176-05 Renewal 03/2015 Rial Corporation

,rmit Class Permit Number
RENEWAL 176-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
,Perm it
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Rial Corporation, PO Box 2444, Greenville,NC 29602
r Authorizing development in Bertie County adi. to the Chowan River, at the end of SR
150.2,near Merry Hill as requested in the permittee's email dated 12/30/14
This permit, issued on March 3,2015 , 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.
� shall e attached to the original of Permit No. 176-05 1) This renewal sha b ,which was issued on 11/9/05, as well
Y as all subsequent renewals and modifications, and copies of all documents shall be readily available on
site when Division personnel inspect the project for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
NOTE: A permit renewal application processing fee of$100 was received by DCM for this project.
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.
This permit must be accessible on-site to Department '
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered yy,/ Braxton C. Davis Director
hereunder requires further Division approval. i"
Division of Coastal Management
All work must cease when the permit expires on / i
This permit and its conditions are hereby accepted. #y
January 22,2017
In issuing this permit, the State of North Carolina agreesg
that your project is consistent with the North Carolina Coastal ¢
Management Program.
Signature of Permittee
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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
March 3,2015
Rial Corporation
P.O. Box 2444
Greenville,N.C. 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.The original(buff-
colored form)is retained by you and it must be available on site when the project is inspected for
compliance.Please sign both the original and the copy and return the copy to this office in the enclosed
envelope. Signing the permit and proceeding means you have waived your right of appeal described below.
If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS
113A-121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B
with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,NC 27611-6714,(919)733-
2698 within twenty(20)days of this decision on your permit.You should also be aware that another
qualified party may submit an objection to the issuance of this permit within twenty(20)days.
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,
T
.r
Douglas V.Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Avenue, Morehead City,North Carolina 28557
Phone:[phone] FAX [phone] Internet:www.nocoastalmanagement.net
An Equal Opportunity/Affirmative Action Employer

DCM Coordinator:-- - �(Jddw Permit#:
9
MAILING DISTRIBUTION SHEET
Permitee: J �
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) U
Wilmington: Tyler Crumbly
Cultural Resources: Renee Gledhill-Early
Public Water Supply: Diane Williams (WIRO)
Joey White (WARD)
Marine Fisheries: Shane Staples
Jessi Baker
NC DOT: Ken Pace
Shellfish Sanitation: Patti Fowler
State Property: Tim Walton
C� l
Water Quality: Karen Higgins (Raleigh)" /
John Hennessy (NC DOT)
Washington: Anthony Scarbraugh-401 ✓
Scott Vinson-Stormwater 11 AA
Wilmington: Joanne Steenhuis—401
Chad Coburn- 401
Linda Lewis - Stormwater
Wildlife Resources: Maria Dunn (WARD)
Vacant (WIRO)
LPO:
Fax Distribution: Permitee#: Vz
Agent#:

Quible
Quible &Associates, P.C. P.O.Drawer870
Kitty Hawk,NC 27949
ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING•SURVEYING Phone.[phone]
SINCE 1959 Fax.[phone]
web'.quible.com
December 30, 2014
Mr. Doug Huggett
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
i
RE: Renewal of CAMA Major 1c38=66
Dear Mr. Huggett:
I am writing to request the renewal of CAMA Major #176-05 (the "Permit"), issued to Rial
Corporation. The Permit was originally issued on 11/09/2005 for a new subdivision, golf course
with clubhouse, shoreline stabilization, access roads and parking areas. Since then, Quible &
Associates, P.C. was engaged to assist with permitting of a marina on Salmon Creek and a
Major Modification to permit #176-05 was issued on 12/09/2010 for a 92 slip marina on Salmon
Creek. Based on the applicable permit extension acts, the expiration date is 1/22/2015.
On 5/03/2012, a Letter of Refinement was issued for fencing, pool patio and associated grading
in the Clubhouse area at Scotch Hall Preserve. This work has been completed.
On 2/27/2013, a Minor Modification was issued for shoreline stabilization bulkhead and
associated grading in the vicinity of what is referred to as Lot 158-160. These are Albemarle
sound-fronting lots. This work has been completed.
In 2012-2013, a portion of the marina was constructed which is limited to Pier #3 with
associated boat slips and the boat ramp area. In association with this activity:
■ On 1/14/2013, a Letter of Refinement was issued for constructing rectangular finger
piers instead of triangular (on Pier 3), addition of 63 ft to Pier 3 in a landward direction to
provide upland access, 22 ft long extension to the Pier 4 (boat ramp staging pier). This
work has been completed.
■ On 3/12/2013, a Letter of Refinement was issued to allow vinyl sheet piling with cap
boards to prevent underwashing of the ramp. This work has been completed.
■ On 4/29/2013, a Letter of Refinement was issued for an increase of the width of the
sheet piling cap boards from 24" to 36". This is to be used as a catwalk on each side of
the boat launch ramp. This work has been completed. RECEIVED
1AN 0 1015

In the marina area, none of the remainder of the piers, slips and boardwalks have been
constructed at this time and neither has the parking area and ship store. Rial has undertaken
substantial development activity in reliance upon the Permit as described above. Rial remains
committed to the marina and other development activities at Scotch Hall Preserve, as permitted,
and intends to move forward with the remaining work as economic conditions improve and
consumer sentiment improves.
I have enclosed the $100 renewal processing fee along with copies of the CAMA Major Permit
and Modifications and (3) full sized copies of the marina area CAMA plan which was last
updated on 3/06/2013 in association with the last Letter of Refinement.
We appreciate your continued attention to the project. If you have questions regarding this
request for the renewal of CAMA Major 176-05, please contact me at [phone] or
[e-mail].
Sincerely,
Quible & Associates, P.C.
I V,
Brian Rubino
cc: Kevin Hart, NCDCM Field Representative
Dutch Remkes, SHP
RECEIVED
JAN 0 5 2015
�'QNM-M11[!q Io1T�y

MEMORANDUM
TO: Daniel Govoni
THROUGH: Kelly Spivey:�5
FROM: Kevin Hart��
DATE: 8 January 2015
SUBJECT: Renewal of Permit No. 176-05 issued to Innsbrook, for the Rial Corporation, on
November 2005,near Merry Hill, Bertie County
CAMA Major Permit No. 176-05 was issued to Innsbrook for the Rial Corporation to
develop a 399 single family lot subdivision, a golf course with clubhouse, shoreline stabilization,
access roads, and parking areas adjacent to the Chowan River. On 9 December 2010 a Major
Modification was issued for the development of a 107 slip marina with 3 piers and associated boat
ramp,parking areas,roads, ship store and pool adjacent to Salmon Creek. There has been multiple
Letter of Refinements and a Minor Modification to the original Major CAMA permit.
The shoreline stabilization, boat ramp, one of the piers, pool and pool patio have been
completed. The docking facility is partially complete. Therefore, I recommend the renewal of this
permit.
The $100 fee to cover the cost of the renewal has been deposited in the Department's
account. If you have any questions, please give me a call.
ATTACHMENTS

Permit Class , rermn ivumoer
MODIFICATIONlMAJOR 176-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources f
and
Coastal Resources Commission t
1
a for
X Major Development in an Area of Environmental Concern
Y pursuant to NCGS I I3A-118 RECEIVED
BAN 0 5 2015
X Excavation and/or filling pursuant to NCGS 113-229 Kkt r�,
Issued to Rial Corporation,PO Box 2444, Greenville,NC 29602
Authorizing development in Bertie County at adi. to the Chowan River, at the end of
s
SR 1502._near Merry Mill , as requested in the permittee's application dated _ 4/5110, 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
t
1) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage
disposal facility shall be installed in an easily accessible location, and a representative of the Division f
of Coastal Management shall meet on-site with the permittee to ensure that the required pumpout
facility is in place and operable. The pumpout facility shall be operable and maintained for the life of
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 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 88#
continuance as the case may be.
oThis 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
Ysion of Coastal Management
t 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
f that your project is consistent with the North Carolina Coastal
Management Program.
;t Signature of Permittee
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Mal Corporation RECEIVED Permit# 176-05
Page 2 of 5
JAN 0 5 1015
a
ADDITIONAL CONDITIONS rsrn�_��urs r .r,
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 Y
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 dependent uses of structures may be conducted on, in or .
over public trust waters without permit modification.
s:
5) The authorized structure shall not extend more than '/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.
A 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
S
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 Iines 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
3 waters at or adjacent 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.
10) This permit does not authorize the interference with any existing or proposed Federal project, and the s
Vpermittee 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
f 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 rninimunl, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
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RECEIVED
Rial Corporation JAN tl 5 2015 Permit# 176-05 �
Page 3 of 5
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ADDITIQNAI, 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.
i
Boat Ramp
1.4) Unless specifically altered herein, this permit authorizes the reconstruction of the boat ramp facility, all
as indicated on the attached workplan drawings.
1 15) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or
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 Iease from the Department of
Administration's State Property Office. Contact the Department of Administration's State Property
Office directly at [phone] 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.
f
Upland Development
17) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
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.
s Contact a Division of Coastal Management representative at [phone] for this determination.
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.t Rial Corporation , Permit # 176-05
Page 4 of S Y
s. RECEIVED
s ADDITIONAL CONDITIONS JAN 0 5 2015
Stormwater Management
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f
18) The Division of Water Quality approval of this project under stormwater management rules of the f
x Environmental Management Commission is covered by way a Redevopment Exclusion Permit No.
A SW7101006 issued on=1112,8V'10. If a modified Stormwater permit is required, it shall be obtained prior
A to initiation of any development. Any violation of the permit approved by the DWQ shall be 4
f considered a violation of this CAMA permit.
Sedimentation and Erosion Control
A 19) 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, etc.).
s
_NOTE: An Erosion and Sedimentation Control Plan shall be required for this project. This plan shall 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, 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 to free navigation of the navigable waters, the permittee 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
' 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.
:T
? 22) Unless specifically altered herein, any mitigative measures or environmental commitments specifically
r 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.
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Dial Corporation Permit# 176-05
Page 5 of 5
RECEIVED a`
ADDITIONAL CONDITIONS AN 0 5 tO1S
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KPt1,ii_AiItJf51tN'�
23) No Coastal Wetlands shall be excavated or filled, even temporarily.
Y
24) 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.
3,
25) 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 renewals, modifications, and letters of refinement, and copies of all
documents shall be readily available on site when Division personnel inspect the project for compliance.
A
26) All conditions and stipulations of the active permit remain in force under this minor modification unless
? specifically altered herein.
p y
t NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, a
approvals or authorizations that may be required, including any local approvals or approvals
from the North Carolina Department of Transportation.
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 [phone] prior to the i
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
x 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.
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Permit Class Permit Number
MODI<FTCAT1pN/MiNpR 1,7tS-OS
STATE OF NO] TH CARULTNA
Department of Enviro nt and Natural Resources RECEIVED
d
Coastal Resou s Commission JAN 0 5 2015
r
X Major Developmen in an Area of Environmental Concern
Pursuant to NCGS l 3A-11 R
X Excavation and/or Bin&pursuant to NCGS 113-229
Issued to Rial Corporation,Pp Box 2444 Greenville NC 29602
Authorizing development in Bertie County adi.to tlne Chowan River,at the end orSR
102.near MCM Hill as requested in t permittee's email dated _._ 12/21/12, including_
the attached'work lan drawin s 2 both dated 12/5/12
This permit, issued on February 27_.20.13 , i subject to compliance with tlx:application (where consistent
with the permit), all applicable regulations, special conditior s and notes set forth below.Any violation of these terms may
be subject to fines, imprisonment or civil action,or may can a the permit to be null and void,
1) Unless specifically altered herein, this tninoT modification authorizes the additional bulkhead and
construction entrance, all as indicated on the ai tached workplan drawings.
2) The authorized additional bulkhead shall adhEre to the alignment depicted on the attached workplan
drawings.
(See attached sheet foi Additional Conditions)
This permit action may be appealed by dic permittee or Signed by the authority of the Secretary of DFNtt 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.
Any maintenance work or project modification not covered Braxton . Davis,Director
Division Of Coastal Management
hereunder requires further Division approval,
All work must cease when the permit expires on This permit and its conditions ure 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 Pertninee
2/2:a6Pd 092TT922S2T6:Oi Ai90HW W30:wOJd 9S:9T ET02-k2-e3d

Rial Corporation RECEIVED Permit# 17.5-06
JAN 0 b 1015 Page 2 of 2
ADDITIONAR CONDITIONS r-?rn_nnWrn r.;TV
3) The bulkhead shall be constructed prior to any ackfilling activities.
4) The bulkhead shall be structurally tight so to prevent seepage of backfill materials through the
structure.
5) The bulkhead wall shall be solid and construe d of treated wood, concrete slabs, metal or vinyl sheet
piles or other suitable materials approved by diN ision personnel,
6) All backfill material shall be clean and tree of a ly pollutants except in trace quantities.
7) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
Gei ieral
8) This permit does not eliminate the need to obtai i any additional state, federal or local permits, approvals
or authorizations that may be required, including any authorisation 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 pro sed proiect area. initiation of permitted land-disturbing
activities shall not begin until written approval i obtained from NCDCR,and a copy of such approval
has been received by the Division of. Coastal M agement.
10) This minor modification shall be attached to the original Permit No, 176-05, which was issued on
1 1/9/05, 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 pernit remain in force under this minor modification unless
specifically altered herein.
2,2:aeed 092TT922S2T6:Oi J,190HW WOO:wOJJ 9S:9T ZT02-22-83d