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HomeMy WebLinkAbout176-05 Minor Mod. 02/2013 Rial Corporation F mit- Class Permit Number ODIFICATION/MINOR 176-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ,Perm tt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Rial Corporation, PO Box 2444, Greenville, NC 29602 Authorizing development in Bertie County adi.to the Chowan River, at the end of SR 1502. near Merry Hill as requested in the permittee's email dated 12/21/12, including_ the attached workplan drawings (2), both dated 12/5/12 This permit, issued on February 27. 2013 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) Unless specifically altered herein, this minor modification authorizes the additional bulkhead and construction entrance, all as indicated on the attached workplan drawings. 2) The authorized additional bulkhead shall adhere to the alignment depicted on the attached workplan drawings. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department / personnel when the project is inspected for compliance. D (/ Braxton . Davis, Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. All work must 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 that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Rial Corporation Permit# 175-06 Page 2 of 2 ADDITIONAL CONDITIONS 3) The bulkhead shall be constructed prior to any backfilling activities. 4) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 5) The bulkhead wall shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles or other suitable materials approved by division personnel. 6) All backfill material shall be clean and free of any pollutants except in trace quantities. 7) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. General 8) This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including any authorization required. 9) Prior to the initiation of any land-disturbing activities authorized by this modification, the permittee shall, in coordination with the N.C. Department of Cultural Resources (NCDCR), develop and implement an archaeological survey of the proposed project area. Initiation of permitted land-disturbing activities shall not begin until written approval is obtained from NCDCR, and a copy of such approval has been received by the Division of Coastal Management. 10) This minor modification shall be attached to the original Permit No. 176-05, which was issued on 11/9/05, as well as all subsequent modifications and refinements, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 11) All conditions and stipulations of the active permit remain in force under this minor modification unless specifically altered herein. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary February 27, 2013 Rial Corporation P.O. Box 2444 Greenville,N.C. 28602 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.The original(buff-colored form)is retained by you and it must be available on site when the project is inspected for compliance.Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS I I3A-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 requires additional approval. Please read your permit carefully prior to starting work and review all project plans,as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation.However, if questions arise concerning permit conditions, environmental safeguards, or problem areas,you may contact Department personnel at any time for assistance. By working in accordance with the permit,you will be helping to protect our vitally important coastal resources. Sincerely, ouglas V.Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Ave.,Morehead City,NC 28557 Phone:252-808-28081 FAX:252-247-3330 Internet:www.nccoastal management,net An Equal Opportunity 1 Affirmative Action Employer DCM Coordinator: �2_(4a,V6-,-,' Permit#: MAILING DISTRIBUTION SHEET Permitee• ��> '�► Agents: DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington Wilmington US ACOE 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: Anne Deaton Jeannie Hardy NC DOT: Ken Pace Shellfish Sanitation: Patti Fowler State Property: Tim Walton Water Quality: Karen Higgins(Raleigh) �^ John Hennessy(NC DOT) Washington: Anthony Scarbraugh-401 Scott Vinson-Stormwater Wilmington: Joanne Steenhuis—401 Chad Coburn-401 Linda Lewis - Stormwater Wildlife Resources: Maria Dunn(WARD) Vacant(WIRO) LPO: Fax Distribution: Permitee#: Agent#: WDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Dee Freeman Governor Director `'°•� Secretary RECEi ZLa MEMORANDUM JAN 0 7 2013 TO: Doug Huggett, Major Permits Coordinator, Division of Coastal Management (DCM) )CM_MHDCrrY THROUGH: David Moye, District Manager, Washington Regional Office, DCM FROM: Kimberly Hedrick, Compliance and Enforcement Representative, Washington Regional Office, DCM -�A4— DATE: 3 January 2013 SUBJECT: Modification Request for Scotch Hall Preserve Subdivision, Major CAMA Permit No. 176-05 issued to Rial Corporation Major CAMA Permit No. 176-05 was originally issued to Innsbrook, c/o the Rial Corporation, on 9 November 2005 for the development of a new subdivision with 399 single family lots, a golf course with clubhouse, shoreline stabilization, access roads, and parking areas adjacent the Chowan River. A Major Modification was issued for Permit No. 176-05 on 9 December 2010 to Rial Corporation for the development of a 107-slip marina and associated boat ramp, parking areas, roads, ship store and pool adjacent to Salmon Creek. This authorized development, formerly known as Innsbrook, at Scotch Hall Preserve is located on the Chowan River and Salmon Creek, near the Merry Hill Township, at the end of SR 1502 in Bertie County, North Carolina. The permit has been refined five times and currently has an expiration date of 22 January 2015. To date, the majority of the work authorized under the original permit has been completed, and a pre-construction meeting for the marina authorized under the Major Modification is scheduled for 8 January 2013. Mr. Brian Rubino with Quible & Associates, P.C., as agent for Rial Corporation, submitted the request on 2 January 2013 for a modification to the permit to allow for additional bulkhead shoreline stabilization to tie into the existing bulkhead return wall on Lot 160 and extend a new ±3-ft. tall bulkhead westward at Normal Water Level up the Chowan River an additional 182 linear feet to terminate at Lot 158. The project will result in cutting ±0.55 acres of the high bluff across renumbered lots 158-161 to create a vegetated 5.1 slope through the Estuarine Shoreline AEC of the Chowan River to the new bulkhead. All proposed changes noted above, including an associated construction entrance on Lot 160, are shown on the attached Sheets 1 and 2 dated 5 December 2012. The proposed area for bulkhead development and associated land disturbance would impact the 943 Washington Square Mall,Washington,NC 27889 One Phone:252-946-6481 1 FAX:252-948-0478 Internet:www.nccoastalmanagement.net NorthCaro/lina An Equal Opportunity 1 Affirmative Action Employer �aturally Scotch Hall Preserve, Rial Corporation Major CAMA Permit No. 176-05 Modification Request 3 January 2013 Page 2 of 2 archaeological site identified as 31 BR38 by the Department of Cultural Resources (DCR). The original permit showed this area as lots 357 and 358. To date, the DCR has not approved a mitigation plan for ground-disturbing activities as per Condition 13 of State Permit No. 176-05. Mr. Rubino has requested the modification be issued with a condition that would not allow ground disturbance until DCR approves the project. I have sent the information to DCR, State Historic Preservation Office, U.S. Army Corps of Engineers, and the NCDENR, Division of Water Quality, Division of Marine Fisheries, and Wildlife Resources Commission for review and comments. Please advise if any other agency review is necessary. The $100 check covering the cost of the requested modification was received and has been deposited in the Department's account. If the modification is granted, permit condition 13 needs to be included without change and the standard conditions for bulkheads and sedimentation and erosion control needs to be included with the alignment as shown on the attached plats. Please call me at (252)948-3936 if you have any questions. Quible Quible &Associates, P.C. P.O.Drawer870 Kitty Hawk,NC 27949 ENGINEERING-ENVIRONMENTAL SCIENCES-PLANNING-SURVEYING D Phone:252-261-3300 SINCE 1959 fax:252-261-1260 CM Web:quible.com December 21, 2012 DEC 2 7 201Z Ms. Kim Hedrick WARD UarnD NC Division of Coastal Management 943 Washington Square Mall JAN 0 7 2013 Washington, NC 27889 RE: Modification Request DCM-MHDCny Shoreline Stabilization Bulkhead, Slope Grading and Stabilization Scotch Hall Preserve PUD, Phase 2, Block 2 Section 1, Lots 158-160 Merry Hill Township, Bertie County, NC Dear Ms. Hedrick, The purpose of this correspondence is to request a Minor Modification to CAMA Major Permit 176-05. As we have discussed, we are diligently working towards receiving a SHPO signoff so that land disturbance can be authorized. Work shall include construction of 182 linear feet of shoreline stabilization bulkhead that ties into the end of the existing bulkhead; bulkhead up to 4 ft above normal water level whereas the existing bulkhead extends much higher. This includes clearing, grubbing and grading as necessary for access to stabilize the bulkhead construction area. I have sent letters to adjacent riparian owners (see letters and green certified mail receipts). Also enclosed are three sets of CAMA Modification Plans and the $100 modification processing fee. I would like to request that this modification be processed at this time with a condition that would not allow earth work until SHPO signoff. We have received contractor bids for the work and as soon as we are authorized, we would like to begin the bulkhead installation. If necessary, grading and fill work can be delayed until we receive SHPO signoff. Please review this information at your earliest convenience and please let me know if I can provide any additional information. Thanks for your continued assistance with this project. Sincerely, Quible & Associates, P.C. Brian D. Rubino •Permit,Class Permit Number MODIFICATION/MINOR 176-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ,Perin tt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Rial Corporation,PO Bog 2444, Greenville,NC 29602 Authorizing development in Bertie County adj_to the Chowan River, at the end of SR 1502.near Merry Hill as requested in the permittee's email dated 12/21/12, including the attached workylan drawings (2) both dated 12/5/12 This permit, issued on February 27. 2013 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) Unless specifically altered herein, this minor modification authorizes the additional bulkhead and construction entrance, all as indicated on the attached workplan drawings. 2) The authorized additional bulkhead shall adhere to the alignment depicted on the attached workplan drawings. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to DepartmentS '' personnel when the project is inspected for compliance. 1/ Braxton Davis, Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. All work must 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 that your project is consistent with the North Carolina Coastal Signature of Permittee Management Program. Rial Corporation Permit # 1-75-06 Page 2 of 2 ADDITIONAL CONDITIONS 3) The bulkhead shall be constructed prior to any backfilling activities. 4) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 5) The bulkhead wall shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles or other suitable materials approved by division personnel. 6) All backfill material shall be clean and free of any pollutants except in trace quantities. 7) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. General 8) This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including any authorization required. 9) Prior to the initiation of any land-disturbing activities authorized by this modification, the permittee shall, in coordination with the N.C. Department of Cultural Resources (NCDCR), develop and implement an archaeological survey of the proposed project area. Initiation of permitted land-disturbing activities shall not begin until written approval is obtained from NCDCR, and a copy of such approval has been received by the Division of Coastal Management. 10) This minor modification shall be attached to the original Permit No. 176-05, which was issued on 11/9/05, as well as all subsequent modifications and refinements, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 11) All conditions and stipulations of the active permit remain in force under this minor modification unless specifically altered herein. 47t,MPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY 0 m MO> - ems 1,2,and 3.Also complete A. Signatu item 4 if Restricted Delivery is desired. ❑Agent 'r' '. M m A Print your name and address on the reverse je Addressee .+ C so that we can return the card to you. c ' rinted Name) C. Date of Delivery N 00 j Attach this card to the back of the mailpiece, � `t �$ X ffl or on the front if space permits. D. Is delivery address different from item 1? ❑Yes i �� Qo 1. Article Addressed to: N -a If YES,enter delivery address below: ❑ No �' O � nvv'i=O> O / D. C) LijlJ(L !i I i' O '0 t' WzxO COO L aruo os ►24 U(J I o m 0 3. Service Type Cn �J r I :� � � �� Certified Mail ❑ Express Mail ➢ 1 ` 37 S- / ❑Registered ❑Return Receipt for Merchandise r ► ` 0 " " ❑ Insured Mail ❑C.O.D. O C S, # •# y:- 4. Restricted Delivery?(Extra Fee) ❑Yes I�N ! ! . �7. Article Number' r ,{+ff ¢ ♦♦ f t -1 (Transferfromservicela 7007 2680 0002 5929 7844 z Form 38 February 20 4 Domestic Return Receipt 102595-02-M-1540 4! 1— { TTT!!!!!! Ln . . . ' ,r/ • ■ Complete items 1,2,and 3.Also complete A. Signature I. �, t } } 1 item 4 if Restricted Delivery is desired. /�� ❑I Agent I i '' ■ Print your name and address on the reverse C/ Addressee ; r so that we can return the card to you. B. Re ived by(Printed Name) C. Date of Delivery I Lij ■ Attach this card to the back of the mailpiece, or on the front if space permits. S f $ D. Is delivery addr rent F,iqn 1C�ir11.,7 Q Yes Hr; O 1. Article Addressed to: �y�a I O If YES,enter delivery address below: 0000 f �q m DEC 13 20 !1 1 3. Service Type m 1. :./ , Certified Mail ❑Express Mail �� ,y ❑ Registered ❑Retum Receipt for Merchandise ❑ Insured Mail ❑C.O.D. z ff e` 4. Restricted Delivery?(Extra Fee) ❑Yes n ` 2. Article Number 7007 2680 0002 5929 7417 ] (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540 } >� 111 !r Ot 'f } > 1 . CAl O aj$ ! ! [p RECEIVED JAN 0 7 2013 Quible Quible & Associates, P.C. P.O.Drawer870 Kitty Hawk,NC 27949 ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING•SURVEYING Phone:252-261-3300 SINCE 1959 Fax:252-261-1260 Web:qulble.com CERTIFIED MAIL December 8, 2012 Miller& Liz Warren RECEWED 1301 King Cross Ct. Raleigh, NC 27614 JAN p 7 2013 RE: CAMA General Permitting Lots 158-160. Phase 2 Scotch Hall Preserve DCMMHDcrry Mr. and Mrs. Warren, As the nearest riparian property owner to Lot 158, it is required by NC Division of Coastal Management (NCDCM)that you be notified of the proposed shoreline stabilization bulkhead and grading to take place along the lots 158-160 shoreline for erosion protection. This work requires a Modification to the existing CAMA Major Permit for Scotch Hall Preserve. Enclosed is a plan set showing the work as proposed. Should you have no objections to the proposed work, please check the statement below, sign and date the blanks below the statement and return one copy of this letter to: Brian Rubino, Quible & Associates P.C., PO Drawer 870, Kitty Hawk, NC 27949. Keep the second copy for your files. I can also be reached at brubino@auible.com or 252.261.3300 to discuss this matter. Should you have objections to this proposal, please send your written comments to Ms. Kim Hedrick, NCDCM, 943 Washington Square Mall, Washington, NC 27889. No response within 30 days of receipt of this notice will be interpreted as "no objection". Sincerely, Quible and Associates, P.C. Brian �Rubino I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. 1 have objections the project as presently proposed and have enclosed comments /K 1� X��i ?� Signature Date Quible Quible &Associates, P.C. P.O.Drawer 870 Kitty Hawk,NC 27949 ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING•SURVEYING Phone:252-261-3300 Fax:252-261-1260 SINCE 1959 Web:quible.com CERTIFIED MAIL December 8, 2012 Gary& Denise Newhard 444 Lancashire Run Smithfield, NC 27577 RE: CAMA General Permitting Lots 158-160. Phase 2 Scotch Hall Preserve Mr. and Mrs. Newhard, As the adjacent riparian property owner to Lot 160, it is required by NC Division of Coastal Management (NCDCM) that you be notified of the proposed shoreline stabilization bulkhead and grading to take place along the lots 158-160 shoreline for erosion protection. This work requires a Modification to the existing CAMA Major Permit for Scotch Hall Preserve. Enclosed is a plan set showing the work as proposed. Should you have no objections to the proposed work, please check the statement below, sign and date the blanks below the statement and return one copy of this letter to: Brian Rubino, Quible & Associates P.C., PO Drawer 870, Kitty Hawk, NC 27949. Keep the second copy for your files. I can also be reached at brubino@guible.com or 252.261.3300 to discuss this matter. Should you have objections to this proposal, please send your written comments to Ms. Kim Hedrick, NCDCM, 943 Washington Square Mail, Washington, NC 27889. No response within 30 days of receipt of this notice will be interpreted as "no objection". Sincerely, Quible and Associates, P.C. Brian Rubino I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. 1 have objections to the project as presently proposed and have enclosed comments Signature Date