 May 2010. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. li Signed P11,1 dp Date :5,,`, /. 943 Washington Square Mall,Washington,NC 27889 One Phone:252-946-6481 1 FAX:252-948-0478 Internet:www.nccoastalmanagement.net NorthCarolina An Equal Opportunity 1 Affirmative Action Employer Aatura!!rf � RECEIVED �� — MAY 7 2010 NCDENR Morehead City DCM North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director r _ _Secretary MEMORANDUM MAY 4 - 1 1 2010 TO: Ms. Patti Fowler Shellfish - • _ NCDENR Division of Environmental Health FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 30 April 2010 SUBJECT: CAMA Application Review APPLICANT: Rial Corporation(Scotch Hall Preserve Marina) PROJECT LOCATION: 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. PROPOSED PROJECT: Applicant proposes to construct a 107 slip marina, boat ramp,parking areas, roads, ship store and pool. Please indicate below your position or viewpoint on the proposed project and return this form by 21 May 2010. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed �V�� V►". _, �y`r Date S/S/Iv 943 Washington Square Mall,Washington,NC 27889 One NorthCarolina Phone:252-946-6481 1 FAX:252-948-0478 Internet:www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer Aatura!!rf RECEIVED NCDENR North Carolina Department of Environment and Natural Resources MAY 6 2010 Division of Coastal Management Morehead CfiN----4 Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary r" . 345g>MEMORANDUMa,TO: Ms.June W. Machaux �eoelv2elDirector �C,10State Property Office Do, �'DRUPE RlY FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 30 April 2010 SUBJECT: CAMA Application Review APPLICANT: Rial Corporation(Scotch Hall Preserve Marina) PROJECT LOCATION: 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. PROPOSED PROJECT: Applicant proposes to construct a 107 slip marina,boat ramp,parking areas, roads, ship store and pool. Please indicate below your position or viewpoint on the proposed project and return this form by 21 May 2010. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. `` This office has no comment on the proposed project.ma've o 1-P_ Q So�bt'W�rec�l \0.v�d .� PrUV:a � �� Co Airrv%eA ` a�*�'2 oktTli ten} 15 R Irt ltl '' e O e` ) his%ffics-as ;* suite plo� d�ro on]y t�ommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signe Date 943 Washington Square Mall,Washington,NC 27889 One NorthCarolina Phone:252-946-64811 FAX:252-948-0478 Internet:www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer Naturally 5 ��� RECEIVED NCDENR MAY 12 201 North Carolina Department of Environment and Natural Resources Division of Coastal Management Moroh®ad city DCH Beverly Eaves Perdue James H. Gregson Freeman Governor Director V"awj2Secretary MEMORANDUM MAY 7 2010 TO: Mr. Ken D. Pace DISTRICT H NCDOT Roadside OFFICE FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 30 April 2010 SUBJECT: CAMA Application Review APPLICANT: Rial Corporation(Scotch Hall Preserve Marina) PROJECT LOCATION: 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. PROPOSED PROJECT:Applicant proposes to construct a 107 slip marina,boat ramp,parking areas, roads, ship store and pool. Please indicate below your position or viewpoint on the proposed project and return this form by 21 May 2010. Please contact R.Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached ® comments. Signed Date 017,010 943 Washington Square Mall,Washington,NC 27889 One NorthCal olina Phone:252-946-6481 1 FAX:252-948-0478 Internet:www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer )Vaturally A -A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director I I Secretary RECEIVED MEMORANDUM MAY 12 2010, TO: Mrs.Maria Dunn Morehead City DCM NC Wildlife Resources Commission FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 30 April 2010 SUBJECT: CAMA Application Review APPLICANT: Rial Corporation(Scotch Hall Preserve Marina) PROJECT LOCATION: 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. PROPOSED PROJECT: Applicant proposes to construct a 107 slip marina,boat ramp,parking areas, roads, ship store and pool. Please indicate below your position or viewpoint on the proposed project and return this form by 21 May 2010. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate,in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed_. �.I 1 Date b ' 2'-)1 y 4 5 6 ,89i C=) ,a cv C w 943 Washington Square Mall,Washington,NC 27889 �, � s,w" ne Phone:252-946-8481 1 FAX:252-948-0478 Internet:www.nGcoastalmanagement.net r Cod orthCarohna An Equal Opportunity 1 Affirmative Action Employer CIA NCD NR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary MEMORANDUM RECEIVED TO: Mr. Lee Padrick MAY 13 2010 Division of Community Assistance M aad City DCM FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 30 April 2010 SUBJECT: CAMA Application Review APPLICANT: Rial Corporation(Scotch Hall Preserve Marina) PROJECT LOCATION: 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. PROPOSED PROJECT: Applicant proposes to construct a 107 slip marina, boat ramp,parking areas, roads, ship store and pool. Please indicate below your position or viewpoint on the proposed project and return this form by 21 May 2010. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. 1- This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed�� Date S/l 943 Washington Square Mall,Washington,NC 27889 One NorthCarolina Phone:252-946-64811 FAX:252-948-0478 Internet:www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer Naturally � I NCDENR �o�o ►�eV' North Carolina Department of Environment and Natural Re e� 3 Division of Coastal Management Beverly Eaves Perdue James H. Gregson dMF_HAB� R "CN Governor Director ecreta MEMORANDUM D E CMv E TO: Dr. Louis Daniel RECEIVED MAY it 4 2010 Director MqY 14 201U Division of Marine Fish Ties More CD 10MF- HABITAT PROTECTION FROM: Doug Huggett CM Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 30 April 2010 SUBJECT: CAMA Application Review APPLICANT: Rial Corporation(Scotch Hall Preserve Marina) PROJECT LOCATION: 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. PROPOSED PROJECT: Applicant proposes to construct a 107 slip marina,boat ramp,parking areas, roads, ship store and pool. Please indicate below your position or viewpoint on the proposed project and return this form by 21 May 2010. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date S {- 943 Washington Square Mall,Washington,NC 27889 One Phone:252-946-6481 1 FAX:252-948-0478 Internet:www.nccoastaimanagement.net NorthCarolina An Equal Opportunity 1 Affirmative Action Employer ;Vaturall'ff RECEIVED �4 MAY 19 2010 "� A NCDENR Morehec,a CRY DCI North Carolina Department of Environment and Natural Resources Division of Environmental Health Beverly Eaves Perdue Terry L. Pierce Dee Freeman Governor Director Secretary May 17, 2010 MEMORANDUM: To: Mr. Doug Huggett Major Permits Processing Coordinator Coastal Management Division From: Joey White Environmental Specialist Division of Environmental Health Subject: CAMA Application Review Applicant: Rial Corporation(Scotch Hall Preserve Marina) Project Location: 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. Proposed Project: Applicant proposes to construct a 107 slip marina, boat ramp, parking areas, roads, ship store and pool. REPLY: X This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. (See Attached) This office objects to the project for reasons described in the attached comments. Comments: • Expansion of existing water mains to serve the proposed project will require engineered plans and specifications to be submitted to the Public Water Supply Section for review and approval before construction. Final approval must be issued before placing the water mains into service. • Contractors should be aware of existing utilities during ingress & egress of project site to avoid damage with heavy equipment and materials delivery. The Bertie County Water Department should be contacted for assistance with the location of existing utilities. Signed Date /I 0 r 0 Public Water Supply Section—Jessica G.Miles,Chief Washington Regional Office One 943 Washington Square Mall,Washington,North Carolina 27889 NorthCarolina Phone:252-946-6481 1 FAX:252-975-37161 Internet:ncddnkingtwater.state.nc.us Naturally Equal Opportunity 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary RECEIVED MAY 7 2010 MEMORANDUM Morehepa City DCM TO: Mr. G.T. Pittman PO Box 530 Windsor,NC 27983 FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 30 April 2010 SUBJECT: CAMA Application Review APPLICANT: Rial Corporation(Scotch Hall Preserve Marina) PROJECT LOCATION: 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. PROPOSED PROJECT:Applicant proposes to construct a 107 slip marina,boat ramp,parking areas, roads, ship store and pool. Please indicate below your position or viewpoint on the proposed project and return this form by 21 May 2010. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate,in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date 5- 5 1 943 Washington Square Mall,Washington,NC 27889 One Phone:252-946-6481 1 FAX:252-948-0478 Internet:www.ncwastalmanagement.net NorthCarolina An Equal Opportunity 1 Affirmative Action Employer Nahmallry MEMORANDUM TO: Doug Huggett RECEIVED THROUGH: David Moye +: FROM: Kelly Spivey MAY 4 ZO�� DATE: 29 April 2010 Morehead City DC" SUBJECT: Major Modification—CAMA Major Permit No. 176-05 Scotch Hall Preserve Marina(formerly Innsbrook) C/O The Rial Corporation Bertie County Quible&Associates,P.C.on behalf of The Rial Corporation has submitted a CAMA Major permit modification request for Scotch Hall Preserve(formerly Innsbrook)located at the intersection of SR 1502 and SR 1511 at the confluence of Salmon Creek with the Chowan River,near Merry Hill in Bertie County,North Carolina. The applicants propose to modify existing CAMA Major Permit No. 176-05 to construct a 107-slip open water marina with amenities within the Scotch Hall Preserve Subdivision(formerly Innsbrook). I have reviewed the proposed project with regard to rules found in Subchapter 7H concerning development in a Public Trust Area. It is staff s recommendation that the proposed project appears consistent with 15A NCAC 07H .0208 as described below. The location of the Marina meets the siting requirements found in 15A NCAC 07H .0208(b)(5)(A)(iii)which states that"an open water site located outside a primary nursery area which utilizes piers or docks rather than channels or canals to reach deeper water". 15A NCAC 07H .0208(b)(5)(H)states that Marinas shall be designed to minimize adverse effects on navigation and public use of public trust areas while allowing the applicant adequate access to deep waters. Although the applicant has maximized the length of Pier I & 11 to the one quarter width the entire structure is located in a natural cove within Salmon Creek outside of the traditional navigation area. Although the applicants have proposed three 8' wide piers, this office feels that they have justified the need for the width in excess of 6' in the project narrative. It is staffs recommendation that 8' wide piers are consistent with 15A NCAC 07H.0208(b)(6)(A)which states"Docks and piers shall not exceed six feet in width. Wider docks and piers shall be permitted only if the greater width is necessary for safe use,to improve public access; or to support a water dependent use that cannot otherwise occur". Updated Deed will be forwarded as soon as it is received from applicant's agent. Staff recommend the following conditions be included if the project is permitted. 1. Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed and operable, and maintained for the life of the marina. RECEIVED MAY 4 2010 Major Modification—CAMA Major Permit No. 176-05 Morehepd Cily pCM Scotch Hall Preserve Marina(formerly Innsbrook) 29 April 2010 Page 2 2. The marina/docking facility shall display a sign showing the location of the nearest/on-site pumpout facility,including other appropriate waste disposal information,at the entrance and exit from the main pier(s). 3. No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina/docking facility. Any sewage discharge at the marina/docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 4. This permit authorizes only the docks,piers,and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this marina/docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 5. Pier I shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor,which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 6. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 7. The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 8. The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he/she abandons the permitted activity without having it transferred to a third party. 9. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work,or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 10. The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard,through regulation or otherwise,on the authorized facilities. At a minimum,permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. RECEIVED f Major Modification—CAMA Major Permit No. 176-05 a MAY 4 2010 Scotch Hall Preserve Marina(formerly Innsbrook) 29 April 2010 MOrehecd City DCM Page 3 11. This permit authorizes a maximum of 107 boat slips. At no time shall more than 107 vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types,including but not limited to motorboats,sailing vessels and personal watercraft. 12. Prior to construction of any new boat slips or other docking facilities under this permit,the permittee shall contact Department of Administration's State Property Office as required under N.C.G.S. 146-12(e)to determine if any Easements are required. 13. The concrete boat ramp shall be poured on high ground and pushed or placed into the water once hardened unless a temporary coffer dam is utilized per the applicants' request. 14. 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 plan to the Department of Environment and Natural Resources, Land Quality Section, 943 Washington Square Mall, Washington,NC 27889. 15. Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property(e.g. silt fence, diversion swales or berms, sand fence, etc.). 16. Any development or land disturbing activity that is considered non-water dependent is not authorized within 30 feet of the normal high water level unless specifically exempted by Coastal Resource Commission(CRC)regulations in place at the time of such development. ?rt_Fi,Air, May 15, 2009 Subject: May 8, 2009 SAV Survey at the Proposed Innsbrook Marina Site On Salmon Creek, Bertie County, North Carolina To: Rial Corporation and State/Federal Resource Agencies From: Brian Rubino, P.G., Quible & Associates, P.C. Purpose: The purpose of this report is for Quible & Associates, P.C. (Quible) to provide the Rial Corporation (Rial) with a review of submerged aquatic vegetation (SAV) in proximity to the proposed marina site (Site) on the Innsbrook Golf and Boating Community property (Innsbrook) during the current growing season. Innsbrook is an existing residential and resort destination community with 399 residential lots situated on 900 acres adjacent to the Albemarle Sound and Salmon Creek in Bertie County, North Carolina. As a required component of the State Environmental Policy Act (SEPA) Environmental Assessment (EA) that is being prepared, Quible performed an SAV survey in the preferred marina location (open water of Salmon Creek) in the riparian corridor waters of Innsbrook. The May 8, 2009 SAV survey was conducted to examine the substrate of shallow waters adjacent to the Site for the presence of SAV, and to document the conditions that may relate to SAV habitat. The SAV survey was not conducted until May in order to enter the mid-growing season for SAV as required by resource management agencies. State and Federal Rules: The State of North Carolina protects areas that are dominated by submerged aquatic vegetation (SAV), which are called "SAV beds". In particular, dredging that impacts SAV beds is not permitted. According to the North Carolina Administrative Code (NCAC), SAV beds are described as "habitats in public trust and estuarine waters vegetated with one or more species of submergent vegetation. These vegetation beds occur in both subtidal and intertidal zones, and may occur in isolated patches or in extensive areas. In either case, the bed is defined by the presence of above-ground leaves or below-ground rhizomes and propagules" (NCAC 07H .0208(a)(6)). SAV is further referenced in Chapter 4 of the 2004 North Carolina Coastal Habitat Protection Plan (NCCHPP). On the Federal level, areas of SAV are considered to be "Essential Fish Habitat". As defined in the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA), EFH is considered "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity". Conditions on May 8, 2009: Air Temperature: 28.9°C Water Temerature: 19.4°C Wind: -5-10 mph NNW Water Visibility: 42" 1 Methodology: The method of analyzing the substrate at the subject property for this survey involved wading and diving the waters adjacent to the property in the Salmon Creek to a depth of approximately -6.5 feet. Initially, a cursory review of bottom conditions in the vicinity of the subject property was performed and observations relating to bottom conditions and water quality data were recorded. In order to evaluate coverage and distribution of SAV, eight transects (T-1, T-2, T-3, T-4, T-5, T-6, T-7 and T-8) were developed, extending from the shore out to -6.5 feet of water. Along each transect, sampling stations were developed at approximately 10 meter intervals. The location of each station was located with a hand-held GPS unit. At each sampling station, a 1 meter by 1 meter quadrat constructed of 1 inch diameter pvc (with holes so it would sink) was haphazardly tossed'. Within each quadrat, water depths, substrate types, and SAV identification was performed. At each station, three coverage estimates in the immediate vicinity of the sampling station (using replicate sub- samples) was performed. The mean estimate of the three replicate sub-samples was used as the reported total cover value to more accurately report the incidence of SAV at each station. It was pre-determined that the scope of observations include diving and specifically looking for any SAV within the limits of each quadrat. Where any live SAV was encountered, coverage estimates were made based on percent cover standards2. In addition, species composition was recorded coverage based on each particular species was recorded. Findings: The substrate type encountered varied between a sand-dominated (muddy sand) surface strata to a organic silt mud. In general, the sand dominated substrate was found closer to shore, except in the embayment area on the east side of the Site where the soft mud dominated bottom was present all the way to shore. Five species of SAV were encountered in the areas evaluated. The species encountered were Ceratophyllum demersum (Coontail), Chara spp. (attached algae), Najas guadalupensis (Southern Naid), Ruppia maritima (Widgeon Grass) and Vallisneria Americana (Wild Celery). There were no non-native invasive species discovered at any of the sample stations, however, some Myriophyllum spicatum (Eurasian Watermilfoil) was found at the Site (outside the sample areas) and beds of Eurasian Watermilfoil were discovered on the opposite (northern) shoreline of Salmon Creek at the confluence of the Albemarle Sound. It should be noted that attached algae is not a vascular plant, but for all intents and purposes, this is considered by most to be SAV since it is rooted, creates beds and serves as a fish habitat. Each of the SAV sampling stations and associated mean coverages (mean of the three replicate sub-samples at each station) is depicted on Figure 1 in blue. ' Haphazardly tossed is a term used in the literature to indicate that the quadrat was not systematically placed in a location that was observed prior to the quadrat lying on the substrate. 2 A resource on hand during the investigation was percent cover standards (photographs) that were taken from http://seagrasswatch.org/home.html 2 Table 1 summarizes coverage estimates at each sampling station. The first column is the sampling station as identified on Figure 1. The third column is the mean cover estimate per station that is also represented on Figure 1. Also represented on Table 1 are cover estimates for each sub-sample and a breakdown of cover for each species encountered. The species compositions add up to 100 percent for each station to display the abundance of each species identified. Conclusion: Based on our findings on May, 2008, SAV growth was found to persist throughout the Site. While brackish water SAV growth patterns may vary from year to year due to the ephemeral nature of the grasses, this area is certainly SAV habitat. Based on other SAV surveys in the Upper Albemarle Sound area, the occurrence of SAV is normal in shallow water areas. Since there is no new dredging associated with the proposed open water marina, a loss of SAV habitat is not anticipated. 3 Major Permit Fee Schedule — RECEIVED MAY 4 2010 MoreheOd CHY DCM DCM % DWQ % :Development Type Fee (14300160143510009316256253) (2430016024351000952341) FI.Private, non-commercial development that does not involve he filling or excavation of any wetlands or open water areas: $250 100% ($250) 0% ($0) II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) III.For development that involves the filling and/or excavation of up 0 1 acre of wetlands and/or open ater areas,determine if A,B,C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No, 3490 (See attached)can be applied: $250 100% ($250) 0% ($0) III(B). Public or commercial development, if General Water Quality Certification No.3490 (See attached)can be applied: $400 100% ($400) 0% ($0) III(C). If General Water Quality Certification No.3490(see attached)could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) III(D). If General Water Quality , Certification No.3490(see 1 attached)cannot be applied: $400 60% ($240) 40% ($160) IV.Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: 1 $475 60% ($285) 40% ($190) NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Dee Freeman Beverly Eaves Perdue James H. Gregson Secretary Governor Director 30 April 2010 Bertie Ledger Advance PO box 69 Windsor,NC 27983 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 5 May 2010 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- 3820. 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 of the published notice, and an original invoice to: Melissa Sebastian NCDENR COASTAL MANAGEMENT DIVISION 400 COMMERCE AVENUE MOREHEAD NC 28557 Thank you. Sincerely, Sherry Tyson, Secretary Division of Coastal Management ATTACHMENT Cc: File 943 Washington Square Mall,Washington,NC 27889 ODC NOrtrlCarOl111a Phone:252-946-6481 1 FAX:252-948-0478 Internet:www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer Nahma!!ff NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. I I3A-I19(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 28 April 2010. According to the said application submitted by Mike Collins, Rial Corporation, applicant proposes to construct a 107 slip marina, boat ramp, parking areas, roads, ship store and pool 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. A copy of the entire application maybe examined or copied at the office of David Moye, Interim District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 24 May 2010 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. R. Kelly Spivey, Field Representative Coastal Management Representative NC Division of Coastal Management 943 Washington Square Mall Washington,North Carolina 27889 (252) 948-3853 Please publish on: 5 May 2010 943 Washington Square Mall,Washington,NC 27889 One NorthCarolina Phone:252-946-6481 1 FAX:252-948-0478 Internet:www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer atura!!rf RE NCDENR iaY Eo _� z. North Carolina Department of Environment and Natural Resources 4 2010 Division of Coastal Management M°reheac Beverly Eaves Perdue James H. Gregson Dee F eN Governor Director Secretary 30 April 2010 Quible &Associates, P.C. Mr. Brian D. Rubino PO Drawer 870 Kitty Hawk,NC 27949 Dear Mr. Rubino: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located 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. It was received on 28 April 2010, and appears to be adequate for processing at this time. The projected deadline for making a decision is 12 July 2010. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from the 28 April 2010, 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 I I3A-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 943 Washington Square Mall,Washington,NC 27889 One Phone:252-946-6481 1 FAX:252-948-0478 Internet:www.nccoastaimanagement.net NorthCarolina An Equal Opportunity 1 Affirmative Action Employer ;Vaturallry Mr. Brian D. Rubino 30 April 2010 Page 2 questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, R.Kelly Spivey Coastal Management Representative Division of Coastal Management Washington Regional Office Enclosure Cc: Doug Huggett David Moye, Interim District Manager Mike Collins, Ria1 Corporation, Scotch Hall Preserve Marina r io ( 000 , li AMA PERMIT APPLIED F OR PROJECT: 4p\,kcw-v� C k 0 1 - Y.: f G Yv-\ t k 6 vcA ncre Stray 0 0 d- on COMMENTS ACCEPTED THROUGH mcs�, 'a.o \ u ��c•.� wYp��°` �'oh FOR MORE DETAILS CONTACT APPLICANT: THE LOCAL PERMIT OFFICER BELOW: ►-, 7 . 2 U b', o v �C C a c�s� !`(�a n g u e rr1 r l�. car 'Kny G43 uJ�S1r, S ma�1 -33oo Xa�+ o Quible 59 Quible &Associates, P.C. P.O.Drawer 870 Kitty Hawk,NC 27949 ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING•SURVEYING Phone:252-261-3300 SINCE 1959 Fax:252-261-1260 RECEIVEp PRINCIPALS Sean C.Boyle,P.E. MAY Joseph S.Lassiter,C.E.P. Eduardo J.Valdivieso,P.E. if CERTIFIED MAIL: RETURN RECEIPT REQUESTED 4 ZD�Q Edu ASSOCIATES Mce C1ry.pCM Joseph J.Anlaut,P.E. March 29, 2010 head i Katherine C.Marchello,P.L.S. l Avoca Farms, Inc. 841 Merry Hill Rd. Merry Hill, NC 27957 RE: CAMA Major Permitting for Scotch Hall Preserve Marina Rial Corporation Merry Hill, Bertie County, NC Sir/Madam: As adjacent riparian property owner to the Scotch Hall Preserve Project, it is required by NCDENR, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires CAMA Major Permitting. As depicted on the accompanying site plan, the proposed project includes a (107) slip open water marina in Salmon Creek. Also proposed as amenities to the marina complex is a ship store/market, fueling for vehicles and boats, a pool area and thirty six (36) associated parking spaces and required access infrastructure. In addition, a boat ramp is proposed with an access pier, and a pile- supported walkway system connecting the boat ramp to the marina. All proposed work is depicted on the CAMA Major Site Plan. Should you have comments to this proposal, please send your written comments to Mr. David Moye, NCDCM, 946 Washington Square Mall, Washington, NC 27889. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Q Associ tes Jose Lassiter, President, CEP Cc: Kelly Spivey Mike Collins N � ZQ "iENDER: COMPLETE THIS SECTION CO,',I,'PLETE THIS SECTION ON DELIVE ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. kAgent X ■ print your name and address on the reverse 0 Addressee so that we can return the card to you. B. R..N ( ed�") C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. Z 10 D. Is davWy address different from item 17 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No A�oC, T-- 3. Servic Type t �1 Mail ❑Express Mall ❑Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. _ 1 4. Restricted Delivery?(Extra Fee) ❑Yes 2. ARicle Number (Transfw from sw 7007 2680 0002 5929 7158 PS Form 3811,February 2004 Domestic Return Receipt $ao Quible YEARS 2 Quible &Associates, P.C. P.O.Drawer870 RECEIVED Kitty Hawk,NC 27949 ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING•SURVEYING Phone:252-261-3300 Fax:252-261-1260 SINCE 1959 MAY 4 2010 PRINCIPALS Sean C.Boyle,P.E. Moreh@p {,` Joseph S,Lassiter,C.E.P. d Ci'I�dlWt J.Voldivieso,P.E. ASSOCIATES Joseph J.Anlouf,P.E. CERTIFIED MAIL: RETURN RECEIPT REQUESTED Katherine C.Marchello,P.L.S. March 20, 2010 Robbie Saunders 1445 Garretts Island Rd. Plymouth, NC 27962 RE: CAMA Major Permitting for Scotch Hall Preserve Marina Rial Corporation Merry Hill, Bertie County, NC Mr. Saunders: As adjacent riparian property owner to the Scotch Hall Preserve Project, it is required by NCDENR, Division of Coastal Management (NCDCM) that you be notified of the proposed work that requires CAMA Major Permitting. As depicted on the accompanying site plan, the proposed project includes a (107) slip open water marina in Salmon Creek. Also proposed as amenities to the marina complex is a ship store/market, fueling for vehicles and boats, a pool area and thirty six (36) associated parking spaces and required access infrastructure. In addition, a boat ramp is proposed with an access pier, and a pile- supported walkway system connecting the boat ramp to the marina. All proposed work is depicted on the CAMA Major Site Plan. Should you have comments to this proposal, please send your written comments to Mr. David Moye, NCDCM, 946 Washington Square Mall, Washington, NC 27889. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, to nd Associates, P.C. Jose assiter, CEP, President Cc: Kelly Spivey Mike Collins COMPLETE ■ Complete items 1,2,and 3.Also complete Signature o #Pm 4 if Restricted Delivery is desired. ❑Agent G c ■ Wint your name and address on the reverse ❑Addressee N that we can return the card to you. ceived byj,, ht ame) C. Date of Delivery W + ■Ottach this card to the back of the mailpiece W gr on the front if space permits. 1. icle Addressed to: Is address different from item 1? ❑Yes Q If YE ter delivery address below: ❑No Q6��,� ���vd�� _ rye 3. Service Type ,Z�h-j L'a A�Certified Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merch� ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7007 0710 0002 9441 9955 (Transfer from service label) PS Form 381 1, February 2004 Domestic Return Receipt 102595-02-M-1540 •ertxjtg Conaty-zRAaister of Deeds 3W?46da B. Whi�i , �bpistrar of Deeds I2t4 1214�r�, Book a4V 4D *r�531 M Pqs: 11 04"'?Zoos 11:41:54ss t- a Ii4sN NO CONSIDERATION SPE9AL WARRANTY DEED -111;1 Excise Tax: none required 2r � Prepared by/Return to: Paul A.Arelk Holt YJ Danis&H:gb5-," Box 2060,Raleigh,NC 27602 .iz" THIS DEED is made this day of 2005,by and between Lmsbrook Golf& Marina,LLC,a North Carolina limited liabilityeompany,Mda PTAC 79,LLC(the"Grantor")and Rial Corporation,a North Carolina corporation(the"Grantee") a►i t'tl A- a 4kr a fi e r p.o. �a,r„ra,► A�g� � ct�w�etH;ralay,g, l �,'tgt5• J�g7 Y:WITNESSETH: That Grantor, for a valuable4}isi paid by)1'ibJ p, the receipt of which is hereby acknowledged,has and by these presen�gr�rrt,bargain and convey unto the Grantee in fee simple,all that certain lot or parcel of land situated to Merry Hill Township,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 railroadpots-of-wayabutting or adjoining the Property,and together with all the improvements thereon and<3r11 privileges tints and appurtenances thereto belonging. ml�:„ TO HAVE AND TO HOLD the Property an g4privileges appurtenances thereto belonging to Grantee in fee simple. Grantor reserves from this conveyance unto itself and all future owners of Tracts 1-4,as described on Exhibit A attached hereto(the"Retained Parcels"),for the benefit ofthe Retained Parcels,a permanent, perpetual,non-exclusive easement o the Property for the purpose and right of vehicular and pedestrian ingress,egress and regress for aces to and frog►} etained Parcels,on the terms and conditions m hereinbeiow set forth. Such e ent 9%]be re�K#Tr, after as the"Access Easement., l «" kI, <44g �G Inst/12182+� p Hook 949 pa"S 5= (a) Grantee may use the Property for any purpose and to any extent not inconsistent with the Tights reserved by Grantor hereunder.Grantor shall not use the Access Easement in a manner that unreasonably interferes with the owners or legal occupants ofthe Property,provided that Grantor shall at all times have reasonab a access to the Retained Parcels. ,r (b) Upon the recordation of a Declaratibj,' <ot icons,Reservations and Restrictions(the "Declaration")encumbering the P y and in w'hfr Wyss easement rights are granted to Grantor,Grantor's use ofthe Access ent shall be subject to such limitations,if any,as are set forth in the Declaration. However if the Declaration terminates for any reason,or if it is amended in a manner that unreasonably restricts access to the Retained Parcels,then this paragraph(b)shall thereafter be null and void. (c) 'The Access Easement,l6l be an easement and covenant running with the land,and shall be binding upon and inure to the beKefit oftRikWinof fee simple title to the Property and the tive heSvcctssors and" t and all those claimingby,through Retained Parcels,theirpe+�c or under each such owner,including tho sttScessors in title withrespect to the Property and the Retained Parcels.The Access Easement is intended to be a property interest or right only in the owners of fee simple title to the Retained Parcels and their respective heirs,successors and assigns. However,the Access Easement also shall inure to the benefit of the tenants,partners,officers, directors,employees,agents,Vntractors,invitees,permittees and licensees of such owners. (d) Nothing contain4ein is intendfk"Wor�shall be construed or deemed to constitute, a dedication, express o0implied,*tM;'any real pro for any public use or purpose whatsoever. And Grantor covenants with Grantee,that Grantor has done nothing to impair such title as Grantor received,and Grantorwill warrant and defend the title against the lawful claims ofall persons claimingby, under or through Grantor. Grantor acquired the Property b uitrament rei�izt rk 827,page 504. The designation Grantor and Grantee as used heAg shall include said parties,their heirs,successors and assigns,and shall include singular,plural,masculine,feminine or neuter,as required by the context. 2 ,��� �ril;.x r•r Tnst/1�181 840 Pays: 533 IN WTINMS WHEREOF,the Grantor has caused this instrument to be signed in its company name by its duly authorized member,the day and year first above written. Innsbrook Golf&Marina,LLC,a North Carolina limited tiffs' liability company By: Rial ration,allorth Carolina corporation, tzr� sole Member/Manager By. William C.Still sident STATE OF U r+l COUNTY OF I,the undersigned,allotaryPublic for said Countyand State,do hereby ce tifythat William C.Stillwagon, President ofRial Corporation,member/manager of Innsbrook Golf&Marina,LLC,a limited liability company,personal ly appeared before me this day and acknowledged the due execution of the foregoing instmmentonbebalfofRialCorporatioti3)n its capacity asmemberlmanageroflimsbrookGolf&Marina, LLC. Witness my hand and official stamp or seal,thisday of 12005. U otary Public ;" o My commission expires: z �O COMMONWEALTH OF PENNSYLVANIA •, ���� ' NotwW Saw Dods C.KMW Ptbic &Y Of f3Y s r ' r Member,Perm Assod*)on Of NoUrles state of North Carolina, aertie County The Foregoing Certifi,,ate(s) of DORIS C. [IZBLpt /NP is (are) Certified to be Correct. This Inst-0ent was filed for ltpistration on this 6th Day of Jun 2003 in to Hook and Page shoen o tr lct ! , >Assister ;C•�,grgd.� . CC44�a i Inert#12181 B..* 940 Vaet 524 4; Eibi bit Property Description Lying and being in Merry Hill Township,Bertie County,North Carolina.Bounded on the west by SR. 1511,on the nor� t by Protestant Episcopal Church of Holy Innocents (DB 615 PG 263), on the Arth by Sabor ,Creek, on the east by Batchelor Bay (Albemarle Sound),and on,ttI othec;¢Zdcs by RIRn'ikAhaiial Company(DB 801 PG 900) and being more particularly described`ii *]lows 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 86138'18" 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 radiu4 of 2577.84 feet, a length of 182.14 feet and a chord bearing and distance of N 82°50'76"E 182.10 feet to a point;thence N 75°19'08"E 1.14 feet to an existing PK nail located at the t %�r,,,�SR. 1502; thence as a new line N 11059'18"W 5.71 feet taYpoint;�hM!N 84° �`49i''113.45 feet to an existing iron rod,the southeast comer of the Protestaff4piscopal Church of Holy Innocents(DB 615 PG 263);thence as the eastern line of said Protestant Episcopal Church of Holy Innocents N 00°30'56"W 164.98 feet to an existing iron rod,the northeast corner 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 r40 iron rod;thence N 62°57'04"E 124.79 feet to a new iron;thence N 49°45'54"E�� 2.52 feet toL,%wiron rod located on the edge of Salmon Creek; thence as said creaklythe foil ing cou>R4* stances; N 64°17'45" E 63.83 feet,S 77005'34"E 106:4U feet,N 88 I'TtO"E 66.91 fee,5 79°13'17"E 106.68 feet,N 82006147" E 99.42 feet, N 74025'161' E 135.19 feet, N 40°36'37" E 49.77 feet, N 50050'28" E 45.55 feet, N 34054'38" E 36.19 feet, N 20011'55" E 50.57 feet, N 25044102" E 61.06 feet, N 16026156" E 61.03 feet, N 01°41'00" E 68.03 feet, N 00040'31" E 41.13 feet, N 18154'58" W 50.59 feet, N 04042'07" W 33.10 feet, N 68°38'27" W 34.40 feet, N 04e52'20" W 32.04 feet, N 86028'4T' W 66.22 feet, S 71010'45" W 62.43 feet, S ( °52'54" �j� 1.63 feet, S 06°38'41" E 35.20 feet, S 28°20'15"E 21.94 feet,S 8� 05'29" 21.7 kij�� ?W� 34"E 19.24 feet,S 47°54'20" W 27.93 feet, N 49°24<ty2' W 47.9 t, N 09°13'S k 54.63 feet, N 06°50'53" E 47.46 feet,N 08°56'56"E 57.20 feet,N t'33°16'11"W 43.14 feet,N 09001'27"E 60.22 feet,N 06°32'06"E 65.53 feet,N 25047'11"E 81.62 feet,S 80°26'48"E 258.06 feet,S 82°45'22" E 129.71 feet, S 85015'06" E 78.85 feet, N 89150143" E 85.57 feet, N 82052'19" E 284.32 feet, N 64047'18" E 89.20 feet, N 57*08151" E 109.86 feet, N 19043'49" E 93.79 feet, N 0 W2'12" E 87.66 feet, N 26040'23" E 59.02 feet, N 12°24'52" W 45.35 feet, N� 127'16" P�i101.36 feet, N 04°14'38" E 45.38 feet, N 25°51'15" W 40.32 feet, O 02°0�5'49" ►�►ut "t, N 12°14'34" E 49.34 feet, N 47°45'59" E 62.80 feet. 01-21�S8 E 83.62 Zii�19-24'19" E 51.72 feet, N 37°56'24" E 52.94 feet, N 12°45'19'"1-Z 80.70 feet, N 55026'46" E 38.35 feet, N 20028'22" E 88.40 feet, N 02022'38" W 52.70 feet, N 14049'25" E 77.66 feet, N 14°18'06"E 60.40 feet,N 07°07'03"W 55.21 feet,N 12105'02"E 37.17 to a new iron Q,ss. rn;�x 40y�� lnst#12191 t"Pt J� 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 70019'07"E 78.82 feet,S 89°07'41"E 92.53 feet,S 54043131" E 166.86 feet, S 67024'51" E 74.14 feet, S 72°07'25" E 187.52 feet, S 71014'15" E 185.65 feet, S 72°39'02" E 29$.78 feet, S 79°35'45" E 237.62 feet, S 76°07'14" E 207.79 feet, S 79005'02" E J81.03 feet, &R,kr,} ar4t47" E 154.55 feet, S 55-17-16" E 112.36 feet, S 64048'48" �245.2141eet, S 67i 'b 79.41 feet, S 72°30'40" E 389.69 feet, S 73008'28"E 119.64 feet,'+-§;'21'35"E42.1 13 feet,N 57001'29"E 46.98 feet,S 37010'31"E 103.74 feet,S 58000'30"E 174.09 feet,S 22041'10"E 174.43 feet,S 26*28'18" E 457.06 feet, S 22037101" E 264.56 feet, S 16°20'14" E 653.32 feet, S 36°00'26" E 151.11 feet, S 26°51'44" E 136.95 feet, S 14039'16" E 138.43 feet, S 11030'20" E 419.59 feet, S 12046'03" E 572.03 feet, S 09049'56" E 493.08 feet, S 05050'37" E 488.02 feet, S 021433'49" E 415.93 feet, S 08058'54" E 236.63 feet, S 05025'38" E 128.21 feet, S 0°22'57" 8 J7 .70 feet, S 60052'59" E 40.77 feet, S 07°10'52" E 178.54 feet,. 3°31' ," W 1�>� rf ��9°55'33" W 107.29 feet, S 09009'48"W 97.70 feet,1t08-24'32"1�.45 feet to a n iron rod near the mouth of the Black Walnut Creek and running then leaving said Batchelor Bay as a new line S 85020'44"W 2631.94 feet to a new iron rod;thence N 87°05'02"W 1167.68 feet to a new iron rod;thence S 66°43'29"W 2469.01 feet to a new iron rod;thence N 73°34'59" 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'IT' E 90.60 feet, N 05/431561, W 96.33 feet, N 10°56'20" W'`Y-52 feet, hir12°13'45" W 98.43 feet, N 12°59'34" W 663.86 feet, N 12000'09" 97.3Q,feet, 1�1 s {M" W 96.73 feet, N 08035'44" W 1821.37 feet to the BE�!1VNING, cS mng 894. � aie more or less, as shown on survey entitled "Boundary Survey for• •'al Corporation" by Hobbs, Upchurch & Associates, P.A. dated May 2004 and revised June 30, 2004, and being a portion of "Tract No. 111" described in Deed recorded in Deed Book 801 Page 900,Bertie County Registry. LESS AND EXCEPT the folWwing TraetV4 which are not conveyed by this deed: TRACT I: BEGINNING at a point in the southeast edge of Salmon Creek,said point being located N 34041'05" E 3529.45' from a%existing PK nail in the centerline intersection of S.R. 1502 and S.R. 1511 and runs!1�tnce as the edge of Salmon Creek,the following courses and distances: N 82°52'19" 64.45',N fly ' " E 89.20', N 57008'51" E 109.86',N 19043'49" E 93.79',N 00J"Od'12"E 8,66',N 2 40 3'��, , 9.02',N 12°24'52"W 45.35', N 20°27'I6" E 101.36',�1 04°14'38"Nint 38', N 25°51`IS" W 40.32', N 02°05'49" E 77.74',N 12614-34"E 22.37'to a poine edge of said Salmon Creek;thence leaving Salmon Creek S 90°00'00"E 307.93' to a point; thence continuing as the boundaries of Tract 1 S 55°50'47"E 280.494,N 84°11'36"E 50.00',N 62°56'07"E 50.00%N 34°04'25" yCam eJ� Instti12ie1 Sooty 140, Paget tiff . E 50.15',N 18°2842"E 50.00',N 06°29'07"E 73.18',N 15°00'34"E 78.50',N 41°32'21" E 92.88',S 64°32'39"E 573.01',S 75047'56"E 652.01',S 61°20'37"E 229.97'to a point located N 61°35'59" W 58.40' from a comer of Tract 2; thence continuing as the boundaries of Tract 1,a curve nutong counterclockwise to the southwest,having a radius of 925.00',an arc length of 271AT and a chord bearing and distance of S 45°28'20"W 270.50', S 37°03'53" W 12g.71', N 74°f3,'$2,;I?r'W 580.12', S 01003'34" E 18.74', S 39019'33"E 14.301,S 27°02'28"Wes, 81,S 51° 0`i }�41 8.19',S 66°0272"W 90.28', S 37056'52"E 52.701,S 64,152158"E 17 9.f, S 60°25'23"E 60.87',S 73041127"E 23,061, S 48°06'01"W 25.48',S 40°59'25"E 3.13',N 79056VI"W 215.95',S 64055'58"W 9.92', S 24057'52" E 152.10', S 37008'39" E 60.40', S 55°50'52" E 89.70', S 63-15-32" E 177.31',S 52°01'30"W 34.90,S 07-50-39"W 28.56',S 19°42'42"E 20.34',S 39°57'09" E 45.13', S 14-05-44" E 33.01', S 15°01'27" W 12.84', S 53-11'47" W 25.42% S 49004'22"W 103.24',S 01°36'49'?W 16.42',S 25°33'52"W 74.52',S 16°29'08"E 52.66', S 73°30'52"W 49.87'to a cu&e running cLdg.) r,+,i4ce to the west having a radius of 25.00', an arc length of 37.58' and a chordbbearing and d�$1�eo of S 63°25'12" E 34.14' to a point; thence N 20°21'1�' W 194.66' --,*�}curve running counterclockwise to the north having a radius of 925.00',an are length A24.10'and a chord bearing and distance of N 27017'41" W 223.56' to a point; thence continuing N 34°14'08" W 256.84' to a curve running ring clockwise to the north having a radius of 25.00', an are length of 21.03', and a chord bearing and distance of N 10°08'26" W 20.41' to another curve running counterclockwise to the north,having a radius of 50.00', an arc length of 33.27' and a chord bearing and distance oNy 05°06'37;W 32.66', thence N 24°10'28" W 63.73', N 71°]0'42" W 141.16', N 838'S9" W 13 `r $°�f$'44" W 135.67', S 43°00'36" W 22.38',S 05°14'32"E 18.44',S 38°2 'Sa E 357.61', '55"E 54.75', S 04°30'50"E 27.52', S 38.1079" E 474.98', S 73°31N2" W 99.1I', N 69°31'57" W 344.77', N 63036'58" W 974.84', N 57956'09" W 136.60',N 46°55'51" W 61.01',N 06°34'00" W 198.4l'to the point and place of BEGINNING,containing 44.24 acres. TR4CT2: BEGINNING at a point J46ted S ° 3'27"E 1'3 �,.fr,0m an existing PK nail at the centerline intersection of SR. 151Y, 1511, and running thence as the following courses and distances: S 61°18'11" E 118.10', N 44°42'36" E 47.86', N 80°53'49" E 137.41', N 79°54'59" E 154.46', N 71°05'44" E 148.59', N 65°4243" E 160.73', N 58002'04" E 222.41', N 48°33'50" E 231.50', N 07°47'29" W 218.81', N 02°54'16" W 499.30', N 24°15'29" E 209.08', N 17°57'50" E 216.84', N 03-09-17" E 255.32', N 07017'05" W 124.24',N 0W0411 " E 220.34,N 20031'39"W 62.22'to a curve running counterclockwise to the nohavinglrius of 480.00',an arc length of 189.08'and a chord bearing and distagk of N. 7°27'�3" a point; thence continuing S 60°50'27" E 133.17', Sf3°59'38" ,3.02', S 69°4$r ' E 340.02', S 74°50'28" E 135.15', N 7002448" E 465.76', N 34°�, '15" W 50.00', N 15°44'14" W 50.00', N 06°45'01" W 50.00', N 10°15'27" W 50.00', N 19°28'59" W 50.00', N 31°53'34" W 50.00',N 4204649"W 50.00',N 56°20'05"W 50.00',N 66°38'10"W 50.00',N 79°57'50" kP C!•,r `�0 I �1 (1• V + ' J I'NN123,#� M�! tIM ti I U7 4 W 50.00', S 82°14'40" W 50.00', S 86°20'45" W 50.00', N 87-52-35" W 100.00', N 80°46'43-W 50.00',N 67-13-57"W 50.00',N 21°04'53"W 50.00',N 07-45,07"W 88.80' to a curve running counterclockwise to the east having a radius of 480.00',an arc length of 88.45' and chord bearing and distance of N 77052'52" E 88.32' to a point; thence continuing N 73°30'52" E 871.33', S 23°45'36" E 168.39', S 36°4919" E 193.24', S 49°06'23" E 192.35', S 64°33'58" E 156.6$;. -Vr�°09'12" E 156.94', S 74017'14" E 102.60', N 84-18-51" E�02.52', � °06'08" it) .�� N 48°02'33" E 87.90', N 31021'09"E 98.09',N 20a37'36"E 182�1S;r�l 17°2722"E 473.36',N 12°47'46"E 50.00', N 02-35'26" W 50.00',N 17-52-56" W 63.22', N 30°1218" W 50.00', N 44°43'56" W 188.71',N 54-51-45" W 644.64'to a curve running clockwise to the northeast having a radius of 875.00', an arc length of 217.91' and a chord bearing and distance of N 47040'07"E 217.35'to a point;thence continuing N 62°24'23"E 13.96'to a point located S 61035'59"E 58.40'from the TO'At eastern comer of the above described Tract 1;thence S 57048'08" E 229.3T, S 6 23'07" E 6347t,4! �88°48'23" E 465.23', N 69°34'25" E 58.46',N 23°16'11"E 37.0$;N 23°111"E 197 �27'03"E 153.07',N 21055'54" E 129.06' to a point at tic edge of the3�0SAi)emarle Sounl aience along the edge of said sound,S 58°00'30"E 174.09',S 22°41'10 174.43',S 26°28'18"E 457.06',S 22°37'01' E 186.61' to a point at the edge of said sound; thence leaving the sound, the following courses and distances: S 67122'59" W 139.41', S 07°55'19" W 305.41', S 20°54'18" W 320.70', S 12°56'40" W 201.51', S 07°25'25" E 118.961, S 41-59-12" E 140.39', S 01058'19" E 121.41', S 40°OT54Y W 106.51', S 62°10'36" W 74.48', S 60°5610" W 120.OT, S 52°26'43" W 164.i`1, S 43.0qg-, I" W 151.48', S 30°04'28" W 161.03', S 08001'31" W 195.77, S 47'11 E 185.E 'f �° 130" E 134.82', S 25°54'33" E 118.08', S 12°1175" F� 23.74', S"fg02'29" E 1 '3 `� S 6b°43'00" E 106.13', S 28°50'21" E 58.07', S 63°34'12" E 21.9�N 62°22'09" E 196.01' to a curve running clockwise to the south having a radius of 850.00', an arc length of 144.43' and a chord bearing and distance of S 07009'36"E 144.25'to a point;thence S 02°17'33"E 137.25'to a curve running clockwise to the southeast having a radius of 100.00', an arc length of 162.47',and a chord bearing andptance of S 44°15'08"W 145.18'to a point;thence N 89012'11"W 295.95'to a point-located N 06'12'24" E 50.22'from a northern corner of Tract 3 described below;the&ce continuing 7 '2.3"E 52.99',N 32°21'09"W 41.26', N 74008'57"W 181.86%N-»i2°17'41'' 39.651,9 W 187.85',N 64-50-23"W 155.68', N 82°19'38" * 50.001, N 07°4.4?122" E 128.06', N 71°59'09" W 11$.97', N 73°33'32" W 139.02',N 76-03'11" W 134.07', N 80°44'20"W 127.02',N 76°19'33"W 109.88', N 66°44'30" W 115.47, N 63-20-47" W 130.91', N 75°27'48" W 114.48', N 71044'04" W 126.80', N 61°46'34" W 122.69', N 76°16'00" W 338.10', S 75-38-43" W 95.88% S 82°38'10" W 166.23's,S 75°30'29" W 159.03', S 68°55'13" W 144.82', S 58°02'40" W 170.42', S 44°4jb$" W 161.57, S 33-53-08" W 159.09', S 28053'26" W 127.221,S 30°57'38"W 88..13';S 40°00'432' 452.30',S 70°36'09"W 85.90',S 20°27'33" E 263.05', S 75°58'25"W '6.91'td�' urve nrnil�tig�' lockwise to the west having a radius of 300.00', an�rc length6.06' end a c 'a'rd bearing and distance of S 59°09'40" W 173.54;thence S 42°20'56N 324.57',S 47°5725" W 255.83'to a curve running clockwise to the west having a radius of 440.00',an arc length of 277.50'and a chord bearing and distance of S 60°25'00" W 272.93'to a point;thence S 78°29'04"W -•4.� r q: ,c� �4✓� ��aS S�iJ) Inat#1230, book 640 Payer M 234.54', S 76-12-28"W 313.83'to a curve running clockwise to the northwest having a radius of 25.00',an arc length of 27.99'and a chord bearing and distance of N 71°42'48" W 26.55'to another curve running counterclockwise to the northwest having a radius of 170.00% an arc length of 104.48' and a chord bearing and distance of N 57°1426" W 102.84'to another curve running a ockwise to the northwest having a radius of 25.00',an arc length of 2939'and a chg4bearing a4dtgtgce of N 41°09'49"W 27.73'to a point; thence N 07128'52"W 197_16'to the point and pI d9ddl f,,gJNNING,containing 179.99 acres. TRACT 3: BEGINNING at a point located S 73°25'29"E 5493.04' from an existing PK nail at the centerline intersection of SR. 1302 and SF �1511 and runs thence as a curve running ct r counterclockwise to the no havil a radi(!%&Z� 5r00', an arc length of 95.53' and a chord bearing and distanq of N 16° 3Q"W 95.14't`64i�bint; thence continuing as the following courses and distances: N 23 04'41" W 222.88', N 72°58'56" E 91.31', S 68055'20"E 147.15',S 83°52'19"E 74.90',N 37°3T16"E 36.37',N 18°31'10"W 30.03', N 13°3T43" W 80.79', N 43°28'06" W 44.82', N 64°54'56" W 81.95', N 53-13'11" W 30.92', N 88°47'07" W 26.47', S 59°55'07" W 97.39', S 83°27'01" W 112.01', N 25004141" W 258.73' to a curve ing clockwise to the northwest having a radius of 635.00',an arc length of 49.57'and a chord bearing and distance of N 22°50'30"W 49.56' to a point;thence continuin 66000'40"1w 77016'20" E 86.12',N 64055'39"E 83.04', N 03°41'56" W ,, 0.91', I°��^��°09'31" E 4' i!, N 29°09'36" E 111.23', S 55008126"E 37.83'to a curve running c�dterclockwise to the southeast having a radius of 525.00', an arc length of 98.92' and a chord bearing and distance of S 60°32'18" E 98.77'to a point; thence S 02°16'31"W 18 AO% S 04°5328" W 104.54',S 09°03'04" E 77.48',S 19°13'27"E 148.41',S 55°42'54"E 51.61',S 80°47'16"E 26.74',N 78°51'19"E 45.67',S 32°42'18" E 26.77'1 S 15°44'03" E 69.66',S 20°0512" E 51.52', S 05°14'19"E 49.69',S 64°41'36"E 48.85',S114'1$"E 46.56',S 65°00'10" E 100.31',S 76°08'52"E 61.14',N 87°53'11" E 64V 47°23'51'l' 2�Q�$' N 03°06'50" E 21.89',N 18°03'37" W 87.86" N 12035'35" 51.811, 6038'13'� ��1. N 21°22'06" W 126.12', N 03°14'37" W 44.7$', N`6°38'38" E ', N 16002'38' W 142.29', N 11°31'21" W 68.34',N 27°05'00" W 36.66',N 11-45-37" W 103.99'to a point located S 06°12'24" W 50.22'from a southern corner of Tract 2 described above;thence S 89*12'11"E 713.89', S 10°25'00" W 112.51', S 41004'06" E 522.72',N 46°45'34" E 127.61', S 03°36'22" E 127.52'to a curve running counterclockwise to the south having a radius of I I45.00', an arc length of 440.26' and a cl�¢?d bearing and distance of S 14°37'18" E 437.55' to another curve running clockv ,C to the south having a radius of 25.00',an arc length of 12.71',and a chord bearin id dis ce of� 8" 12.57'to another curve running counterclockwise to the, ruth havin radius of 56 OO rt arc length of 43.63' and a chord bearing and distance of S 21030'0OV E 42.26' to a point; thence S 29°19'58" E 135.24',S 49-08-31"E 262.84',S 70°39018"E 25.56',S 19°55'33"W 15.47',S 09°09'48" W 97.70', S 08°24'32" E 114.45', S 85°20'44" W 977.05', N 54°26'57" W 383.54', N A 4 4t�� ....��'Sf u�ry✓ InstI1218.1 Book 840 Page: 539 70°50'12" W 396.96',N 50°55'01" W 315.95', N 64-07-30" W 148.05'to the point and place of BEGINNING,containing 49.05 acres. TRACT 4. BEGINNING at a point located S 73° 2'37"\E 3 ,f.,9!from an existing PK nail at the centerline intersection of A. 1502 an� 1511,said beg n!hing point also being located N 78°1743"W 53.45'from a western comer of Tract 3 described above and runs thence as the following courses and distances: N 78°17'43"W 139.67',S 45°32'05"W 91.48',S 39005'12" W 51.50', S 66°06'27" W 79.70', S 86°15'47" W 101.53', S 59°42'17" W 102.57', S 69°51'07" W 75.88', N 83°20'14" W 67.75', N 73°29'40" W 164.65', S 77043'51" W 297.86,S 89°51'Z W 282.20', S 88°29-14"W 146.33', S 87°42'51" W 168.61', S 00018'07" W 18 � Q', S 28° 'QO" W 112.86, S 62037'32" W 67.03', S 41037'38"W 33.17',S 19°�'7"35"W 21-1- -9$V.3�-"W 52.84',S 20°36'14"W 60.33', S 03°00'43" W 45.81', 5 24°33'00 ,a .03', S 51r2 E 26.28', S 66°43'29" W 238.26', N 15°09'15" W 36.12', N 50°45'3l" W 107.79, N 19030014" W 33.62', N 12015'45" E 42.63',N 47°23'21"E 76.59',N 17-07-12"W 50.23',N 32°24'02"E 45.54', N 02039'40" E 38.62',N 48°21'05"W 201.45', N 51°57'31" W 131.10',N 42°02'28" E 83.22', N 4402912" W 81.38', N 88032'30" W 29.37', N 65°56'02" W 206.59', N 81025'24" W 136.97', N 63°55'V" W 50.00', N 79°27'21" W 32.14', N 88-39-15" W 84.31', S 85°17'39" W 50.004f S 70°16'00" W 78.35', N 88°3649" W 141.45', N 74022'41"W 112.62',N 5L;. 9'31" W 10)r 9R1; �i;42'10" W 109.08',N 67-22'45" W �A ., 104.69',N 84038'30"W,4.40',S 2*Rk42"W 213:%l-a curve running clockwise to the west having a radius of 250.00', an-*c length of 50.99' and a chord bearing and distance of N 77°36'09" W 50.90'to a point; thence N 71°45'37"W 105.00' to a curve running clockwise to the west having a radius of 720.00',an are length of 295.75'and a chord bearing and distance of N 61126'51"W 293.6T to another curve running clockwise to the north having a radius of 25.00', an arc length of 40.26' and a chord bearing and distance of N 03°32'58" W 36: Y to another curve running counterclockwise to the northeast having a radius ot 1'70.00', an of 90,59' and a chord bearing and distance of N 27°18'57"09.52'dKN *12'28" er ci�°bPpr*ng clockwise to the northeast having a radius of 25.00`-;an arc ten7.99'and a cAdrd bearing and distance of N 44007'44" E 26.55' to a point; then E 313.83', N 77°20'47" E 53.03',N 78029104" E 234.54'to a curve running counterclockwise to the east having a radius of 560.00', an are length of 353.18' and a chord bearing and distance of N 60°25'00" E 347.36' to a point; thence N 36°44'27" E 255.83', N 42*20156" E 188.81' to a curve running clockwise to the east ying a radius of 500.W, an arc length of 293.43' and a chord bearing and distance o359°09'40", 289.24'to another curve running clockwise to the east having a radiu�s-�f 450JO0', and �pf 55.21' and a chord bearing and distance of N 72°38'29",43 55.18'to fie, er curve it clockwise to the east having a radius of 25.00',an are length of 29,20'a' d a chord bearing and distance of S 77°24'38" E 27.57'to another curve muting clockwise to the south having a radius of 380.W, an arc length of 261.3 Y and a chord bearing and distance of S 24°1 5'01" E 256,19' to a ^yam' Inst#X2181 940 page: 540 �r. point; thence S 60°15'37" W 175.23', S 20002'13" W 362.04', S 28005100" E 84,981, S 87°42'16" E 502.70', S 46°55'35" E 198.23', N 60°53'17" E 153.95', N 72°57'22" W 28.32',N 35007'19"W 253.71',N 03053'36"B 23.95'.N 230 12'44"E 17.191,N 52011,38" W 93.49', N 56-02.46" W 34.3q, N 39-22-00" W 65.91', N 24°57'02" W 43.59', N 19021'36" W 93.60', N 86°55�7" W 20.91', N 51-39-53" W 138.31', N 88°1414" W 27.19'to a curve running cou4terclockwiset4%A rth having a radius of 412.00',an are length of 92.09' and a chord beari�'8�a��d distance r6€w'j?°49'l7" W 91.90' to another curve, running clockwise to the north Nag a radius of 10.00', an arc length of 11.63' and a chord bearing and distance of N 14°06'03"E 10.99'to a point;thence N 47°25'35" E 78.83,S 63°07'56"E 102.20',S 46°34'18"E 93.30',S 36°37'20"E 54.49',S 29°20'52" E 122.00', S 22°27'25" E 33.961, S 53046'37" E 242.77', S 85044'27" E 67.31', N 65001'55"E 92.13',N 05°21'22"W 71.32',N 28-08-11"W 43.94',N 06-25-52"W 61.35', N 5304847"W 45.69',N 7805714,,W 49.26'to a curve running counterclockwise to the west having a radius of 50.00',an arc lengt}tni f Z2.53'and a chord bearing and distance of S 88008'14"W 22.34'to at.�ft 3'titer cMe running �o the west having a radius of 25.00',an arc length of 2 and a c ",,,bearing and hi&e of N 80-40,36"W 20.41, to a point; thence N 56°34'54" W 32.54'M a curve running clockwise to the northwest having a radius of 225.00',an are length of 36.47'and a chord bearing and distance of N 51°56'16"W 36.43'to a point;thence N 47°17'39"W 63.70'to a curve running clockwise to the northwest having a radius of 85.00',an arc length of 41.86'and a chord bearing and distance of N 33°11'15" W 41.43'to a point; thence N 19004151" W 50.78' to a curve mining counterclockwise to est having a radius of 185.00',an arc length of 200.30' and a chord bearing and tan of N � SjS '� W 190.66' to a point; thence N 08°53'02"E 47.64',N 45° '15"E I 1',N 23° �"1fe11.79',N 11°07'26"E 56.93', N 38035'06"E 46.21',N 57°16'02"E 29. � N 44°36'08"E 29.06',N 11°26'32"E 39.62', N 26031'00"W 48.84',N 45°38'08"W 199.83'to a curve running clockwise to the east having a radius of 360.00',an arc length of 266.55'and a chord bearing and distance of N 60°28'54"E 260.50'to a point;thence N 81041134"E 43.16'to a curve running clockwise to the east having a radius of 1260.00',an are length of 677.51'and a chord bearing and distance of S 82*54111"E 669.38?to another curve running clockwise to the south having a radius of 25.00', an arc length of 36.02 egg a chord bearing and distance of S 260 13'14" E 32.99' to aoint; co S ] 03 if 67.84' to a curve tanning counterclockwise to the south ha, adius 1585.00', It arc length of 97.86' and a chord bearing and distance of S 13017'21 W 97.85'to a point; thence S 88048'15"W 138.101, N 63026'28" W 80.41', N 49°29'16" W 50.00', N 59°35'50" W 50.00', N 71°20'27"W 50.00', S 89°35'07"W 68.33',S 73°38'22"W 50.00',S 57°39'08"W 50.W, S 42154'58" W 50.00', S 35008'56" W 152.61', S 04°21'31" E 61.32', S 46°46'41" W 38.74',S 03053'08"E 60.56'1 S l-V24'44"E 123.84',S 42°50'25" E 114.08', S 61-30,54" E 117.43',N 15-24133"E 6.445', `N 43°22'0�' 19.75',N 58057'37"E 24.63',S 73°58'59" E 31.75', S 19°17'40" E 87°2'5' 4', N 81140'30" E 169.34', N 82053'47"E 115.62'to a_citrve ntnntahounterclockw�i Leto the south having a radius of 450.00',an arc length of 163.24'and a eho°W bearing and distance S 07°0442"E 162.34' to a point;thence N 87°51'32"W 111.31',S 52°4846" W 94.021,S 11025130"W 96.67, S 02002'34" W 87.12', S 11°56'52" E 84.97', S 11°11'43" E 105.40', S 01°4120" E y� InstRl 4:91 Book 840 Pa": 541 114.18',S 45°13'31"W 91.12',S 72`07'55"E 197.26',N 86°0131"E 87.34',N 79°3040" E 227.72', N 73°31'09" E 168.44', N 72-23'00" E 296.17', N 69°52'33" E 130.70', N 68°04'03"E 123.25',N W39'57"E 43.01',S W4833"E 92.76',N 74-24'00"E 56.98',S 25°04'41"E 454.08'to a curve nuxning clockwise to the south having a radius of 255.00', an are length of 62.60'and a child bearing and distance of S 18°0245" E 62.44'to the point and place of BEGINNING,containinllfoacres. The above 4 tracts are all a portion of th4t 894.85 acres conveyed by deed recorded in Deed Book 827 Page 504, Bertie County Registry, and are all as shown on survey entitled "Golf Course Boundaries, hmsbrook Development,"dated April 2005, prepared by Hobbs, Upchurch & Associates, P.A., Consulting Engineers, Surveyors & Land Planners. All bearings herein are to NC Grid North Meridian NAD83 and distances are horizontal ground 4� Al 4?� It qt� 5 b �