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
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item 4 if Restricted Delivery is desired. /�� ❑I Agent I i ''
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so that we can return the card to you. B. Re ived by(Printed Name) C. Date of Delivery I Lij
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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